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HCAO ends prosecutions of pregnant women for substance abuse
County Attorney Mary Moriarty says charging pregnant women for using drugs discourages them from seeking prenatal care and treatment.
MINNEAPOLIS — Noting that chemical addiction in and of itself is not illegal, the Hennepin County Attorney’s Office (HCAO) announced a significant policy change Tuesday, saying that women who engage in drug use will no longer be charged criminally. Instead, County Attorney Mary Moriarty says, those women will get the care they need to help keep infants healthy and safe.
The new policy is effective immediately, and pending cases will be dismissed. While current state law does not allow prosecutors to expunge records in cases of women convicted of using while pregnant, Moriarty says her office will support petitions for expungement filed by those previously charged.
“Drug use during pregnancy is a serious concern. But criminalizing pregnancy makes no sense because it causes the very harm it seeks to prevent,” Moriarty said. “Instead of stopping people who struggle with addiction from using drugs, punitive policies make them afraid to seek the crucial prenatal care, health care, and drug treatment they need.”
The HCAO says the new policy is research-driven, with studies showing:
- Pregnant people who fear charges and incarceration are less likely to seek substance abuse treatment and prenatal care, which can lead to poor outcomes.
- States with punitive policies have higher rates of neonatal abstinence syndrome (NAS – problems associated with withdrawal).
- Criminalizing pregnancy has a disproportionate impact on low-income communities, particularly people of color.
- Separating an infant and parent carries a high cost for both.
“According to the National Library of Medicine, in the last five decades, the number of women behind bars in the United States has risen exponentially. It is now estimated that there are nearly 58,000 pregnant people — disproportionately women of color — sent to jails and prisons each year,” said Rep. Esther Agbaje (DFL-Minneapolis), chair of the Minnesota House Black Maternal Health Caucus. “By focusing on harm reduction and treatment rather than punishment, we can create a safer environment for all families.”
The HCAO says a number of prominent medical organizations – including The American College of Obstetricians and Gynecologists (ACOG), the National Perinatal Association, the American Society of Addiction Medicine and the American Nurses Association (ANA) – oppose taking criminal action against people who are pregnant and struggling with substance use disorders.
Last week, prosecutors charged John Sawchak with attempted 2nd-degree murder and other felony charges after he allegedly shot his neighbor Davis Moturi.
MINNEAPOLIS — Following the shooting between two neighbors, the Minneapolis City Council voted unanimously to request that the city’s auditor conduct an independent investigation into the incidents and cases between Davis Moturi and John Sawchak.
Moturi was allegedly shot by his neighbor, Sawchak, on Wednesday, Oct. 23 but Minneapolis police did not arrest Sawchak until days later.
Minneapolis Police Chief Brian O’Hara defended not arresting Sawchak sooner, calling it a “high-risk” situation. O’Hara later said the victim, who had complained about harassment from Sawchak for months, was failed by police. Sawchak was arrested this past weekend after an hours-long standoff.
Moturi suffered a fractured spine, two broken ribs, and a concussion in the shooting. “Mr. Moturi’s life matters and I’m sorry that for nearly a year, MPD did not treat it like it did,” said Council Member Robin Wonsley in a news release, “Today’s vote affirms that the City Council is committed to taking meaningful actions towards accountability and restoration, starting with this independent review.”
Meanwhile, a spokesperson for Minneapolis Mayor Jacob Frey released this statement:
“Mayor Frey fully supports an independent review of this incident. The mayor and City are committed to always doing better, and this means closely examining past actions and finding where there may be ways to improve and grow. The mayor extends his condolences to Davis Moturi, his wife, Caroline, and their family and friends. The safety of our residents is a top priority and any form of violence or hate speech is completely unacceptable and does not align with who we are as a community. Brian O’Hara will continue to be the Minneapolis Police Chief.”
“This Valentine’s Day, 2025, will mark the five-year anniversary of the premiere of ‘Love is Blind,” Vanessa said on the Season 7 finale. “And, it is gonna be the launch of Season 8, which takes place in Minneapolis.”
The episode also revealed three of the new cast members, one of whom, “Alex,” told Lachey Minneapolis is “not like a major city, but it’s also not a small town,” which he said is just one of the obstacles in his way of finding the one.
“I just never found the right person that clicked for me,” he said.
Meantime, you can bone up on Seasons 1-7 streaming now on Netflix.
MINNEAPOLIS — How much do you know about your grandma’s upbringing?
“The Stories From My Grandmother’s Hands” is a book that aims to show young Black children how their grandmas lived through beautiful illustrations and descriptions.
KARE 11 News at Noon shared more on Thursday about the impact that this book will have.
