CASE UPDATE: NAPW Files Renewed Motion to Dismiss in Lauderdale County, AL Based on Unprecedented and Unconstitutional Theory Regarding Pregnancy, Chronic Pain, and Prescription Drug Use

CASE UPDATE: NAPW Files Renewed Motion to Dismiss in Lauderdale County, AL Based on Unprecedented and Unconstitutional Theory Regarding Pregnancy, Chronic Pain, and Prescription Drug Use

NAPW has filed a renewed Motion to Dismiss (MTD) on behalf of our client Kim Blalock, an Alabama mother who was charged with prescription fraud for taking medication prescribed by her physician to manage chronic back pain while pregnant. We recently won a motion seeking more information from the prosecutor, requiring them to detail Ms. Blalock’s alleged wrongdoing. The MTD is based on new information provided by the prosecution.

The additional information the prosecutor was required to provide still fails to show that Ms. Blalock committed fraud, deceit, misrepresentation, or subterfuge; that she altered a prescription or written order; or that she concealed a material fact, used a false name, or gave a false address. The prosecution fails to assert that she knew, or had any way of knowing, that her pregnancy was a “material fact” that would somehow render her ineligible to continue her pain medication.

NAPW will continue to challenge this unprecedented expansion of Alabama’s unlawful possession statute, the first such prosecution we are aware of in the country.

For more information on the case:

Read our post from March 23, 2021: NAPW Moves to Dismiss Indictment in Lauderdale County, AL Based on Unprecedented and Unconstitutional Theory Regarding Pregnancy, Chronic Pain, and Prescription Drug Use

Read and download the renewed Motion to Dismiss

Read the AL.com article published on Jun 21, 2021: "Alabama mom faces felony for filling doctor’s prescription while pregnant"