Jailing is not the answer, no, but throwing in "[m]arijuana may not even harm fetuses" is not the kind of message we want to be sending. One of my professors is a leading expert in cannabis research in Canada, and he is currently studying the effects of cannabis on fetal development in rats. They and previous studies are finding/have found increased anxiety and decreased cognition and sociability in rat pups exposed in utero, with worse effects in females than males. Other studies have found some physical deformations I believe, but I'm not so familiar with their research. My professor is studying this specifically because of the extent of its use in pregnancy and his concern with the long-term and large-scale effects of this. Cannabis is a drug and should not be used – without exception – in pregnancy until its safety and efficacy is established. I sympathise with women in a tough situation, but it's simply not fair to the children. I just think throwing in these kinds of phrases is dismissive of rational concerns, even if the responses to these concerns are irrational.

Does South Carolina have a method to distinguish illegal marijuana metabolites from totally legal hemp metabolites? If not, how can the state prove their case beyond a reasonable doubt?

If you read the notes from the National Institute of Health that I linked below, they say they recommend women abstain during pregnancy.

"Within the literature there is an overall lack of good-quality research on cannabis use in pregnancy and postpartum. For obvious reasons, there are no randomized controlled trials on cannabis use in pregnancy."

In all of the three major studies, the women used alcohol as well as cannabis. "pregnant women who use cannabis are more likely to be underweight, have less education, and have a lower household income, and are less likely to take folic acid, compared with nonusers."

In 2019, 7% of pregnant women admitted to using cannabis within the last month. The actual number is probably higher.

CDC: https://www.cdc.gov/marijuana/health-effects/pregnancy.html

NIH: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7021337

"In utero exposure to cannabis has been associated with long-term neurodevelopmental outcomes that persist into young adulthood. Pregnant women should be counseled regarding these risks and encouraged to abstain from use." But without studies with control groups who don't use alcohol and other drugs you could not conclude that the findings are caused by cannabis.

If 10% of pregnant women are using cannabis, some to treat nausea, and the CDC and NIH just recommend that pregnant women abstain, but don't use stronger language or have scientific proof of harm, then I don't think women should lose their freedom for cannabis use. People should have the right to choose. Having a mother live in jail or prison isn't good for the fetus's health. Fighting and poor nutrition and lack of access to health care will all effect the fetus.

Sad to see people advocating for jailing pregnant women because they used cannabis.