The criminalizing of abortion pills

In this week’s email:

The new illegal drug on these Louisiana streets: abortion pills

Louisiana Republicans have pushed forward a pioneering bill that could criminalize the possession of abortion pills without a prescription in the state. The bill, passed by the state Senate with a 29-7 vote, is awaiting Republican Governor Jeff Landry's signature.

Governor Landry, known for his anti-abortion stance, hinted at his support for the bill in a recent social media post, referencing criticism from Vice President Kamala Harris.

If signed into law, the bill will classify mifepristone and misoprostol as Schedule IV controlled substances, subjecting their possession without a prescription to legal repercussions, including fines and imprisonment. Pregnant women using these pills for personal consumption would be exempt from prosecution, but anyone assisting them in obtaining the pills could face legal consequences.

Supporters argue that the bill aims to ensure physician oversight in the use of abortion drugs. However, opponents, including abortion rights advocates and many healthcare professionals, express concerns about the potential chilling effect on abortion access and the added complexity for prescribers and pharmacists.

Although abortion is severely restricted in Louisiana, with exceptions made only for cases endangering the mother's life or in instances of "medically futile" pregnancies, women can still procure abortion pills through mail-order services based in states with more liberal abortion laws.

If enacted, the bill would impede practices like "advance provision," where women acquire the pills in advance of needing them, a practice increasingly adopted in states with restrictive abortion laws.

While the federal government does not classify these drugs as controlled substances and they are FDA-approved, anti-abortion advocates argue against their safety, a stance recently presented at the Supreme Court.

Hundreds of healthcare providers in Louisiana have voiced opposition to the legislation, citing concerns about its potential impact on maternal health in a state with high maternal mortality rates.

The bill's origin stems from the personal experience of its sponsor, Senator Thomas Pressly, who was moved to action after his sister fell victim to a crime involving misoprostol.

Originally addressing coerced criminal abortion, the bill was later amended, with input from anti-abortion groups, to include the classification of the drugs as controlled substances.

State Attorney General Liz Murrill clarified that the legislation does not prohibit the legal prescription and dispensation of these drugs in Louisiana but aims to curb their illicit distribution within the state.

The law reflects broader restrictions on abortion in Louisiana, where both medication and surgical abortions are prohibited except in cases to save the mother's life or when the pregnancy is deemed medically futile.

“Hey man, you got any abortion pills?”