The 7th Court of Appeals has reversed the convictions obtained against pregnant women who had a controlled substance in their system. Rather than focus on whether the fetus was an individual (as defined in the Penal Code but not in the Health & Safety Code for DCS), the court held that the definition of "deliver" doesn't include transfer of drugs from the mother to fetus through umbilical cord. To read the opinion, click on this link.

To read a prior thread on this issue, click on this link.