When Nixon first rolled out his infamous anti-drug campaign in 1971, he used it not as an effort to curb drug use, but for political purposes: associating leftists and Black communities with drug use and then criminalizing and marginalizing them in the public mind. He was horrifically successful at achieving these objectives, but the campaign's reach didn't stop there.
Empowered by Nixon, federal and state governments created drug categorization schedules deeming certain drugs highly dangerous, and then attached sometimes egregiously long prison sentences to their illegal use and distribution. Prosecutors possess total discretion when it comes to who they charge with what crime and how aggressively a defendant should be punished. And some prosecutors across the U.S. took that power and ran with it. Between 1980 and 2008, state prison populations for drug offenses increased by a whopping 1,216%. Black people have borne the brunt of this incarceration explosion: Black people are incarcerated for drug offenses at nearly six times the rate of white people, despite similar rates of drug use.
Now, let's bring it back to Louisiana. The far-reaching consequences of outlawing abortion care in this state have already been well-documented. The mass confusion, chaos and legitimate fear of legal sanctions have led medical providers to either delay abortion care to the point where a patient's life is at risk, or to deny care altogether. Categorizing safe and effective medication as a Schedule IV controlled substance will have chilling consequences for pregnant patients - including those with desired pregnancies.
First, this bill will create complex logistical and financial barriers to both prescribing and obtaining medication abortion for lawful uses like miscarriage management. Providers are already taking drastic measures, like choosing to perform C-sections to avoid medication abortions. Initial prenatal care is being delayed, leaving pregnant patients without critical information about their health in a state with some of the highest maternal mortality and morbidity rates in the nation.
Under this new ban, like with marijuana, police officers and prosecutors hold full discretion regarding who is arrested, charged, fined or even incarcerated for possessing abortion medication. For many, even an arrest can have devastating consequences. These two medications will now carry the stigma of being "controlled and dangerous substances," and access to them will undoubtedly shrink due to the increased regulatory requirements.
Many more Louisianans will be caught up in a vicious cycle of incarceration and criminal punishment as a result, unless state leaders come to their senses and repeal this draconian measure that has brought the War on Drugs to reproductive care.
It's near impossible to find fault with this analysis based upon the recorded history of the last 50 years as it regards how drug laws have negatively impacted both the poor and minority community's members caught violating these laws. It's almost an assurity that wealthy white women are not going to face the penalties poorer black and minority will for seeking abortion care in LA. Hopefully this law will be struck down before it can do more harm than it already has to the women of Louisiana now that the state has criminalized the use of a pharmaceutical created and marketed to positively assist women with multiple health issues related to reproductive care, not singularly just abortion.