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At the height of the opiate epidemic, Tennessee lawmakers made it a crime for a pregnant woman to transmit narcotics to a fetus. They promised that charging new mothers with this crime would help them receive the treatment and support they often desperately need. In Prosecuting …
"First the structure of this particular law: Technically speaking, the legislature created this crime, not by creating an entirely new crime but by enacting a law clarifying an existing criminal statute. This is how it worked: Like every other state, Tennessee makes assault a cr…