Louisiana Lawmakers Approve Bill to Classify Abortion Inducing Medications as Controlled Substances

In a controversial move, Louisiana lawmakers have passed a bill that would label two commonly used abortion inducing medications as controlled dangerous substances. The bill would make the possession of these drugs without a valid prescription a crime punishable by fines, jail time, or both.

The medications, mifepristone and misoprostol, would be added to Schedule IV of the state's Uniform Controlled Dangerous Substances Law. This move has garnered support from anti-abortion groups, while medical professionals and reproductive rights advocates have expressed alarm.

Abortion, both medical and surgical, is already illegal in Louisiana, except in very limited circumstances. Therefore, it is currently illegal to prescribe the medications for terminating a pregnancy. However, medication abortions accounted for 63% of all abortions in 2023, according to the Guttmacher Institute.

The bill received a 64-29 vote in the state's GOP-controlled House of Representatives and will now move back to the Senate for approval. If passed, it will then be sent to the governor for signing into law. Under the proposed legislation, possessing these medications without a valid prescription or medical professional's order could result in up to five years of imprisonment.

It is important to note that pregnant individuals who obtain these medications for their own consumption would not be subject to prosecution.

Medical professionals have voiced their concerns, highlighting that these medications have critical uses beyond abortion care. They are also utilized in aiding labor and delivery, treating miscarriages, and preventing gastrointestinal ulcers. Adding these medications to the controlled substances list could hinder their availability for these medical purposes.

Schedule IV substances include narcotics, depressants such as Xanax and Valium, muscle relaxants, sleep aids, and stimulants used for ADHD and weight loss.

Furthermore, the bill, known as Senate Bill 276, would also criminalize "coerced criminal abortion by means of fraud," which would make it illegal to cause or attempt to cause an abortion without the pregnant person's consent. The penalties for this offense could range from 10 to 20 years in prison.

The personal motivations behind this bill stem from Republican state Senator Thomas Pressly's sister, Catherine Herring, who experienced the horrifying ordeal of her estranged husband slipping abortion medication into her drinks. However, doctors and reproductive rights advocates are cautioning against the categorization of these medications as controlled substances, stressing the lack of scientific basis for such a move.

If this bill becomes law, Louisiana would be the only state to classify these medications as controlled dangerous substances. The medical community argues that this reclassification creates a false perception that these drugs are dangerous and require stricter regulation.

As the bill undergoes further review and consideration, doctors and advocates are urging Louisiana to prioritize evidence-based care for pregnant people, given the state's historically poor maternal health outcomes.

The passage of the bill has faced opposition from Democratic representative Mandie Landry, who attempted to recommit the bill to the legislature's Health and Welfare Committee. She argued that categorizing the medications as controlled substances would impose storage requirements that may impede rural clinics' ability to access and provide these drugs to patients. However, her motion was ultimately voted down, 66-30.

Representative Julie Emerson, the Republican who introduced the bill for the House vote, clarified that the amendment does not prohibit doctors from prescribing or administering these medications. She assured that people would still be able to pick up and use this medication under suitable circumstances.

It remains to be seen how this bill will ultimately impact the availability and use of mifepristone and misoprostol in Louisiana. The debate surrounding this legislation further reflects the ongoing battle over reproductive rights in the United States.