A Louisiana law classifying mifepristone and misoprostol as controlled dangerous substances — carrying criminal penalties of up to five years in prison and $100,000 in fines for possession without a valid medical prescription — took effect in Louisiana on August 1, 2024 after being signed by Governor Jeff Landry in June. Louisiana became the first state to criminalize possession of the drugs rather than merely restricting prescribers. These facts are confirmed by Fox News, NPR, The Guardian, Louisiana Department of Health notices, and the ACLU.

The law, SB 388, imposes criminal penalties on anyone who 'possesses, distributes, or administers' the drugs 'with the intent to procure or facilitate an abortion.' Medical providers who prescribe the drugs for approved non-abortion uses (misoprostol is also used to treat stomach ulcers; mifepristone is used for Cushing's disease) are exempt if they follow Louisiana's existing abortion ban restrictions.

Women's rights groups immediately challenged the law, arguing it chilled legitimate medical care by creating legal uncertainty for pharmacists, physicians, and patients. The ACLU said the law could apply to women who received the drugs by mail from out-of-state providers — a practice that had grown significantly after Dobbs. Several Louisiana OB-GYNs said the law increased anxiety among pregnant patients experiencing miscarriages, for whom misoprostol is a first-line treatment.

NPR and The Guardian reported extensively on patient-care concerns and the chilling effect on OB-GYNs. Fox News and the Daily Wire framed the law as a logical step in protecting unborn life after the state's existing near-total abortion ban, noting that the criminal penalties targeted those 'inducing abortion,' not legitimate medical use. Proponents said medication abortion circumvented Louisiana's existing ban by allowing drugs to be mailed from permissive states.