HONOLULU -- Prosecutors are considering charging a Kailua woman with manslaughter or even murder after the woman's 2-day-old baby died from an overdose of crystal methamphetamine. The prosecution would be the first of its kind in Hawaii.

The medical examiner said Treyson Aiwohi tested positive for methamphetamine when he was born in 2001, but his mother was allowed to take him home. He may have ingested more of the deadly drug from his mother's breast milk.

"Obviously this is one of the cases where a child has fallen through the cracks," House Human Services chairman Rep. Dennis Arakaki said. The medical examiner said Aiwohi's mother was eight months pregnant on July 15, two years ago, when she arrived at Kaiser Permanente to give birth. She admitted prior drug use, but told doctors she hadn't used drugs at all during her pregnancy. Treyson was 5 pounds when he was born, generally healthy, except his positive test for methamphetamine. Despite that, for some reason, doctors let the infant's mother take him out of the hospital and home just 24 hours after he was born.

"Obviously, they found crystal meth in the baby's system. I think they should have reported that. I think they'd be required to report that," Arakaki said.

Aiwohi's short life ended during his first day at home while in bed, between his sleeping parents. The medical examiner said his mom later admitted she'd used crystal methamphetamine just before being admitted and soon after leaving the hospital. She claimed she last saw Aiwohi alive when she breast-fed him against doctors orders 4.5 hours before he died.

An obituary didn't mention the cause of death and shows Aiwohi had two older brothers and two sisters.

KITV 4 News confirmed late Tuesday afternoon that the state Child Protective Services and Family Court were involved with the family, but it's not clear when.

The agency said privacy rules means it can't say whether it took any action.

Kaiser Hospital has also not explained why Aiwohi and the baby were allowed to leave despite the positive blood test. The medical examiner called the case a homicide.

Prosecutors face major hurdles in the case. One big legal issue is when was the toxic dose of drug delivered, before or after birth? Mothers of crystal methamphetamine babies are not prosecuted now because the law is not clear whether an unborn baby is a person.

There is also the mother's state of mind. Did she intend to kill or harm the baby? That is a key element in criminal charges.

There is also a practical issue. Some say if you aggressively prosecute mothers with drug problems they will go underground and avoid the medical care that their babies need.