Louisiana Law Classifies Abortion Pills as Controlled Substances

Louisiana recently passed a law with significant implications for women's healthcare access. This law classifies the medications used in medication abortion as controlled substances. 

The new Louisiana law specifically classifies mifepristone as a Schedule IV controlled substance. This category typically includes medications with a low potential for abuse but some potential for dependence. However, it's important to note that medication abortion drugs have a well-established safety record and don't fit the typical profile of controlled substances.

Understanding Medication Abortion and the New Law

Medication abortion is a safe and effective option for terminating early pregnancies. It involves taking two medications: mifepristone and misoprostol. Mifepristone blocks the hormone progesterone, which is necessary for pregnancy to continue. Misoprostol causes cramping and bleeding to expel the uterine lining.

The new law in Louisiana classifies both mifepristone and misoprostol as Schedule IV controlled substances. This category typically includes medications with a low potential for abuse but some potential for dependence. However, medication abortion drugs do not fit this profile and have a well-established safety record.

Potential Impact of the Law on Women's Health

This new legislation raises concerns about potential negative impacts on women's health. Placing these medications under controlled substances regulations creates additional hurdles for women seeking medication abortion. Obtaining a prescription may become more difficult, especially in rural areas with limited access to qualified healthcare providers. The new law may make some doctors hesitant to prescribe medication abortion drugs due to concerns about potential legal repercussions. This could further limit access, even in areas where providers are available.

Mental Health Considerations

The new law classifying medication abortion drugs as controlled substances has the potential to significantly impact women's mental health in Louisiana. Unwanted pregnancies can be emotionally stressful. Limited access to safe and legal abortion options can exacerbate these mental health challenges. Women facing an unwanted pregnancy may struggle with a sense of powerlessness and lack of control over their bodies and futures. Those with pre-existing mental health conditions, such as anxiety or depression, may be particularly vulnerable to the negative mental health impacts of limited abortion access.

Risk of “Back Alley Abortions”

Desperate women seeking abortions may resort to unsafe methods due to restricted access to legal options. This can lead to serious health complications, even death. The World Health Organization (WHO) reports that unsafe abortions are a leading cause of maternal death worldwide. In regions where safe abortion is not accessible, complications from unsafe abortions are a significant public health concern.

Penalties for Possession of Controlled Substances in Louisiana

Possession of a controlled substance in Louisiana without a valid prescription is a criminal offense. The penalties for possession of controlled substances in Louisiana, focusing on Schedule IV where medication abortion drugs now fall:

Schedule IV Controlled Substances:

• Examples: These can include medications like Xanax, Ativan, and certain ADHD medications. Mifepristone, used in medication abortion, now falls under this category in Louisiana.
• Penalties: Possession of a Schedule IV controlled substance without a valid prescription is a criminal offense. When facing drug charges, the severity of the penalty depends on the quantity possessed:
  • First Offense:
    • Fine: Up to $5,000
    • Jail Time: Up to two years
  • Subsequent Offenses: Penalties typically become more severe for repeat offenses. It's important to consult with an attorney for specifics.
  • Possession with Intent to Distribute: The penalties are much harsher for possession with intent to distribute a controlled substance, regardless of the schedule.

What This Means for You

If you are considering a medication abortion or have concerns about the new law, it's crucial to understand your rights and options. Here's what you can do:

• Seek Information: Reputable organizations like Planned Parenthood offer accurate information about medication abortion and your reproductive health rights.
• Consult a Doctor: Discuss your options with a qualified healthcare provider who can advise you based on your specific situation.
• The Importance of Choosing the Right Attorney: If you face legal consequences related to this new law, securing experienced legal representation is vital.

General Information and Advocacy

• Stay Informed: Stay updated on the latest developments regarding abortion access in Louisiana. Resources like news outlets or women's rights organizations can keep you informed.
• Consider Advocacy Efforts: If you're concerned about the impact of this law, you may want to get involved in advocacy efforts to protect reproductive rights in Louisiana. Organizations like Planned Parenthood or women's rights groups may have opportunities to get involved.
• Mental Health Resources: Remember, facing an unplanned pregnancy can be emotionally challenging. If you're struggling with anxiety, depression, or other mental health concerns, don't hesitate to seek help from a therapist or counselor. The National Alliance on Mental Illness (NAMI) or the Substance Abuse and Mental Health Services Administration (SAMHSA) can be starting points for finding resources.

The Importance of Choosing the Right Attorney

The new law classifying medication abortion drugs as controlled substances in Louisiana creates a complex legal landscape. If you're facing legal charges related to this law, or any controlled substance offense, securing the right legal representation is critical. Here's why choosing an experienced attorney is crucial:

• Understanding the Law and Legal System: Criminal defense attorneys possess a deep understanding of Louisiana law, specifically regarding controlled substances and potential defenses related to medication abortion. They can navigate the complexities of the legal system and ensure your rights are protected throughout the process.
• Experience Matters: An attorney with experience handling controlled substance cases, particularly those involving novel legal issues like this new law, can be invaluable. Their experience allows them to anticipate potential challenges and develop a strong defense strategy.
• Building a Strong Case: A skilled attorney will thoroughly investigate the facts of your case, gather evidence, and identify potential witnesses. They will work diligently to build the strongest possible defense on your behalf.
• Negotiation Skills: In some cases, plea bargains or alternative sentencing options may be available. An experienced attorney has the negotiation skills necessary to advocate for the best possible outcome in your case.
• Courtroom Experience: If your case goes to trial, having an attorney with courtroom experience is essential. They can effectively present your case to the judge and jury, increasing your chances of a successful outcome.

Dewey & Braud Law: Experienced Louisiana Criminal Defense Attorneys

Dewey Braud Law understands the significant impact that controlled substance charges can have on your life. They have a proven track record of success in defending clients facing complex criminal charges.Our team of skilled attorneys understands the complexities of this new law and its potential impact. We are committed to protecting your rights and fighting for the best possible outcome in your case. Contact our team today!