The Politics of Cannabis in America

Cannabis is still illegal under federal law, but CARA requires states to address the needs of newborns who were exposed to substances in utero. Even though you can't test a pregnant person for drugs without their consent, babies can be tested. If a baby tests positive for a substance, then whatever state's policy around that substance use and pregnancy gets applied. Hospitals get to make their own policies about whether they test newborns for drugs. But states make the policies about what hospitals have to do with that information once they get it.