How Cannabis Laws Are Still Devastating Families

Nearly 50 years ago, in the summer of 1966, Santa Barbara Municipal Court Judge Frank P. Kearney offered 21-year-old Nancy Hernandez of West Virginia an Orwellian choice.

Arrested on a misdemeanour charge, Hernandez had two options: either a six-month jail term, or probation and permanent reproductive sterilization.

Hernandez's offence was, bizarrely, unrelated to her skills as a parent. The charge on which she was found guilty? Being in a room where marijuana was present. According to Rebecca M. Luchin's book, "Fit to Be Tied: Sterilization and Reproductive Rights in America, 1950-1980," Hernandez had split with her ex - with whom she had a daughter - and was living with her boyfriend, a marijuana dealer named Joseph Sanchez. Hernandez was in the same room as Sanchez's stash when police raided the apartment, which resulted in the charge and ensuing, nightmarish sentence.

Hernandez should have been prohibited from giving...

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