Abortifacients

2025-2026 Bill 776: Abortifacients - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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S. 776
STATUS INFORMATION
General Bill
Sponsors: Senator Massey
Companion/Similar bill(s): 4653, 4760
Document Path: SR-0461KM26.docx
Introduced in the Senate on January 13, 2026
Currently residing in the Senate Committee on
Medical Affairs
Summary: Abortifacients
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

1/13/2026

Senate

Introduced and read first time (
Senate Journal-page 49
)

1/13/2026

Senate

Referred to Committee on
Medical Affairs
(
Senate Journal-page 49
)

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
01/13/2026

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING
SECTION
44-53-250
, RELATING TO CONTROLLED SUBSTANCES IN SCHEDULE IV, SO AS TO
PROVIDE THAT ABORTIFACIENTS, INCLUDING MIFEPRISTONE AND MISOPROSTOL, ARE
INCLUDED IN SCHEDULE IV; BY AMENDING SECTION
44-53-370
, RELATING TO PROHIBITED
ACTS AND PENALTIES RELATED TO CONTROLLED SUBSTANCES, SO AS TO PROVIDE THAT THE
SENTENCE FOR VIOLATIONS RELATED TO ABORTIFACIENTS MAY NOT BE SUSPENDED OR
PAROLE GRANTED.

B
e it enacted by the
General Assembly of the State of South Carolina:

S
ECTION 1.
S
ection
44-53-250
(d) of the S.C. Code is amended to
read:

(
d)
Abortifacients.

Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture or preparation which contains any quantity of
:
the following substances,
including its salts;

(
1)

[Blank]
Mifepristone; and

(
2) Misoprostol.

S
ECTION 2.
S
ection
44-53-370
(b)(3) of the S.C. Code is amended to
read:

(
3) a substance classified in Schedule
IV except for flunitrazepam is guilty of a misdemeanor and, upon conviction,
for a first offense must be imprisoned not more than three years or fined not
more than three thousand dollars, or both. In the case of second or subsequent
offenses, the person is guilty of a felony and, upon conviction, must be
imprisoned not more than five years or fined not more than six thousand
dollars, or both. Notwithstanding any other provision of law
and except for offenses related to abortifacients
, a
person convicted and sentenced pursuant to this item for a first offense or
second offense may have the sentence suspended and probation granted and is
eligible for parole, supervised furlough, community supervision, work release,
work credits, education credits, and good conduct credits.

Regarding abortifacients, the sentence must not be suspended nor probation
granted.
Notwithstanding any other provision of law, a person convicted
and sentenced pursuant to this subsection for a third or subsequent offense in
which all prior offenses were for possession of a controlled substance pursuant
to subsections (c) and (d)
and except for offenses related
to abortifacients
, may have the sentence suspended and probation granted
and is eligible for parole, supervised furlough, community supervision, work
release, work credits, education credits, and good conduct credits. In all
other cases,
including cases related to abortifacients,

the sentence must not be suspended nor probation granted;

S
ECTION 3.
S
ection
44-53-370
(d)(2) of the S.C. Code is amended to
read:

(
2) any other controlled substance
classified in Schedules I through V is guilty of a misdemeanor and, upon
conviction, must be imprisoned not more than six months or fined not more than
one thousand dollars, or both. For a second or subsequent offense, the
offender is guilty of a misdemeanor and, upon conviction, must be imprisoned
not more than one year or fined not more than two thousand dollars, or both,
except as provided in subsection (d)(4). Notwithstanding any other provision
of law, a person convicted and sentenced pursuant to this item
for an offense other than an offense related to abortifacients,

may have the sentence suspended and probation granted and is eligible for
parole, supervised furlough, community supervision, work release, work credits,
education credits, and good conduct credits
. In cases
related to abortifacients, the sentence must not be suspended nor probation
granted
;

S
ECTION 4. Nothing
in this act shall be construed to prohibit the ability of a physician to
perform a medical procedure necessary in his reasonable medical judgment to
prevent the death or irreversible physical impairment of a pregnant woman or a
woman no longer pregnant due to miscarriage.

S
ECTION 5. The General Assembly finds that the
sections presented in this act constitute one subject as required by Article
III, Section 17 of the South Carolina Constitution, in particular finding that
each change and each topic relates directly to or in conjunction with other
sections to the subject of placing abortifacients in Schedule IV of the
Controlled Substances Act as clearly enumerated in the title. The General
Assembly further finds that a common purpose or relationship exists among the
sections, representing a potential plurality but not disunity of topics,
notwithstanding that reasonable minds might differ in identifying more than one
topic contained in the act.

S
ECTION 6. If any section, subsection,
paragraph, subparagraph, sentence, clause, phrase, or word of this act is for
any reason held to be unconstitutional or invalid, such holding shall not
affect the constitutionality or validity of the remaining portions of this act,
the General Assembly hereby declaring that it would have passed this act, and
each and every section, subsection, paragraph, subparagraph, sentence, clause,
phrase, and word thereof, irrespective of the fact that any one or more other
sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases,
or words hereof may be declared to be unconstitutional, invalid, or otherwise
ineffective.

S
ECTION 7. This act takes effect upon approval
by the Governor.

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This web page was last updated on January 13, 2026 at 12:36 PM