In Briefs, Economic Security, Health

The 2023 Farm Bill presents an opportunity to strengthen food access for kids and parents in families affected by drug-related involvement with the criminal legal system.

Supplemental Nutrition Assistance Program (SNAP): The largest federal nutrition program. Provides monthly benefits to families with low incomes to buy food.

Farm Bill: The main legislation impacting U.S. food systems. Authorizes certain nutrition programs like SNAP,  farm subsidies and supports, and agricultural environmental conservation programs. Renewed about every five years.

Call to Action: Urge your members of Congress to include the Re-Entry Support Through Opportunities for Resources and Essentials (RESTORE) Act in the Farm Bill to ensure that families harmed by the war on drugs have access to SNAP benefits!

Hunger contributes to poor maternal and child health outcomes in the U.S.

A prosperous society depends on everyone having healthy food to live and thrive, especially children and the people who birth and raise them. Due to systemic barriers, however, households with kids particularly families of color–have lower nutrition access. Maternal and child health outcomes are infamously poor in the U.S.1 and hunger is a significant factor. A federal policy allowing states to ban people with felony drug convictions from benefits under the Supplemental Nutrition Assistance Program (SNAP) can compound hunger and health challenges for moms and kids. In this year’s Farm Bill, our lawmakers in Washington, D.C. can advance health and racial equity through SNAP by repealing the harmful policy allowing states to deny food assistance to families in which someone has a felony drug conviction.

Food insecurity and other systemic disparities lead to worse health outcomes for babies and moms of color, especially Black and multiracial people.

Access to food assistance during pregnancy and a child’s early years has lifelong health benefits that promote academic success and economic security over generations. Among pregnant people, improved food security from supports like SNAP are linked to healthier blood pressure;9 a lower risk of gestational diabetes;10 and reduced levels of stress, anxiety and depression.11 Food assistance provides developing fetuses with the nutrients they need for growth, lowering the risk of congenital disabilities, diabetes and coronary heart disease.12 It also promotes initiation and duration of breastfeeding13 and decreases the odds of preterm birth, low birthweight and infant mortality.14 Young children in struggling families benefit from food assistance, with decreased vulnerability to lead poisoning,15 lower rates of anemia,16 fewer serious asthma episodes17 and improved cognitive development.18

All of this leads to greater academic success, better health and self-sufficiency in adulthood. Rather than restricting SNAP access, we should recognize its value in mitigating the larger social costs of the drug trade and substance use disorder in our communities.

Federal SNAP policy makes it hard for families in many states to move forward. Since 1996, federal law has prohibited individuals with felony drug convictions from receiving SNAP benefits. However, states are allowed to partially or fully waive this restriction. In the past, Michigan waived the ban for people with only one felony drug conviction, but those with two or more arising from separate incidents that occurred after August 22, 1996 were barred for life from receiving food assistance. Through a bipartisan vote, Michigan waived the ban completely in 2020. Today, South Carolina still has a full SNAP ban and 21 other states have a partial ban.2

The ban is unfair in that it punishes people long after they serve their sentences and subjects entire families to hunger. It’s also ineffective: recidivism is lower when people returning to their communities have supports like SNAP3 that make survival needs attainable.

The U.S. war on drugs and, by extension, the SNAP ban have disproportionately targeted people of color, especially Black4 and Indigenous people,5 people with disabilities6 and parents.7 These groups are already less food secure because of systemic disparities. Incarceration and denial of food assistance worsen the resulting health concerns.

Because the work of raising children remains skewed toward female parents, the impacts of the war on drugs, including hunger, disproportionately ripple out to moms (whether they have a conviction themselves or are supporting a partner with a conviction) and kids. Women are more likely than men to be incarcerated for a drug-related offense.8 Employment opportunities upon release may be even more severely limited, as many female dominated fields like paid caregiving explicitly exclude workers with a criminal history.

The RESTORE Act offers hope. “Tough on crime” policies like the SNAP ban often cause more harm than the actions they supposedly aim to deter. Eliminating the ban is one of the easiest ways to disrupt this destructive dynamic and improve health, especially for moms and kids.

Bipartisan, bicameral federal legislation to repeal the ban nationwide was introduced in May 2023. The measure, named the Re-Entry Support Through Opportunities for Resources and Essentials (RESTORE) Act, could be incorporated into the Farm Bill or enacted separately. No matter how it’s done, Congress must seize this opportunity to advance public safety, food security and health justice for families, no matter which state they call home. End the state option to deny food assistance to families harmed by the failed war on drugs.

