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Subject:
From:
Phyllis Adamson IBCLC <[log in to unmask]>
Reply To:
Lactation Information and Discussion <[log in to unmask]>
Date:
Fri, 25 Jan 2013 11:13:06 -0700
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The hospital I used to work at also took a "zero tolerance" position on marijuana and other illegal substances under stated conditions including +UDS for mother, or +MDS for baby, or admitted use after 20 weeks' gestation, and other parameters I can't remember at the moment.

"Medical" marijuana is legal by a referendum vote in Arizona now, but I expect a Fed challenge to these various state laws eventually. The fact is, it is still illegal for minors and babies to consume these substances.

As my hospital was reviewing the policy for revision, we noted the AZ Rev Statutes has segments related to the "administration" of an illegal substance, and the "administration" of a "dangerous" substance to a child.
Such an action was classified as a Class 2 Felony! Our legal dept took that to mean expressed milk that potentially could have some content of an illegal substance.

My hospital was not in a position to test pumped milk, but they did/do have a donor milk program. So those infants who are most fragile and could not be given mom's milk could be put on donor milk until such a time as they were able to tolerate formula or were discharged, whichever came first. After that, it was between mom and CPS if that agency was involved.
Whether CPS got involved depended on the policies / procedures in place for the hospital's Social Worker.

The "grapevine" says there were 3 civil suits filed in Arizona courts in recent years related to administration of milk to babies by hospital staff in such situations.  I have NOT been able to confirm or refute the "grapevine" reports. 
The hospital policy where I worked was a CYA first for the baby and second for the hospital and its staff.
The hospital had to deal with the law as written. 
That law trumped any research on how marijuana may or may not affect the infant at any time in its life.

Phyllis

--
Phyllis Adamson, BA, IBCLC, RLC
Glendale, AZ.
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