Ohio Supreme Court: Presence of drugs in body doesn't equal possession

The state’s highest court found that a woman can’t be charged with possession of drugs in Seneca County just because she and her newborn had drugs in their systems.

The Ohio Supreme Court took up the case after Kelly Foreman appealed her conviction on felony drug possession charges, which he was charged with after giving birth in March 2018.

According to court documents, the baby “exhibited symptoms of neonatal-abstinence syndrome” and urine and umbilical cord tissue tests showed the presence of cocaine.

While Foreman admitted to using drugs while pregnant, she said she hadn’t used any drugs in her Seneca County home, and court records showed she was not “in actual or constructive control of any drugs in Seneca County.”

Read more: https://ohiocapitaljournal.com/2021/10/01/supreme-court-presence-of-drugs-in-body-doesnt-equal-possession/