End Notes

1 Taylor, Jamila; Novoa, Cristina; and Hamm, Katie. Center for American Progress. (2019). Eliminating Racial Disparities in Maternal and Infant Mortality: A Comprehensive Policy Blueprint. Accessed September 5, 2023.

2 Center for Law and Social Policy. (April 2022).  No More Double Punishments: Lifting the Ban on SNAP and TANF for People With Prior Felony Drug Convictions. Accessed August 20, 2023.

3 Yang, Crystal S. (2017). Does public assistance reduce recidivism? American Economic Review, 107(5), 551–555. https://doi.org/10.1257/aer.p20171001

4 Taifa, Nkechi. Brennan Center for Social Justice. (May 10, 2021). Race, Mass Incarceration, and the Disastrous War on Drugs. Accessed August 31, 2023.

5 Daniels, Colleen; Aluso, Aggrey; Burke-Shyne, Naomi; Koram, Kojo; Rajagopalan, Suchitra; Robinson, Imani; Shelly, Shaun; Shirley-Beavan, Sam; and Tandon, Tripti. (2021). Decolonizing Drug Policy. Harm Reduction Journal, 18(1). https://doi.org/10.1186/s12954-021-00564-7 

6 Liebowitz, Sarah; Eliasberg, Peter J.; Burnim, Ira A.; and Read, Emily B. ACLU of Southern California and the Bazelon Center for Mental Health Law. (July 2014). A Way Forward: Diverting People with Mental Illness from Inhumane and Expensive Jails into Community-Based Treatment That Works, p. 1. Accessed August 31, 2023.

7 Drug Policy Alliance. (2021). Snapshot: The War on Drugs Meets the Child Welfare System. Accessed August 31, 2023.

8 Kajstura, Aleks and Sawyer, Wendy. Prison Policy Initiative. (2023). Women’s Mass Incarceration: The Whole Pie 2023. Accessed August 31, 2023.

9 Morales, Mary E., Epstein, Michael H., Marable, Danelle E. Oo, Sarah A., and Berkowitz, Seth A. (2016). Food Insecurity and Cardiovascular Health in Pregnant Women: Results From the Food for Families Program, Chelsea, Massachusetts, 2013–2015. Preventing Chronic Disease 13(1): E152. doi:10.5888/pcd13.160212. http://dx.doi.org/10.5888/pcd13.160212 

10 Schulz, Eliza and Taylor, Jamila. Center for American Progress. (2018). The Benefits of Nutrition Assistance for African American Maternal and Infant Health. Accessed September 22, 2023.

11 Laraia, Barbara A.; Gamba, Ryan; Saraiva, Carina; Dove, Melanie. S; Marchi, Kristen; and Braveman, Paula. (2022). Severe maternal hardships are associated with food insecurity among low-income/lower-income women during pregnancy: Results from the 2012–2014 California maternal infant health assessment. BMC Pregnancy and Childbirth, 22(1). https://doi.org/10.1186/s12884-022-04464-x 

12 Ibid.

13 Schmit, Stephanie; Ullrich, Rebecca; Cole, Patricia; and Gebhard, Barbara. Center for Law and Social Policy. (2017). Nutrition Assistance: A Critical Support for Infants, Toddlers, and Families, p. 2. Accessed on September 22, 2023.

14 Schulz, Eliza and Taylor, Jamila. Center for American Progress. (2018). The Benefits of Nutrition Assistance for African American Maternal and Infant Health. Accessed September 22, 2023.

15 Michigan State University Extension. (2016). Fight Lead With Nutrition. Accessed September 22, 2023.

16 Schmit, Stephanie; Ullrich, Rebecca; Cole, Patricia; and Gebhard, Barbara. Center for Law and Social Policy. (2017). Nutrition Assistance: A Critical Support for Infants, Toddlers, and Families, p. 2. Accessed on September 22, 2023.

17 Heflin, Colleen; Arteaga, Irma; Hodges, Leslie; Ndashiyme, Jean Felix; and Rabbitt, Matthew P. (2019).  SNAP benefits and childhood asthma. Social Science and Medicine, 220, 203–211. https://doi.org/10.1016/j.socscimed.2018.11.001

18 Schmit, Stephanie; Ullrich, Rebecca; Cole, Patricia; and Gebhard, Barbara. Center for Law and Social Policy. (2017). Nutrition Assistance: A Critical Support for Infants, Toddlers, and Families, p. 2. Accessed on September 22, 2023.