COLBERT COUNTY, AL (WAFF) -
Back in 2009, Franklin County mother, Amanda Kimbrough, admitted to using meth while pregnant and her baby died just minutes after birth.
She was convicted of chemical endangerment and the law was so new at the time, it was the first time Sheffield Police ever used it to charge someone.
Her case is now waiting for review from the Alabama Supreme Court, and her attorney said the law needs to be challenged.
When you look at the wording of the law, Section 26-15-3.2 states "chemical endangerment is exposing a child to an environment in which controlled substances are produced or distributed."
Critics like Kimbrough's attorney, Brian White, argue that the law does not say exposing an unborn child.
"When you apply that law to a woman that's pregnant without the law as written, she loses her rights and where does that stop?" asked White.
He is helping Kimbrough appeal her case and fight it.
The case has even garnered support from the American Civil Liberties Union and National Advocates for Pregnant Women.
All believe the law is turning pregnant women into criminals instead of into women who need help.
"The law doesn't discriminate against mothers who use medication for real medical conditions while pregnant and those abusing drugs. We're not saying give these people an award for being mother of the year; we're saying there are ways to deal with this that don't take the child and the mother away from each other by sending the mother to jail," added White.
He pointed out a negative solution some mothers may resort to.
"Stay home or get an abortion for fear that your doctor will turn to you, call DHR and that DHR will call the prosecutor as opposed to, 'how can we help you?'" said White.
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Amanda Kimbrough was convicted of chemical endangerment after her baby died shortly after birth.
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