This report is published in partnership withThe Marshall Project, a nonprofit news organization covering the U.S. criminal justice system.

Giving birth to her fourth child in January of 2021 was life-changing, says Nicole Hamann, but not in the way she ever imagined. While still at the hospital, Hamann was informed that both she and her newborn tested positive for a trace amount of THC, the psychoactive chemical in marijuana. [A urine test is given to mothers, which is followed up by testing the umbilical cord.] “I felt like, all of the sudden, I was a criminal,” Hamann said.

“Through all of my pregnancies, I took very good care of myself and my body. Now all of the sudden, I have these people making me feel guilt and shame and fear.”

Hamann lives in Idaho, where marijuana is illegal. But a month before giving birth, Hamann, who has no criminal record, says she accidentally ate a pot-laced brownie at a relative’s home in Oregon, where marijuana is legal. She says no one was interested in hearing her explanation of why she had THC in her system.

Child and Family Services began an investigation immediately, because in Idaho (and a number of other states), a single positive test result of THC in a newborn is considered presumptive evidence of child abuse.

“They knocked on my door, and there was an officer standing with them, a police officer,” Hamann said.

After inspecting her home and speaking with Hamann’s other children, state social workers closed her case. “I just thought, ‘OK, just tell me what I have to do so that this can all go away,’” she said. “And little did I know that it wasn’t going to just go away. This was going to haunt me for the next ten years of my life.”

Although social workers found no evidence of drug use, Hamann’s name was still placed on the agency’s child protection central registry – a list of child abusers. That means she can’t work in hospitals or daycare centers. Even volunteering at her children’s school is not allowed.

And Hamann’s name remains on that list for a period of ten years. “It hurts … it hurts,” she said. “It’s heavy. It feels like somebody placed a big boulder on my shoulder and I have to carry it around for 10 years.”

Quelle: CBS News