Though we have an increasing understanding of substance use additionally being a mental health issue, the punitive approaches of the “war on drugs” are now being wielded against pregnant people in the name of protecting fetuses. These are failed policies. Tennessee allowed its law that specifically criminalized drug use during pregnancy to lapse. This misguided law delivered worse health outcomes for women and infants. In Alabama, which is responsible for an inordinate number of pregnancy-related arrests, the Maternal Mortality Review Committee recommended “[decreasing] criminalization measures against pregnant women with substance use disorder” and to increase access to substance-use treatment programs for pregnant women.