Everything you need to know about the new “controlled substance” law.
A version of this article was originally published on Jessica Valenti’s substack Abortion, Every Day, which you can subscribe to here.
Louisiana Gov. Jeff Landry signed a bill on Friday classifying abortion medication as a controlled substance — the first law of its kind in the nation. As someone tracking and analyzing everything happening with abortion rights in a daily newsletter, I wanted to explore what the policy is, what it will do, and how we can expect to see this strategy exported to other states.
First and foremost, I want to make something clear: If you live in Louisiana, you can still obtain abortion medication. Doctors in pro-choice shield states can ship the pills to you, and this new law doesn’t criminalize pregnant people for possessing or taking abortion medication. At the bottom of this article, you’ll find information about safe places to order the medication, along with free helplines for legal or medical advice.
I say this upfront because the law is an attempt to create a chilling effect that dissuades people from ordering abortion medication online or using telehealth to get the pills shipped from blue states.
Anti-abortion activists and lawmakers know that many, many women have been able to get abortions despite the state’s ban — largely thanks to abortion medication and doctors in pro-choice states. In fact, a recent report showed that 8,000 women a month are getting abortion medication mailed from providers in shield states.
Conservatives really don’t like that. They’re also super eager to punish abortion funds and local activists who have been helping patients get the medication. That’s why Louisiana Republicans made possession of the pills without a prescription punishable by up to five years in prison. In short, the law allows the state to go after abortion funds as drug dealers and traffickers.
Anti-abortion lawmakers and activists hope that this increased penalty will make would-be abortion patients too afraid to seek out the medication, and Louisianans too afraid to help each other obtain it.
As I’ve pointed out previously, controlled substances are also tracked in a state database — which increases the chilling effect and aligns with what we’ve seen more broadly in conservative attacks on data and privacy. The Louisiana law comes at the same time that the GOP and anti-abortion groups in Indiana are working to make women’s abortion reports public records, and as Republican Senators propose legislation that would enable them to harvest pregnant women’s information. From Louisiana reproductive health law attorney Ellie Schilling:
“The State of Louisiana would effectively be creating a database of prescriptions for every woman who is prescribed mifepristone and misoprostol, regardless of the reason, truly monitoring women and their pregnancies. That should be unimaginable in America.”
This will also have a chilling effect on doctors in Louisiana. An OBGYN who would normally prescribe abortion medication to a miscarrying patient, for example, may think twice before doing so if they know that their decision is going to be tracked by the state and potentially criminalized.
The physical danger of the law doesn’t stop there. Classifying abortion medication as a controlled substance means that doctors will need to have a special license to prescribe the medication and that the pills will be stored differently — with a tighter process to access them, even in an emergency.
As Lift Louisiana executive director Michelle Erenberg told The New York Times last week, when it comes to miscarriages and other bleeding, “things can change for the worse very quickly,” and providers won’t be able to “quickly call in a prescription for these medications the way that they currently are able to do.” And here’s what Louisiana emergency medicine physician Jennifer Avegno, MD, told PBS Newshour:
“If you’re miscarrying and you can’t access misoprostol, you could continue to bleed, hemorrhage, you could develop sepsis, you could end up in the emergency department, and lead to future problems with future pregnancies.”
What makes this so much more infuriating is that Republicans know that this law endangers women’s health and lives, yet they continue to insist that it’s for our own good. In fact, despite all evidence to the contrary, they say the law will protect women.
Caitlin Connors of Susan B. Anthony Pro-Life America, for example, claimed the law will make it “harder for abusers to obtain” the medication. Sarah Zagorski from Louisiana Right to Life — the group that drafted the bill — said that it will “stop the abortion industry from profiting off of abuse and trafficking of vulnerable women.” And state senator Thomas Pressly, the bill’s sponsor, said “this is the right step for making sure that the criminal action on the front end is stopped.”
All of this is about public perception. Conservatives know that voters are furious about abortion bans, and that Americans overwhelmingly support legal access to abortion medication. So when Republicans pass a law like this one, they need a way to stop looking like the bad guys — and to change the conversation.
That’s why a Christian Post headline claimed that “Louisiana House passes bill to punish abusers for poisoning women with abortion drugs,” and why the Catholic News Agency called it an “abortion fraud bill.” A ‘pro-life’ news outlet even declared, “Louisiana passes bill to stop forced abortions on women.”¹
I don’t know how Republicans are going to be able to keep up this kind of messaging when there are so many horror stories already coming out of the state, but they’re certainly going to try.
The final thing that’s important to know is that what’s happening in Louisiana is not going to stay in Louisiana. This is an anti-abortion trial balloon, and activists and lawmakers in other states are absolutely going to follow suit — either by changing the pills’ classification or by passing other restrictions specific to abortion medication. Once again, their tactic will be to claim it’s all for our own good, and the point will be to instill fear and create confusion.
If you want to help, you can start by supporting an abortion fund in Louisiana, or a group like Lift Louisiana or Planned Parenthood Gulf Coast. Then spread the word about abortion medication, and how it’s safe and available-by-mail in all 50 states. In a moment when they want us to be afraid, let’s be brave instead.
Abortion, Every Day is a source for news, analysis, strategy & commentary — it should not be used as a replacement for expert legal or medical advice. For help, please look to these trusted groups:
➡ Safe websites to buy abortion medication: Aid Access, Plan C Pills, Abortion Finder, I Need An A
➡ If you need help affording abortion care, contact an abortion fund near you.
➡ To protect your digital privacy when planning your abortion, click here.
➡ For free legal help as a patient or doctor, call If/When/How’s Repro Helpline: 844-868-2812
➡ For medical advice, contact the Miscarriage & Abortion Hotline: 833-246-2632
➡ If you need to know the abortion law in your state, look to the Center for Reproductive Rights.
Jessica Valenti is an American feminist writer. She was the co-founder of the blog Feministing, which she wrote for from 2004 to 2011. Valenti is the author of five books: Full Frontal Feminism, He’s a Stud, She’s a Slut, The Purity Myth, Why Have Kids?, and Sex Object: A Memoir.
