Currently, Mississippi and Tennessee have near-total abortion bans where in-state distribution of abortion pills, such as Mifepristone, via mail or telehealth is illegal.
Mississippi legislators passed House Bill 1613, which amends the state’s overall drug trafficking laws, and classifies sending abortion pills into the state as a form of drug trafficking when prescribed without an in-person visit and with the intent to cause an abortion. Violators of the law could face prison time for one to 10 years, while the state can seek “declaratory or injunctive relief, and to recover civil penalties and costs” from those offenders, explains the amendment. The law passed overwhelmingly in the state House 76-38 and 37-15 in the Senate. Mississippi Governor Tate Reeves is expected to sign the bill into law. The law will take effect July 1, 2026.
State Rep. Celeste Hurst, who introduced the mail-order amendment, clarified the Mississippi law does not restrict the legitimate uses for these drugs, such as treating miscarriages.
Tennessee’s House Bill 5, which advanced out of the state assembly’s House Health Committee to the state Senate, aims to hold out-of-state abortion pill distributors liable in wrongful death lawsuits if drugs mailed into the state caused the death of a unborn child. The bill would allow family members, including the child’s mother, to sue the abortion pill provider that sent the drugs. The law allows distributors to face a minimum of $1 million in liability damages for the wrongful death of an unborn child.