By Staff Reporter |

Gov. Katie Hobbs rejected legislation that would have imposed an accountability-based intervention system for expectant mothers who abuse substances.

Arizona does not currently punish expectant mothers for drinking alcohol or using drugs.

Lawmakers who passed the bill, SB 1476, said it would have protected children from the harmful consequences of mothers who drink alcohol or use drugs while pregnant. 

The bill would have classified those adverse behaviors as child neglect, a class six felony. Expectant mothers would then have several options before them: face legal consequences, or undergo alcohol or drug treatment.

Class six felonies may be modified as class one misdemeanors. This felony level is considered the least severe; punishments can range from probation or prison time from four months to nearly six years, depending on the total number of past felonies and the severity of the offense.

Hobbs dismissed the approach of the bill in her veto letter, arguing that punishments wouldn’t deter mothers from abusing substances while pregnant. 

“Further criminalization will not yield safer pregnancies and births in Arizona,” said Hobbs. “I instead invite you to join me in efforts to expand access to substance use treatment.” 

Sen. Shawnna Bolick (R-LD2), sponsor to SB 1476, said in a press release announcing the bill’s passage earlier this month that the legislation would enable the justice system to intervene on the child’s behalf and get the mother into drug or alcohol recovery programs. 

“Every child deserves a safe and healthy start in life,” said Bolick. “When substance abuse harms a child before they’re even born, the law should recognize that reality while also encouraging mothers to seek treatment and recovery. This bill strikes an appropriate balance between accountability and compassion, with both the mother’s and child’s well-being remaining the top priority.”

The latest data cited by the Centers for Disease Control (CDC) reported that, on average, about six out of every 1,000 newborns in the hospital are diagnosed with neonatal abstinence syndrome (NAS), the clinical term for babies born with drug dependence. Per the CDC, NAS increased by over 80% from 2010 to 2017. 

Arizona has one of the highest NAS rates in the nation. Out of every 1,000 hospitalizations of newborns, nine are diagnosed with NAS. NAS diagnoses have steadily increased in the state since 2009. 

The latest reporting from the Arizona Health Care Cost Containment System (AHCCCS) stated that 97% of babies diagnosed with NAS, Substance Exposed Newborns (SEN), or Neonatal Opioid Withdrawal Syndrome (NOWS) received treatment services within 30 days of birth in the 2025 fiscal year. 

During her first year in office, Hobbs vetoed legislation that would have required infants born alive during an abortion to receive medical interventions to preserve their life and health. 

The governor said the bill impermissibly interfered with the relationship between the woman and her doctor, and a breach of her campaign promise to kill any bill perceived as interfering with abortion rights. 

“It’s simply not the state’s role to make such difficult medical decisions for patients,” said Hobbs.

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