Judge to hear arguments to Louisiana law listing abortion pills as controlled dangerous substances

BATON ROUGE, La. (AP) — Arguments surrounding first-of-its-kind legislation that categorizes two widely used abortion -inducing drugs as “controlled dangerous substances” in Louisiana are scheduled to take place before a state judge Thursday morning.

In a lawsuit against the state, plaintiffs say the reclassification of misoprostol and mifepristone — which have critical reproductive health care uses in addition to being used as a two-drug regimen to end pregnancies — could cause needless and potentially life-threatening delays in treatment during medical emergencies.

The legal challenge, which was filed in October, says the law may slow access to “lifesaving treatment for people experiencing obstetrical emergencies” and make it “significantly harder” for people to “obtain proven, effective remedies necessary for their treatment and care.” Plaintiffs are asking the judge for a permanent injunction, ultimately to halt the law that is currently in effect.

Defendants are asking the judge to dismiss the lawsuit. Louisiana Attorney General Liz Murrill, one of the defendants listed in the suit, told The Associated Press that she looks forward to “defending this law vigorously” in court.

Louisiana, which has one of the strictest abortion bans in the country, became the first state last year to heighten the classification of the two pills. Passage of the measure by the GOP-dominated Legislature marked a new approach in conservative efforts to restrict access to abortion pills. In 2023, nearly two-thirds of all abortions in the country were medication abortions.

The legislation spawned from anti-abortion groups and a Republican state senator’s effort to prevent coerced abortion and make it more difficult for bad actors to obtain the drugs. The lawmaker pointed to the case of his sister in Texas who in 2022 was slipped seven misoprostol pills by her husband without her knowledge; the baby survived. Over the past 15 years, news outlets have reported on similar cases — none in Louisiana — but the issue does not appear widespread.

“The Louisiana Legislature spoke loud and clear last year that they stand for life and are against this controlled substance being prescribed without a prescription from a doctor,” Murrill said.

Prior to the reclassification, a prescription was still needed to obtain mifepristone and misoprostol in Louisiana. Before the change, medical personnel told The Associated Press that in hospitals the drugs — which are also used to treat miscarriages, induce labor and stop bleeding — were often stored in an OB-GYN unit in a “hemorrhage box” in the room, on the delivery table or in a nurse’s pocket, to ensure almost-immediate access in common emergency situations.

The new law reclassified the pills as “Schedule IV drugs,” putting them in the same category as the opioid tramadol and other substances that can be addictive. Under the new classification, there are extra steps and more stringent storage requirements. While testifying against the legislation, doctors stressed the drugs would be moved down the hall, in locked containers or elsewhere that may result in slower access during emergency situations where every second is vital.

With the heightened classification also comes increased charges. If someone knowingly possesses mifepristone or misoprostol without a valid prescription for any purpose, they could be fined up to $5,000 and sent to jail for one to five years. The law carves out protections for pregnant women who obtain the drug without a prescription to take on their own.

Among the plaintiffs listed in the lawsuit are; a physician; a pharmacist; the Birthmark Doula Collective, an organization of people trained to provide pregnancy care before, during and after birth; Nancy Davis, a woman who was denied an abortion in Louisiana and traveled out of state for one after learning her fetus would not survive; and a woman who said she was turned away from two emergency rooms instead of being treated for a miscarriage.

The legal challenge seeking a permanent injunction to halt the law is being heard before a 19th Judicial District Court judge in Baton Rouge. Thursday’s hearing is expected to focus on the state’s request to dismiss the lawsuit.