Does being pregnant when you commit a crime make you guiltier than someone who is not pregnant? Vice reports that a group of reproductive rights organizations, led by the National Advocates for Pregnant Women, wrote to the Department of Justice recently to protest the sentence of Lacey Weld of Dandridge, Tennessee. Weld was picked up in an undercover sting at a methamphetamine manufacturing plant. As Kristen Gwynne of Vice writes, “despite her cooperation in the case and testimony against co-defendants, Weld (who pleaded guilty) was sentenced to more than 12 years in prison and five years of supervised release for her involvement in meth manufacturing.” Because of “enhanced sentencing” guidelines, six of those years were tacked on simply because Weld was pregnant at the time.

As the NAPW’s letter states, giving a person an extra-long sentence because of her pregnancy status constitutes “separate and unequal treatment of pregnant women.” The justification offered by the judge in Weld’s case is that Weld is extra guilty because she put her “unborn” child at a “a substantial risk of harm.” But Weld was not convicted of smoking meth. “According to the press release, the DOJ justifies the enhanced penalty in part because Ms. Weld apparently used methamphetamine while pregnant,” writes NAPW in its letter. “Drug use (rather than possession), however, is not a crime under either Tennessee or federal law—and as the press release admits, Ms. Weld was convicted of manufacturing, not possession of, methamphetamine.” Tennessee law allows enhanced sentencing if the victim is especially vulnerable, but Weld was not convicted of victimizing her son. Those six extra years were for a crime that isn’t a crime in Tennessee at all.

This is contemptible.