Is it illegal to smoke tobacco during pregnancy?

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Is it illegal to smoke tobacco during pregnancy?

Is it considered child abuse to do so?

Asked on December 9, 2012 under Criminal Law, Georgia

Answers:

David West / West & Corvelli

Answered 8 years ago | Contributor

No it is not illegal to smoke tobacco during pregnancy.  While it certainly may not be medically advisable as it can lead to complications and hazards for both you and the baby - and ugly looks from disapproving members of the public, you are not violating any law in Georgia by doing so.  Having said that, this doesn't mean that you couldn't piss off the wrong person and they try to get you arrested. 

If you are under the supervision of a probation officer or are already being supervised or watched by DFACS, these agencies are notorious for often taking aggressive approaches to what they see as negative parenting choices.  They could try to get a judge to find you to be violating your probation or doing something that is harmful to your children and try to use it against you. 

If you are not in this situation then most likely you have nothing to fear.  So if that cop pulls you over 7 months pregnant and you have a cigar in your mouth, they may look at you funny or even say something about it - but they cannot arrest you for lighting up.

Hope this helps.

David S. West

Senior Partner

David West & Associates

www.westdefense.com

 

David West / David West & Associates

Answered 8 years ago | Contributor

No it is not illegal to smoke tobacco during pregnancy.  While it certainly may not be medically advisable as it can lead to complications and hazards for both you and the baby - and ugly looks from disapproving members of the public, you are not violating any law in Georgia by doing so.  Having said that, this doesn't mean that you couldn't piss off the wrong person and they try to get you arrested. 

If you are under the supervision of a probation officer or are already being supervised or watched by DFACS, these agencies are notorious for often taking aggressive approaches to what they see as negative parenting choices.  They could try to get a judge to find you to be violating your probation or doing something that is harmful to your children and try to use it against you. 

If you are not in this situation then most likely you have nothing to fear.  So if that cop pulls you over 7 months pregnant and you have a cigar in your mouth, they may look at you funny or even say something about it - but they cannot arrest you for lighting up.

Hope this helps.

David S. West

Senior Partner

David West & Associates

www.westdefense.com

 


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