On Tuesday, Gov. Kristi Noem and Attorney General Marty Jackley wrote to South Dakota pharmacists to remind them of state law regarding the illegality of abortions except those necessary to save the life of the mother. The Food and Drug Administration (FDA) recently declared that the federal government will permit chemical abortion drugs to be dispensed at all retail pharmacies. You can find the letter here.
“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. Their resources should be focused on helping mothers and their babies, both before birth and after,” wrote Governor Noem and Attorney General Jackley.
Following the United States Supreme Court’s Dobbs decision in June 2022, states were once again allowed to make their own choices over abortion policy. South Dakota had a trigger law on the books, passed in 2005, that made abortion illegal except to save the life of a pregnant mother.
At that time, Governor Noem announced a new website, Life.SD.gov. The mission of the site is “Helping mothers and their babies before birth and after.”
Governor Noem and Attorney General Jackley echoed this sentiment: “All abortions, whether surgically or chemically induced, terminate the life of a living human being. 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.”