Source: NBC News
Publication Date: November 1, 2024
Citation/Reference: ACMT Position Statement: Mifepristone and Misoprostol are Not “Controlled Dangerous Substances”
Keywords/Topics: Psilocybin, Edibles, Mushrooms, Gummies

New lawsuit challenges Louisiana's classification of abortion pills as 'controlled substances'

By Aria Bendix
November 1, 2024

A group of Louisiana health care providers and reproductive rights advocates are suing the state over a new law that classifies abortion pills as controlled dangerous substances.

The law went into effect a month ago and puts mifepristone and misoprostol — the two pills involved in a medication abortion — on Louisiana’s list of “Schedule IV” drugs. The category also includes certain stimulants, sedatives and opioids.

It’s the first time a state has classified abortion pills as controlled substances. 

In Louisiana, abortion is largely banned, so the law has not had a major impact on abortion access. However, abortions are allowed in some exceptional circumstances, and doctors often prescribe mifepristone and misoprostol off-label to manage a miscarriage. Misoprostol on its own is approved, as well, to prevent stomach ulcers.

In Louisiana, classifying the medications as Schedule IV drugs means that doctors must have a special license to prescribe them and hospitals are required to store the pills in a secure location, according to Allison Zimmer, an attorney representing the plaintiffs. Anyone who possesses the medications without a prescription could face a fine of up to $5,000 and up to five years in jail. (The law includes a broad exception, however, for pregnant women who possess the medications for their own consumption.)

The new lawsuit, filed Thursday, alleges that the law could create barriers for health care workers who need to administer mifepristone and misoprostol quickly in an emergency, thereby delaying patients’ access to the pills and creating a risk of harm. The complaint also says the law discriminates against people who need the medications, since patients with similarly severe medical needs aren’t subject to the same delays if they need other drugs. It seeks to prevent the law from being enforced.

“What it will do is just make it more dangerous to be pregnant or to have a variety of physical conditions,” Zimmer said.

The plaintiffs include a doctor, pharmacist, two reproductive rights advocates and the Birthmark Doula Collective — a doula practice that advocates for pregnant people in Louisiana. It names the state, the attorney general, the board of pharmacy and the board of medical examiners as defendants.

“The law is supposed to prevent misuse of the medications, but the real aim is to make abortion harder to access,” said Nancy Davis, one of the two advocates who brought the suit.

According to the American College of Medical Toxicology, mifepristone and misoprostol do not meet the definition of a controlled substance. The association warned in September that labeling the pills as such was “not consistent with decades of scientific evidence” and set a dangerous precedent of “politicizing pharmaceutical regulation.”

But Louisiana Attorney General Liz Murrill maintained support for the law on Friday.