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Bill

SB 2002

Substance-impacted perinatal women; granting certain immunity from prosecution; authorizing certain action by district attorney. Effective date.

2026 Regular Session Introduced by Jo Anna Dossett

Oklahoma bill grants pregnant women and new mothers immunity from prosecution for substance use detected through newborn drug tests, while authorizing district attorney involvement in perinatal substance cases.

Second Reading referred to Judiciary
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Bill Summary · SB 2002

Legislative bill overview

SB 2002 grants immunity from prosecution to pregnant women and new mothers whose substance use results in positive drug tests or withdrawal symptoms in their newborns. The bill also authorizes district attorneys to take action related to substance-impacted perinatal women, though specific prosecutorial discretion parameters would be defined in the bill's language.

Why is this important

Substance use disorder during pregnancy is a public health issue affecting maternal and infant outcomes. Current law in some jurisdictions treats positive newborn drug screens as evidence of child abuse or neglect, which can result in criminal charges, incarceration, or loss of custody. This bill would shift policy toward potential treatment-focused approaches rather than criminalization for pregnant individuals.

Potential points of contention

  • Scope of immunity: Whether immunity applies only to drug possession/use charges or extends to other offenses, and whether it applies retroactively to past convictions
  • District attorney discretion: Unclear what specific actions district attorneys are "authorized" to take—this could enable either protective interventions or continued prosecutorial pressure depending on interpretation
  • Child safety framework: Disagreement over whether immunity protections adequately balance maternal health with child protective services' ability to intervene in cases of serious harm or neglect

Compiled from official sources — confirm details with the bill’s official record.

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