“Flawed” Drug Testing on Pregnant North Carolina Women Leads to Unnecessary Charges

Although many people are probably completely unaware, law enforcement agencies around the country collect drug test data from pregnant women. The goal is to press drug charges against these women. Some are also charged with child neglect. A recent article published by North Carolina Health News suggests that some of these drug tests may be flawed, implying that many pregnant women have faced unnecessary criminal charges. If you’re facing drug charges on evidence or drug tests that are flawed, consider speaking with a criminal defense attorney in North Carolina.

Stunning Report Suggests That Law Enforcement Agencies Might Be Targeting Pregnant Women

In February of 2026, The Marshall Project released a stunning report on the practice of targeting pregnant women with drug testing. The goal of this law enforcement initiative is to crack down on drug use among mothers, which might be understandable if it were not for the unreliable testing methods.

The Marshall Project reports that these drug tests return “false positives” as much as 50% of the time. This is like flipping a coin to see whether a pregnant mother will go to jail simply for the crime of bringing a new child into the world.

These are not simple possession charges, either. Law enforcement agencies often charge pregnant women with child neglect and other serious felonies after receiving these drug test results. Some have faced maximum sentences of 10 years in prison.

Also in February, North Carolina Health News expanded on this topic and highlighted one North Carolina woman’s experiences. This woman had consumed legal CBD gummies and hemp-based ointments while she was pregnant. She was having her third child, and she thought these natural supplements would ease her pain and nausea. For whatever reason, she tested positive for cannabis intoxication at the hospital. So did her newborn baby.

What followed was a nightmarish experience in which she was forced to turn herself in to her local sheriff’s office in the middle of the night. Officers then strip-searched her, handcuffed her, and processed her before leaving her in a jail cell for the night. She rubbed shoulders with actual criminals, wondering how her newborn baby was doing back at home.

This is just one example of how a flawed testing system can wreak serious harm on a family during a time when they should be welcoming a newborn into the world. Others have reported false positives because of drugs their family doctors had prescribed.

Can a North Carolina Criminal Defense Attorney Help Me?

If you believe your drug charges are based on flawed evidence, you have every right to challenge this evidence in court. Consider discussing your options with an experienced criminal defense attorney in North Carolina. With their help, you can push back against unnecessary charges and fight for your rights. Contact The Pritchard Firm for more information about the next steps.

Sources:

 northcarolinahealthnews.org/2026/02/21/tens-of-thousands-of-mothers-were-flagged-to-police-over-flawed-drug-tests-at-childbirth/

themarshallproject.org/2026/02/18/pregnancy-drugs-law-enforcement-referral-data

cbsnews.com/news/mothers-police-flawed-drug-tests-at-childbirth/