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Arizona Officials Will No Longer Pursue Cases Involving Prenatal Cannabis Exposure


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Arizona state officials will no longer take punitive actions against people who consume medical cannabis during their pregnancies.

The decision, announced by the Arizona Department of Child Safety, comes nearly one year after the state Supreme Court declined to reverse a lower court decision determining that the physician-authorized use of medical cannabis by a pregnant woman does not legally constitute neglect under state law.

Following the court’s decision, lawyers for the Child Safety Agency acknowledged that they do not possess the legal authority to investigate cases involving prenatal cannabis exposure unless there are explicit allegations of child neglect.

The new DCS policy takes effect in January.

Studies have consistently shown that Black and Hispanic pregnant people and their newborns are disproportionately ordered to undergo drug testing during the labor and delivery process. In certain states, like Alabama and Oklahoma, those who consume cannabis during pregnancy frequently face criminal prosecution, even in instances where a doctor authorized their use.

Data assessing the relationship between in-utero cannabis exposure and various neonatal outcomes, such as birth weight, is inconsistent, NORML reported. However, longitudinal data indicates that cannabis exposure is rarely independently linked with adverse neurodevelopmental consequences, finding, “Although there is a theoretical potential for cannabis to interfere with neurodevelopment, human data drawn from four prospective cohorts have not identified any long-term or long lasting meaningful differences between children exposed in utero to cannabis and those not.”

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Arizona legalized marijuana for recreational use in November 2020. The law allows adults aged 21+ to purchase, possess and use cannabis. State-licensed cannabis dispensaries began selling recreational marijuana in early 2021. There are over 150 dispensaries in Arizona — a majority of them are in populous areas such as Phoenix, Tucson and Flagstaff. Recreational cannabis delivery services began operating in 2024.  


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