The War on Drugs and Families
As the Drug Policy Alliance explains:
"Everyone has a stake in ending the "war on drugs." Whether you’re a parent concerned about protecting children from drug-related harm, a social justice advocate worried about racially disproportionate incarceration rates, an environmentalist seeking to protect the Amazon rainforest or a fiscally conservative taxpayer you have a stake in ending the drug war. U.S. federal, state and local governments have spent hundreds of billions of dollars trying to make America "drug-free." Yet heroin, cocaine, methamphetamine and other illicit drugs are cheaper, purer and easier to get than ever before. Nearly half a million people are behind bars on drug charges - more than all of western Europe (with a bigger population) incarcerates for all offenses. The war on drugs has become a war on families, a war on public health and a war on our constitutional rights.
Many of the problems the drug war purports to resolve are in fact caused by the drug war itself. So-called "drug-related" crime is a direct result of drug prohibition's distortion of immutable laws of supply and demand. Public health problems like HIV and Hepatitis C are all exacerbated by zero tolerance laws that restrict access to clean needles. The drug war is not the promoter of family values that some would have us believe. Children of inmates are at risk of educational failure, joblessness, addiction and delinquency. Drug abuse is bad, but the drug war is worse." See http://www.drugpolicy.org/drugwar/
Because the war on drugs has been used as a way to justify the punishment of pregnant women (See Punishment of Pregnant Women) and because it is undermining the health and well being of so many parents, families, and communities this section provides articles, resources, and links that provide evidence based information about illegal drugs, the destructive impact of the war on drugs and organziations and strategies for change.
State v. Greywind, No. CR-92-447 (N.D. Cass County Ct. Apr. 10, 1992).
On February 7, 1992, Martina Greywind, a twenty-eight-year-old homeless Native American woman from Fargo who was approximately twelve weeks pregnant, was arrested. She was charged with reckless endangerment based on the claim that by inhaling the vapors of paint fumes, she was creating a substantial risk of serious bodily injury or death to her unborn child. The complaint alleged:
[The] defendant willfully created a substantial risk of serious bodily injury or death to another, to-wit: . . . MARTINA GREYWIND, while pregnant intentionally inhaled the vapors of a volatile chemical in violation of North Dakota Century Code 12.1-31-06 and thereby willfully created a substantial risk of serious bodily injury or death to her unborn child.
On February 10, 1992, Ms. Greywind, without a lawyer, initially pleaded guilty. She was sentenced to nine months at a state prison farm and ordered to participate in a chemical dependency program. After an attorney took her case, however, Ms. Greywind was allowed to withdraw her plea on February 12, 1992.
During this time, members of the Lambs of Christ were active in Fargo attempting to disrupt the Fargo Women's Health Clinic, the only abortion clinic in North Dakota. The Lambs of Christ is a loosely organized group of Roman Catholics who "focus on the rescue of unborn children." They had been in North Dakota since March and members of their group had been repeatedly jailed. News stories about the case reported that members of the group who had been arrested attempted to befriend Ms. Greywind while they were in jail together.
According to court records and the press, Lambs of Christ spokesperson Ronald Maxson posted $100 for a $1000 personal recognizance bond for Ms. Greywind. Nine hours after her release on bail, Ms. Greywind was re-arrested because police allegedly caught her sniffing paint again. She pleaded guilty to illegal inhalation of chemical vapors and was transferred to the state mental hospital. The State's Attorney said Ms. Greywind was to spend thirty days in the hospital or jail as her sentence. On February 20, 1992, a lawyer for the Lambs of Christ filed a petition seeking to have the woman's brother, Ken Greywind, appointed her legal guardian, apparently in an effort to prevent Ms. Greywind from having an abortion. According to an affidavit filed by Mr. Greywind, "I believe she is contemplating an abortion in order to have the charge of reckless endangerment dismissed and get out of jail so she can continue to abuse her body." The court denied Mr. Greywind’s petition.
