South Carolina Considers Criminalizing Abortion Pill

The proposed House Bill 4760 would make it illegal to deliver, dispense, distribute or provide abortion-inducing drugs in South Carolina with felony charges.
Published: 1/15/2026, 11:33:04 PM EST
South Carolina Considers Criminalizing Abortion Pill
A woman prepares to take the first of two combination pills, mifepristone, for a medication abortion during a visit to a clinic in Kansas City, Kan., on Oct. 12, 2022. (Charlie Riedel/AP Photo)

The South Carolina House Judiciary Constitutional Laws Subcommittee held a public hearing on Jan. 14 to hear testimony on a bill that would criminalize the use of abortion pills.

If approved, House Bill 4760 would make it illegal to deliver, dispense, distribute, or provide abortion-inducing drugs with felony charges.

Violating the proposed law would be punishable with up to five years in prison and a $50,000 fine.

“It’s dealing with the life of a baby in the womb,” former South Carolina state rep. Gary Smith told the subcommittee. “We have laws that protect that life in South Carolina and we’re trying to enforce those, but because of the lack of interstate cooperation from 29 states and the District of Columbia, we’re having to deal with how to enforce the laws that have been passed in our borders.”

Thirteen states have a total ban on abortion, according to Guttmacher Institute data. They include Alabama, Arkansas, Idaho, Indiana, Kentucky, Louisiana, Mississippi, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, and West Virginia.

After the testimony, state lawmakers advanced the bill out of committee and sent it to the full Judiciary Committee with a 3–2 vote.

Another debate will take place next week.

The legislation excludes contraceptives, emergency contraceptives, and the use of methotrexate for ectopic pregnancies.

Women's Rights & Empowerment Network spokesperson Tori Nardone said the law doesn’t exclude miscarriage management even though many women also use the medication to help them pass a fetus that has miscarried.

“It’s a deeply personal and traumatic experience and that medication allows them to be able to do that in the comfort of their own home surrounded by loved ones,” Nardone said.

A total of 591,770 abortions were provided in the United States during the first six months of 2025, and more than 25 percent were by pill, according to a WeCount report of the Society for Family Planning.

Although drugs used in medication abortion, including mifepristone and misoprostol, are not considered controlled substances by the federal government, the bill would amend current South Carolina law to make the pills controlled substances statewide, similar to other controlled substances like opioids, stimulants, and depressants.

“This bill would definitely change the behavior of our society and men and women would, I hope, respect the beautiful gift and not be so cavalier and disrespectful to their purpose in life,” Pro-Life Charleston director-at-large Allan Terry told NTD.

The subcommittee also heard public testimony on House Bill 3537,  which, if approved, would allow abortion or attempted abortion to be prosecuted as assault or homicide.