When pregnant women use substances such as opiates it can have negative effects on the fetus and can even lead to death of the fetus. This paper discusses complications of drug use during pregnancy, and the conditions in which prosecution of pregnant substance abusers should be implemented. Both sides of the debate are discussed, including precedents from different states that give valuable insight on previous laws that prosecuted pregnant women who use drugs. One law mentioned is Tennessee’s Fetal Assault Law, which outlawed the use of drugs during pregnancy, and prosecuted women who did such things. Most of the debate on prosecution depends on whether or not the fetus as view as a human that has natural
