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METH Awareness And Prevention Project of South Dakota |
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On
September 21, the California Fourth District Court of Appeal reversed a murder
conviction against a Mead Valley woman whose 3-month-old son died after
ingesting methamphetamine-laced breast milk. It instructed the trial court to
reverse a second-degree murder conviction against the mother because ‘felony
child endangerment is not an inherently dangerous felony’. In other words,
putting a child at risk is not necessarily an act that results in death. The
Court of Appeal did uphold the woman’s conviction and current ten-year prison
sentence on a felony child endangerment charge. She could face retrial on the
murder charge based on a so-called implied malice theory – did the woman, a
methamphetamine dealer and user, knew that she could kill her son by
breast-feeding him? Related information: The California Office of Environmental Health Hazard Assessment (www.OEHHA.CA.Gov) and the California Department of Toxic Substances Control (www.DTSC.CA.Gov) include this warning in published materials about Meth: ‘Special Concerns for Children: Meth-base is volatile and may pose an inhalation hazard. Children may inhale relatively larger amounts of vapors due to their faster respiratory rates and greater lung size to body weight ratio. Meth-HCl found on surfaces may be absorbed through the skin or inhaled as solid “dust” particles in the air. Long-term use of stimulants in children can cause growth suppression. Methamphetamine passes into breast milk and can be detected in a breast-fed infant’s urine.’ (Emphasis added) According to drugs.com, a website of prescription drug information for consumers & professionals, even Meth prescribed for medical reasons, like attention deficit disorder with hyperactivity, poses risks for breastfed infants, “Methamphetamine passes into breast milk and may affect a nursing baby. Do not take methamphetamine without first talking to your doctor if you are breast-feeding a baby.” (Emphasis added)
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