Louisiana Sued Over Law Classifying Abortion Pills as ‘Controlled Substances’ – Mother Jones

An abortion rights supporter stands outside the U.S. Supreme Court in March ahead of oral arguments in a lawsuit over the abortion drug mifepristone.Sue Dorfman/Zuma

Earlier this month Louisiana became the first state in the country to classify the two most common drugs used in medical abortion, mifepristone and misoprostol, as Schedule IV controlled substances, imposing stiff penalties for their unauthorized use. Health care workers sounded the alarm when the GOP-controlled Legislature passed the law: Abortion is already illegal in the state in almost all cases, and the new classification would delay life-saving care for people suffering from miscarriages and illnesses unrelated to pregnancy.

Now, in a just-filed lawsuit, doulas, health care providers and women denied care under the state’s abortion law are arguing that the new classification of mifepristone and misoprostol violates the Louisiana Constitution. The lawsuit claims that by separating these drugs from other drugs with a similar risk profile, the new law discriminates against people on the basis of their physical condition, those treated with mifepristone and misoprostol.

In Louisiana, controlled substances are divided into five categories based on their medical use and risk of abuse: Schedule I is the highest risk and Schedule V is the lowest risk. The current list of Schedule IV drugs includes opioids, barbiturates, and benzodiazepines—all drugs with a high potential for addiction. Classifying mifepristone and misoprostol as dangerous drugs exposes them to heavy regulation. But they are not dangerous drugs and do not have the abuse potential of their Schedule IV counterparts; more than 100 studies have shown that they are safe and effective for ending pregnancies. Contrary to Louisiana’s current classification as having addictive potential, the Food and Drug Administration, which approved these drugs decades ago, has never found the drugs to lead to physical or psychological dependence.

Misoprostol and mifepristone have proven effective in a variety of situations. Both drugs are used for miscarriages, mifepristone is used to treat ovarian cancer, and misoprostol is critical for the treatment of postpartum hemorrhage. Under Louisiana law, anyone in possession of any of these drugs, except pregnant women, is subject to five years in prison and a $5,000 fine.

The classification, the lawsuit argues, subjects the drugs to a “highly regulated legal scheme” that delays medical care. In the past, misoprostol was commonly stored in obstetric hemorrhage carts or in staff pockets. But under the new status, only a provider licensed to administer controlled substances can obtain the drug from locked cabinets where other controlled substances, such as narcotics, are stored. As a New Orleans OB/GYN told my colleague Julianne McShane, time is of the essence in a medical emergency, and even a few minutes’ delay can have catastrophic consequences.

Pregnant women were already being denied medical care before the drugs were reclassified. One of the plaintiffs, Caitlin Joshua, was denied treatment for her miscarriage at two hospitals because of the state’s abortion ban. “Now legislators have passed yet another law making it more difficult to provide medical care during a miscarriage, and they have done so without complying with the requirements of the state constitution,” Joshua said in a press release.