About 70,000 mothers were referred to law enforcement between 2018 and 2023 for allegedly using substances during their pregnancies, an investigation by The Marshall Project reporters Shoshana Walter and Jill Castellano revealed for the first time.
While many of the patients likely used illicit drugs, thousands of others were referred to police as a result of positive tests caused by prescribed medications. In some instances, women were referred over positive tests caused by fentanyl from their epidurals, poppy seeds or common over-the-counter medications.
Civil rights attorneys and women’s rights advocates warn that these referrals increase the likelihood more people will face criminal consequences given increasing surveillance and scrutiny of women’s reproductive choices and outcomes.
How to work with us
If you are a journalist or researcher interested in investigating the consequences of hospital drug testing at childbirth, we’ve designed a reporting toolkit with free data visualizations, a FOIA template, advice on finding impacted sources, and an interactive tool to look up the policies and data in your state. We’re also working on identifying sources for these stories. If you’re interested in learning more about this effort, please email us at investigatethis@themarshallproject.org.