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The criminalization of pregnant women that are suffering from substance abuse is the primary reason that women fail to enter treatment during pregnancy and neglect their prenatal care Women who suffer from alcoholism and/or addiction, which are both classified as diseases by the American Medical Association, are often found to be guilty of criminal behavior. Women are at highest risk for developing a substance use disorder during their reproductive years, 18–44, especially ages 18–29. This means that women who are pregnant or soon to become pregnant are at increased risk for substance abuse. Unfortunately, the number of pregnant women who receive treatment for substance abuse is shockingly low. The purpose of this paper is to examine how criminalizing pregnant women, due to their substance abuse, can cause barriers to treatment. Several theories will be examined including the labeling theory, medicalization theory and social constructionism. Society develop must develop a national consensus on how to deal with maternal prenatal drug use that does justice to the state-of-the-art knowledge in research and treatment and demonstrates a fair and unbiased attitude towards these women and their children.