LANSING, Mich. (Michigan News Source) – As marijuana use has become legal and more prevalent in the state of Michigan, users who are also mothers, risk consequences with Child Protective Services if reported. 

Michigan law requires doctors and medical staff to report mothers who test positive for specific substances, including marijuana, alcohol, and a variety of illegal drugs, according to MLive. 

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Since the winter of 2017, Michigan law allows an exemption of mandatory reporting of medical marijuana cardholders, thus leaving the decision to report up to hospitals. 

Between Aug. 22, 2021 and Aug. 21, 2022 doctors and medical staff in Michigan filed a total of 5,530 complaints against mothers for possible negligence or abuse, due to substance use detected or suspected in their babies at birth.  Because no itemized list of particular substances is currently available, it is unknown how many of the substances were marijuana. 

Data shows possible health risks for expectant mothers who use marijuana, including slower growth and impacts on neural development of the child. 

“We know that there’s some emerging data about some of the short-term things that happen in infancy, such as issues with being more startled or having more sleep problems,” said Dr. Courtney Townsel, an OB-GYN of Michigan Medicine. “And then when they get into school, we see more issues with inattention and short-term memory.

If a known history of substance use during pregnancy occurs, a maternal drug screen is completed according to Covenant HealthCare Director of Women’s and Children’s Services, Rebecca Schultz.  The mothers urine and sometimes blood are tested for 14 different substances, she said. 

After a hospital decides to test the mother, if the results prove positive, a CPS investigation begins.  While an investigation is assured, there are multiple tiers that a family could be placed in should the evidence show a child is in danger of abuse or neglect. In the initial tiers, a child would not be taken from a family.  CPS also cannot remove a child from a home without a court order according to michigan.gov. 

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According to the 2020 National Survey on Drug Use and Health, the number of pregnant women in the U.S. who admitted to using marijuana in the prior month has increased 28% from 2019 and 2020.