‘Subject To Felony Prosecution’: Gov. Kristi Noem Warns South Dakota Pharmacists Against Dispensing Abortion Pills

Dillon BurroughsJanuary 25, 2023

Republican South Dakota Governor. Kristi Noem sent a letter to the State Attorney General Marty Jackley warning pharmacists that they would be facing felony charges if they dispensing abortion pills in the state.

After changes made by the Food and Drug Administration (FDA), the joint letter was sent Tuesday. It stated that retail pharmacies will be able to prescribe popular drugs used in chemical abortions.

“Chemical abortions remain illegal in South Dakota. Under South Dakota law, pharmacies, including chain drug stores, are prohibited from procuring and dispensing abortion-inducing drugs with the intent to induce an abortion, and are subject to felony prosecution under South Dakota law, despite the recent FDA ruling,” The letter stated. “Their resources should be focused on helping mothers and their babies, both before birth and after.”

After the Supreme Court’s Dobbs decision in June 2022 to return abortion laws to individual states, South Dakota’s 2005 trigger law went into effect that made abortions illegal in the state except to save the life of the mother, according to a statement from Noem’s office.

Noem has announced a new website. Life.SD.govLast year, we promoted “helping mothers and babies before and after birth” as part of the state’s pro-life focus.

“All abortions, whether surgically or chemically induced, terminate the life of a living human being,” Noem, Jackley and Jackley were added to the letter. “South Dakota will continue to enforce all laws including those that respect and protect the lives of the unborn. We trust pharmacists doing business in this state will take the same approach to respecting life.”

Florida and Alabama are two of the other states that have issued similar warnings to pharmacists.

The Florida Agency for Healthcare Administration sent a letter following the FDA’s change warning pharmacies against dispensing abortion pills, citing state law that “no termination shall be performed at any time except by a licensed physician.”

In Alabama, Attorney General Steve Marshall even noted that women could be prosecuted for using abortion pills, despite the state’s law only criminalizing abortion providers and preventing prosecution against women who have abortions.

“The Human Life Protection Act targets abortion providers, exempting women ‘upon whom an abortion is performed or attempted to be performed’ from liability under the law,” Marshall stated in a statement AL.com. “It does not provide an across-the-board exemption from all criminal laws, including the chemical-endangerment law—which the Alabama Supreme Court has affirmed and reaffirmed protects unborn children.”

The FDA’s policy update earlier this month was followed by President Joe Biden issuing a presidential memorandum on Sunday to protect access to abortion pills to mark 50 years since the Supreme Court’s Roe v. Wade decision.

“My Administration remains committed to supporting safe access to mifepristone, consistent with applicable law, and defending women’s fundamental freedoms,” Biden said In the Sunday memorandum. “Defending and protecting reproductive rights is essential to our Nation’s health, safety, and progress. It is the policy of my Administration to protect against threats to the liberty and autonomy of those who live in this country.”

After the FDA changed on abortion pill access, 22 attorneys general sent a letter asking Dr. Robert Califf to reverse the decision. The letter, led by Alabama Attorney General Steve Marshall, argued that The distribution of abortion-inducing drugs poses a danger to women’s health.

“The Food and Drug Administration’s decision to abandon commonsense restrictions on remotely prescribing and administering abortion-inducing drugs is both illegal and dangerous,” the letter read. “In direct contravention of longstanding FDA practice and congressional mandate, the FDA’s rollback of important safety restrictions ignores both women’s health and straightforward federal statutes. We urge you to reverse your decision.”