A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING ARTICLE 8 TO CHAPTER 41, TITLE 44 SO AS TO CREATE CRIMES AND ASSOCIATED PENALTIES REGARDING THE USE OF ABORTION-INDUCING DRUGS, WITH EXCEPTIONS; BY AMENDING SECTION 44-53-250, RELATING TO SCHEDULE IV CONTROLLED SUBSTANCES, SO AS TO ADD MIFEPRISTONE AND MISOPROSTOL; AND BY AMENDING SECTION 44-53-370, RELATING TO CONTROLLED SUBSTANCE OFFENSES AND PENALTIES, SO AS TO CREATE CRIMINAL PENALTIES FOR POSSESSION OF MIFEPRISTONE AND MISOPROSTOL, WITH EXCEPTIONS.
H. 4760 would create a new set of criminal and civil restrictions in South Carolina focused on abortion-inducing drugs, including mifepristone and misoprostol. The bill defines “abortion-inducing drug” broadly, prohibits knowingly causing an abortion by delivering or providing such drugs, and establishes felony penalties for violations. It also creates a separate offense for administering an abortion-inducing drug without a pregnant woman’s knowledge or consent, with enhanced penalties if the unborn child is beyond three months of gestational age or if serious injury or death results.
The bill also adds mifepristone and misoprostol to the state’s Schedule IV controlled substances list and makes knowing possession of those drugs a felony unless they were obtained by valid prescription or otherwise lawfully possessed, while expressly exempting pregnant women possessing the drugs for their own consumption. In addition, it creates civil liability and strict-liability remedies against persons or entities that manufacture, distribute, or provide abortion-inducing drugs and whose conduct causes injury or death, and it authorizes private lawsuits by certain family members and guardians. The bill further authorizes the Attorney General to seek civil forfeiture and injunctive relief against funding or assistance for unlawful distribution of abortion-inducing drugs.
The bill would significantly expand state regulation of medication abortion and related conduct by amending both Title 44’s health provisions and Title 44’s controlled-substances provisions. It directs the Board of Pharmacy and the Department of Public Health to notify pharmacists and healthcare providers about the new rules, and it includes broad jurisdictional language intended to reach out-of-state actors who direct abortion-inducing drugs into South Carolina. The act would take effect 90 days after gubernatorial approval.
Overall sentiment in the recorded legislative history appears strongly supportive among the bill’s sponsors and House majority, as reflected by the bill’s passage and the defeat of many proposed amendments. The House voted to table numerous amendments, with most table motions passing by wide margins, and then passed the bill by substantial majorities on February 4 and February 5, 2026. The Senate Medical Affairs Committee later reported the bill favorably and recommended that it pass.
The main points of contention are the bill’s criminalization of abortion-inducing drugs, its addition of those drugs to the controlled-substances schedule, and its broad civil-liability framework that can reach manufacturers, distributors, pharmacies, online services, and remote actors. Supporters appear to have favored tightening restrictions and enforcement, while opponents likely focused on access to medication abortion, the impact on healthcare providers and pharmacies, and the breadth of the civil and jurisdictional provisions. The bill includes exceptions for medical emergencies, ectopic pregnancy treatment, lawful medical care, and pregnant women’s own possession or use, but those exceptions do not eliminate the broader controversy over enforcement and liability.
The bill would amend Title 44 to create a new article on abortion-inducing drug prohibitions, add mifepristone and misoprostol to Schedule IV controlled substances in Section 44-53-250, and create a new felony possession offense in Section 44-53-370 for those drugs except when lawfully prescribed or otherwise authorized. It would also add new civil and criminal enforcement tools, including strict liability damages, private causes of action for specified family members, personal-jurisdiction provisions over out-of-state actors, and Attorney General authority to pursue forfeiture and injunctions against unlawful funding or assistance. Healthcare providers, pharmacists, distributors, internet-related services, and entities involved in medication abortion would be the primary affected parties, though the bill contains explicit exemptions for lawful medical care and certain protected conduct.
The available legislative history suggests the bill was treated favorably by its sponsors and the chamber majority. The House defeated a series of amendments and then passed the bill by comfortable margins, indicating strong support for the bill’s core approach. The Senate Medical Affairs Committee also recommended passage, reinforcing that the bill had institutional backing at the committee level. No committee transcript is available, but the voting pattern indicates limited success for efforts to alter or soften the bill.
The most significant contention centers on whether the state should criminalize and tightly regulate abortion-inducing drugs, especially mifepristone and misoprostol, and whether doing so would interfere with lawful medical care and access to medication abortion. Opponents would likely object to the controlled-substance classification, felony possession penalties, broad civil liability, and the bill’s reach over out-of-state manufacturers, distributors, online services, and pharmacies. Supporters appear to have emphasized enforcement against unlawful abortions and protection of pregnant women and unborn children, while the bill’s exceptions for medical emergencies, ectopic pregnancies, and lawful prescriptions were likely intended to address concerns about legitimate medical use.