(Frankfort, Ky.) - Kentucky’s Supreme Court made a controversial ruling Thursday regarding pregnant mothers who use drugs.

The justices ruled 5-2 that mothers cannot be charged criminally for drug or alcohol use during their pregnancies.

The majority cited the Maternal Health Act of 1992, which does not make provisions for such charges.  The justices wrote that such charges could discourage mothers-to-be from seeking the proper pre-natal care.

The case centered around Ina Cochran, a Casey County woman who gave birth to a child in 2005 which tested positive for cocaine.