Texas May Be Next State to Restrict Abortion Pills as “Controlled Substances”
If a Republican Texas lawmaker has his way, the state could be the next one to classify abortion pills as “controlled substances.” Jose Luis Magana/AP
Last month, Louisiana became the first state to begin classifying misoprostol and mifepristone—the two pills used in medication abortion—as schedule IV controlled substances.
The move, driven by anti-abortion Republicans and unsupported by evidence, left the state’s doctors bracing for the worst—the pills also are used to manage miscarriages and treat postpartum hemorrhages, and the new law requires they be locked away with other narcotics, potentially wasting precious minutes in an emergency. Hundreds of Louisiana doctors opposed the law, and one of them, Dr. Veronica Gillispie-Bell, a board-certified OB-GYN in New Orleans, told me she feared other states would follow.
That fear may now come to pass: Pat Curry, a Republican lawmaker in Texas, pre-filed a bill in the state legislature this week that would classify the two drugs as schedule IV substances there. The next legislative session does not begin until January 14—if passed, the bill would take effect in September 2025. Curry did not immediately respond to a Facebook message from Mother Jones on Sunday, and appeared to block me from messaging him further after I inquired about the bill.
The news, which appears to have first been reported by the Louisiana Illuminator, is just the latest example of right-wing attacks on abortion pills. Project 2025, the extremist guidebook to a second Trump term, recommends that the Department of Justice invoke the 19th-century Comstock Act to prosecute providers of abortion pills, as I have previously reported. It also recommends that the Food and Drug Administration revoke its approval of abortion pills. Conservative attorneys general in three states are trying to revive a US Supreme Court case seeking to restrict access to mifepristone after the justices unanimously dismissed it earlier this year. And as the Guardian reported on Sunday, anti-abortion advocates hope to outlaw abortion pills nationwide during Trump’s next term.
There is no scientific or medical evidence base to support the notion that the pills are dangerous or should be regulated as controlled substances, which federal law describes as drugs that have “potential for abuse.” More than 100 studies have found that mifepristone and misoprostol are safe and effective methods to terminate a pregnancy, and research has shown abortion pills are just as safe and effective when prescribed via telemedicine and mailed to patients as when prescribed and dispensed in person. Post-Dobbs, Americans have taken to stockpiling abortion pills just in case they need them in the future; medication abortion provided via telehealth has also become an increasingly popular option in the face of rising abortion restrictions—it now accounts for approximately one in five abortions nationwide.
The Texas bill certainly has a shot. The legislature is solidly Republican and has historically been strongly anti-abortion, having passed SB 8, a six-week ban, then the nation’s most restrictive, in 2021. (As my colleague Nina Martin reported this summer, new research shows that a huge increase in infant deaths followed the implementation of SB 8, due in part to an increase of babies born with birth defects. After Dobbs, abortion became fully outlawed in Texas, with no exceptions for rape or incest—just the life or health of the mother.)
A spokesperson for Republican Gov. Greg Abbott—who, as I reported, falsely claimed Texas would “eliminate rape” as an attempt to justify passing SB 8—did not immediately respond to a request for comment Sunday asking if the governor would support the “controlled substances” bill.
When Texas lawmakers return to work in January, they will likely have to contend with protests from doctors and abortion rights advocates, who have evidence on their side. As Gillispie-Bell, the New Orleans doctor, told me: “It’s really a dangerous slippery slope when we have legislation that interferes with what we know to be evidence-based medicine.”