Louisiana Senate moves to classify some abortion pills as ‘controlled dangerous substances’

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Louisiana is moving forward with legislation that would classify the abortion pills mifepristone and misoprostol as controlled dangerous substances, threatening to criminalize those who possess the medication without a prescription.

Lawmakers in the state added the measure as a last-minute amendment to another Senate bill, which criminalizes “coerced criminal abortion,” in which someone gives a pregnant woman abortion pills without her consent. A pregnant woman who gets the two drugs “for her own consumption” would not face criminal charges.

The move comes as the Supreme Court is set to rule on a case regarding access to mifepristone and misoprostol. It is the high court’s largest case regarding abortion since Roe. v. Wade was overturned.

Abortion is already illegal in Louisiana, both via medicine and surgeries, and it is only available in very rare cases. Under the new legislation, someone who commits this crime could be subject to 10 years in prison and a $75,000 fine.

If passed and signed into law by the governor, mifepristone and misoprostol would be under the state’s Uniform Controlled Dangerous Substances Act, which includes narcotics and steroids. Misoprostol is also used to soften the cervix during labor, for biopsies for cancer, and to place IUDs. More than 240 doctors across the state wrote their fears regarding the classification to the bill’s co-sponsor, Republican state Sen. Thomas Pressly.

“Adding a safe, medically indicated drug for miscarriage management … creates the false perception that these are dangerous drugs that require additional regulation,” the letter reads. “Given its historically poor maternal health outcomes, Louisiana should prioritize safe and evidence-based care for pregnant women.”

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Pressly said he sponsored the legislation to “control the rampant illegal distribution of abortion-inducing drugs” which he said “is frequently abused and is a risk to the health of citizens.”

The bill now heads to the Louisiana House, where it is expected to pass.

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