Mallory Loyola from Tennessee was arrested last week under new laws that make it illegal to take drugs while pregnant.
MOTHER GIVES BIRTH TO BABY BOY USING DEAD FIANCE'S SPERM
Both the 26-year-old and her newborn daughter tested positive for methamphetamine, with Loyola admitting she smoked the drug just days before she gave birth.
Officials are hoping that the new laws will stop women abusing drugs during their pregnancy, but opposers say it will only prevent troubled women from seeking prenatal care - which will put their children at risk.
SHOULD PREGNANT DRUG ADDICTS BE PROSECUTED?
The drug assault charge is punishable by up to a year in prison, and they can also have access to a treatment programme to get them off the drug.
However Thomas Castelli, legal director of the ACLU Tennessee, said the new law would 'single out' new mothers who are addicted to drugs.
'By focusing on punishing women rather than promoting healthy pregnancies, the state is only deterring women struggling with alcohol or drug dependency from seeking the pre-natal care they need.'
Tennessee Governor Bill Haslam also slammed the bill, stating that they shouldn't be criminalising addition, but should be creating environments that help women who are already ashamed of their actions.