A pregnant 21-year-old woman in Montana has been charged with child endangerment in her first 12 weeks of pregnancy after recording her third felony in a year and failing a drug test. Reproductive rights organizations have come to Casey Gloria Allen’s defense saying that at 12 weeks she is still eligible for an abortion and may not have known she was pregnant in the first place.

All three of Allen’s separate felony drug charges have occurred since last September, including her first charge of felony theft and felony criminal possession of methamphetamine, second for obstructing justice, and her third arrest for felony possession of opiates and hash oil.

“The reality for some of these women is the need for drugs is stronger than any maternal instinct they have,” Ravalli County deputy attorney Thorin Geist told the Ravalli Republic. On Aug. 26 Allen’s urine test came back positive for benzodiazapines, THC, and opiates. Reproductive rights activists in Montana have questioned how the court found out Allen was pregnant in the first place and whether she consented to either a drug or pregnancy test.

“How did the court system know she was pregnant?” Montana activists Lynsey Bourke and Emily Likins said in a press release. “Dating a pregnancy is very specific, so Allen either told them, the state dated the pregnancy for her, or her doctor reported her to the department of health and human services. If we want pregnant women to obtain prenatal care and drug-treatment therapies, they have to trust that a trip to the doctor won’t end with the police at her doorstep.”

Following her most recent court appearance this past Wednesday, Allen is currently awaiting trial for her obstructing justice charge on Sept. 8. Ravalli County Justice of the Peace Jim Bailey has set her bail at $100,000 with the condition that she submit a drug test before being released.