Louisiana law classifying mifepristone, misoprostol as controlled substances

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Louisiana health care workers and advocates filed a lawsuit Thursday challenging a state law that reclassifies two key drugs used in medication abortions—mifepristone and misoprostol—as controlled substances. The lawsuit seeks to block the enforcement of Act 246, which classifies these medications as Schedule IV controlled substances, a category typically reserved for drugs with a low risk of abuse, like Xanax and Valium.

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Background of the Law and Lawsuit 

Passed in May and effective since October 1, Louisiana became the first state to classify mifepristone and misoprostol as controlled substances. These drugs are commonly used for medication abortions, but also serve other critical medical purposes, such as treating miscarriage, postpartum hemorrhaging, and conditions like Cushing’s syndrome and gastric ulcers.

The lawsuit, filed in Louisiana’s 19th Judicial District Court, argues that this classification unnecessarily restricts access to these medications, particularly for patients in urgent need of treatment for life-threatening conditions like postpartum hemorrhaging. According to the plaintiffs, misoprostol is sometimes the only available option for treating severe postpartum bleeding, a condition as dangerous as a gunshot wound, leading to rapid blood loss.

Impact on Health Care and Access 

While the law may have little impact on abortion access (since abortion is almost entirely banned in Louisiana following the 2022 overturning of Roe v. Wade), the plaintiffs argue that it complicates access to critical medications for other medical needs. Louisiana doctors must now hold a special license to prescribe controlled substances, and prescriptions for mifepristone and misoprostol are tightly regulated by the state, tracking both patients and the pharmacies that dispense them.

Though both drugs are still available in hospitals for treating miscarriage and postpartum hemorrhaging, they must be securely stored in locked facilities. Under the law, anyone caught with these medications without a prescription can face fines of up to $5,000 or up to five years in prison.

Concerns About Health Disparities 

One of the plaintiffs, the Birthmark Doula Collective, emphasized that restricting access to these medications worsens health disparities, particularly for Black women who face higher rates of maternal complications. The group argues that limiting access to such essential medications could exacerbate maternal mortality, particularly in Louisiana, which has one of the highest maternal death rates in the country.

The lawsuit also challenges the process by which Act 246 was passed, claiming lawmakers did not follow the state’s constitutional procedures for legislation.

Next Steps 

As of now, the Louisiana Department of Health has not responded to the lawsuit. The plaintiffs are seeking an injunction to prevent the law from being enforced while the case is considered.