South Dakota Advances Bill to Ban Abortion Pill Advertising and Distribution

The proposed legislation would make it a felony to advertise or dispense abortion pills in the state.

Feb. 23, 2026 at 1:24pm

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The South Dakota House State Affairs Committee voted 10-2 to advance a bill that would make it a felony to advertise, distribute, or sell abortion pills and other abortion-related items in the state. The bill also allows the state attorney general to seek civil penalties of up to $10,000 per violation, with payments going to a 'life protection subfund' used to defend the state's anti-abortion laws. Opponents argue the bill would chill medical care and invite intrusive investigations into private health decisions.

Why it matters

This bill is part of South Dakota's ongoing efforts to restrict access to abortion services after the state adopted an abortion trigger ban in 2022 following the Supreme Court's overturning of Roe v. Wade. The proposed legislation aims to target out-of-state providers and marketers of abortion pills, which now account for the majority of abortions nationwide.

The details

The bill would make it a felony to knowingly dispense, distribute, sell or advertise abortion pills and any other 'article' or 'instrument' intended to be used for an abortion. It would also allow the state attorney general to seek civil penalties of up to $10,000 per violation, with payments deposited into the 'life protection subfund,' used to defend the state's anti-abortion laws. Republican Attorney General Marty Jackley says the measure gives prosecutors tools to target out-of-state providers and marketers, and to intercept shipments without requiring proof that the drugs reached a pregnant person.

  • The House State Affairs Committee voted on the bill on Friday, February 23, 2026.
  • South Dakota adopted an abortion trigger ban in 2005 that took effect in 2022 after the Supreme Court overturned Roe v. Wade.

The players

Marty Jackley

Republican Attorney General of South Dakota who is seeking the Republican nomination for U.S. House in the June primary election.

South Dakota State Medical Association

An organization that opposes the bill, arguing it would chill medical care and invite intrusive investigations into private health decisions.

American College of Obstetricians and Gynecologists

An organization that opposes the bill, arguing it would chill medical care and invite intrusive investigations into private health decisions.

American Civil Liberties Union of South Dakota

An organization that opposes the bill, arguing it would chill medical care and invite intrusive investigations into private health decisions.

Justin Bell

Representing the South Dakota State Medical Association, he said the bill may cause manufacturers and distributors to avoid providing drugs affected by the legislation due to liability concerns.

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What they’re saying

“We are not able to do that under the existing law, because the drug 'has to go to a pregnant female.'”

— Marty Jackley, Republican Attorney General of South Dakota

“Even in cases of legal, non-abortion uses, manufacturers and distributors of drugs affected by the legislation may say, 'I don't know what people are going to use this for. I am not taking the liability of a potential civil action. I'm not taking a risk of getting convicted of a class six felony because of it.'”

— Justin Bell, Representing the South Dakota State Medical Association

What’s next

The bill will now move to the full South Dakota House for consideration.

The takeaway

This bill is the latest in South Dakota's ongoing efforts to restrict access to abortion services after the state adopted an abortion trigger ban in 2022 following the Supreme Court's overturning of Roe v. Wade. The proposed legislation aims to target out-of-state providers and marketers of abortion pills, which now account for the majority of abortions nationwide.