On February 21, 1992 the State and Ms. Greywind entered a stipulation -- an agreement between the parties -- that Ms. Greywind “be released from the Cass County Jail for the following medical and/or psychological appointment: February 22, 1992, at 11:00 A.M.” According to press reports, this release enabled Ms. Greywind to obtain an abortion at the Fargo Women’s Health Clinic. Ms. Greywind obtained the abortion, despite widely-publicized efforts by abortion opponents to persuade her to carry the pregnancy to term including a financial offer conveyed by the Lambs of Christ of at least $10,000. Ms. Greywind expressed a desire to have the abortion, but also her inability to pay the cost of the procedure. North Dakota law prohibited state funding of abortion. According to the press, anonymous donors offered to pay for the $300-400 cost of her abortion. On February 24, 1992, Mr. Maxson of the Lambs of Christ requested that the $100 bail be returned to him. The request was granted.
On March 30, 1992, Ms. Greywind filed a motion to dismiss the charges arguing that “the State in this case [was] seeking to criminalize the pregnancy of a drug-addicted woman by applying a strained and unforeseen construction of the North Dakota reckless endangerment statute," as well as other grounds including the fact that the abortion rendered the case moot. Assistant Cass County Prosecutor Steve Dawson then filed a motion to dismiss with prejudice stating:
On February 10, 1992 [Martina Greywind] was charged with the offense of Reckless Endangerment, a class A misdemeanor. The defendant has recently undergone treatment at the North Dakota State Hospital and is presently in custody at the Cass County Jail on a subsequent and pending charge of Inhalation of Volatile Chemicals in violation of N.D.C.C. Section 12.1-31-06. Defendant has made it known to the State that she has terminated her pregnancy. Consequently, the controversial legal issues presented are no longer ripe for litigation. Further, the likelihood of this extreme factual situation recurring is limited. In the interest of preserving limited prosecutorial and judicial resources, Plaintiff hereby moves to dismiss the Complaint in this action with prejudice.
According to news reports, the prosecutor in the case stated that since Ms. Greywind had the abortion, it was “no longer worth the time or expense to prosecute her.” On April 10, 1992, the child endangerment charge was dismissed.
New Mexico Supreme Court to Hear Oral Arguments in Case Involving Prosecution of Woman Struggling with Addiction During Pregnancy
Leading Physicians, Scientific Researchers, and Medical, Public Health, and Child Welfare Organizations Oppose Treating Pregnant Women Who Give Birth in Spite of a Drug Problem as Felony Child Abusers
"Federal and state drug laws and policies over the past twenty years have had specific devastating, and disparate effects on women, and particularly women of color and low income women." Caught in the Net is a collaboration between the American Civil Liberties Union, Break the Chain: Communities of Color and the War on Drugs, and the Brennan Center at NYU School of Law. Caught in the Net this comprehensive report that compiles and anlyzes existing research with respect to the impact of current drug policies on women, their children, families and communities. NAPW is proud to have participated in the Caught in the Net Conference, with Wyndi Anderson, our National Educator acting as a faciliator for one of the working groups.
By Lynn Paltrow
Several weeks ago, my children and I watched a family movie on the ABC Family Channel, and together we were exposed to the entertaining and fascinating world of drugs, drug money and violence.
Somewhere in the middle of the movie, part of a week long comedy series, the station ran an advertisement sponsored by the Office of National Drug Control Policy (ONDCP). The advertisement offers stark pictures of teenagers talking about how they are really murderers, torturers and terrorists. The ad originally ran during the Super Bowl, costing taxpayers 3.5 million dollars, as part of a publicity campaign linking American youth who have tried illegal drugs with funding for terrorism.
The War on Drugs and the War on Abortion: Some Initial Thoughts on the Connections, Intersections and the Effects
Lynn Paltrow*, 28 Southern University Law Review 201 (2001).