Louisiana lawmakers voted to reclassify abortion pills mifepristone and misoprostol as controlled dangerous substances, a first-of-its-kind measure that represents a new challenge to the most commonly used method of abortion in the United States.

The bill, which was roundly criticized by medical professionals, now heads to Republican Gov. Jeff Landry's desk for his signature.

What You Need To Know

  • Louisiana lawmakers passed a bill to reclassify abortion pills mifepristone and misoprostol as controlled dangerous substances

  • The measure, introduced by Republican Sen. Thomas Pressly, aims to criminalize someone slipping an abortion-inducing drug to an unsuspecting pregnant woman

  • Doctors were highly critical of the measure, noting that misoprostol can also be used to prevent gastrointestinal ulcers and to aid in labor and delivery

  • A survey from March showed that 72% of Americans, including a majority of Republicans, support medication abortion

The measure, introduced by Republican Sen. Thomas Pressly, aims to criminalize someone slipping an abortion-inducing drug to an unsuspecting pregnant woman. Pressly said he proposed the legislation after his sister was given abortion drugs by her then-husband without her knowledge.

If signed into law, anyone in possession of the abortion drugs without a prescription could be sentenced to one to five years in prison. The bill exempts pregnant women who have the drugs for their own consumption from being prosecuted.

Louisiana already has a near-total abortion ban, with exceptions made only to save the mother’s life or prevent “serious risk” to her health or when the fetus is not expected to survive the pregnancy. The bill comes as the U.S. Supreme Court is set to issue a ruling in a case seeking to restrict access to mifepristone, which was approved by the U.S. Food and Drug Administration in 2000. The high court appeared skeptical of imposing limits on the drug during arguments in March.

Doctors were highly critical of the measure. Misoprostol also can be used to prevent gastrointestinal ulcers and to aid in labor and delivery, more than 240 OB/GYN doctors noted in a letter earlier this month in which they asked Pressly to reconsider his amendments.

According to the Guttmacher Institute, a reproductive health think tank, medication abortion accounted for 63% of all abortions in the U.S. last year, up from 53% in 2020. A survey from March showed that 72% of Americans, including a majority of Republicans, support medication abortion.

President Joe Biden called the bill "outrageous" and sought to lay the blame squarely at the feet of his predecessor and presumptive opponent in November's election, former President Donald Trump. The Republican ex-president appointed three conservative judges to the federal bench during his sole White House term, and all three were part of the majority opinion that overturned Roe v. Wade in 2022, which they contended paved the way for the Louisiana bill.

"Donald Trump says that women should face some form of ‘punishment’ for accessing reproductive health care," Biden said. "We’re seeing that play out. This is a direct result of Trump overturning Roe v. Wade. Trump says the cruel laws endangering women’s lives are ‘working brilliantly.’ He thinks states like Louisiana should be able to prosecute women and monitor their bodies. Just this week, he said he is considering restricting access to contraception."

“This is a scary time for women across America," he continued. "If Donald Trump regains power, he will try to make what is happening in states like Louisiana a reality nationwide. My message to those who are worried is this: Kamala and I are fighting like hell to get your freedoms back. And we won’t stop until we restore the protections of Roe v. Wade for all women in every state.”

On a call Wednesday, officials with President Biden's reelection campaign criticized the bill.

"[This] should not be happening in America, but it's happening because of one thing: Donald Trump,” Mitch Landrieu, co-chair of the Biden campaign, said on the call. “If Trump returns to the White House, he's going to make things even worse. He has made that crystal clear.” 

Landrieu noted that, in an interview with a Pittsburgh TV station Tuesday, Trump said he was “looking at” restrictions to birth control, a comment the former president and his campaign later walked back. Landrieu also pointed to past Trump comments that there should be punishment for women who have abortions.

“Louisiana is just one example of this dystopian agenda that Trump and his allies are pushing,” Landrieu said. “It's a far cry from Joe Biden and Kamala Harris, who believe in women, who are standing up for women's fundamental freedoms and leading a whole-of-government effort to protect and strengthen access to reproductive health care.”

The Trump campaign did not respond to an email seeking comment about the Louisiana bill and the Biden campaign’s remarks Wednesday. When asked abortion-related questions in recent weeks, Trump has avoided weighing in, other than to say those matters are now up to each state.

Anti-abortion advocates have defended the Louisiana law by arguing doctors and pharmacists would still be able to legally administer and dispense mifepristone or misoprostol for uses other than abortion and noting that many Schedule IV substances, such as opioids and antidepressants, continue to be prescribed for legitimate health reasons. 

They have accused critics and some media outlets of misrepresenting the legislation. 

“[T]he abortion regimen needs to included in the Controlled Substance List because there is evidence that shows minors, abuse victims, and predators of any kind can currently buy abortion pills online, on the streets, or in bulk,” Sarah Zagorski, spokeswoman for the group Louisiana Right to Life, said in a statement.

Spectrum News' Ryan Chatelain contributed to this report.