The FDA changed its regulations on Tuesday to make it possible for abortion pills to be sold at retail pharmacies, as the drugs have become a more prominent abortion method in the wake of the Supreme Court's decision.

Mifepristone abortion pill

The FDA said Tuesday that the drug can now be given to patients at certain pharmacies.

Corbis via Getty Images

One of the two drugs that can be used to end a pregnancies is Mifepristone, and it can be used up to 10 weeks into a pregnant woman.

In the past, the drug was only available in-person from a physician or clinic certified to prescribe it, or through a mail order pharmacy approved to supply the drug.

According to the New York Times, the FDA finalized new regulations on Tuesday that allow brick-and-mortar retail stores to sell the drug after being prescribed by a doctor.

It's not clear when the drug will be available at the pharmacy or where it will be carried, because they have to opt-in and get a certification.

Alaska, California, Colorado, Connecticut, Delaware, Florida, Hawaii, Illinois, Iowa, Kansas, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nebraska, Nevada, New Hampshire,

Alabama, Arkansas, Idaho, Kentucky, Louisiana, Mississippi, Missouri, Oklahoma, South Dakota, Tennessee, Texas, West Virginia, Wisconsin and Georgia are all states where abortion is not allowed.

As of now, abortion is legal in Arizona, Indiana, North Dakota, Ohio, South Carolina, Utah and Wyoming, but only because courts have temporarily blocked abortion ban in those states.

Which pharmacy will sell abortion pills? A Walgreens spokesman told the Times that the company would review the FDA regulations and that it would continue to allow the company's pharmacist to give prescriptions. In states where there are at least some restrictions on the procedure, the pharmacy may be hesitant to sell abortion pills. After the Supreme Court ruled in favor of abortion, some pharmacies refused to give out certain drugs because they could be used to induce a fetus to miscarry. An official at Danco, one of two pharmaceutical companies that manufactures mifepristone, told the Times that independent pharmacies outside of major chains will likely end up carrying the drug first, as it might be logistically easier for them to comply with the FDA requirements.

Big Number

54 percent. The most recent year for which data is available is 2020. It has been shown in research that medication abortion is highly safe and effective in ending a pregnant woman's life. According to the FDA, only 28 deaths have been reported in patients associated with the drug between September 2000 and June 2022.

Key Background

The FDA approved the use of medication abortions in 2000. After the Supreme Court legalized abortion in the U.S., the abortion drugs have gained attention as an easier way to get an abortion in states where the procedure is banned. The wave of state-level bans on abortion has prompted new tactics to make abortion pills available, such as mail-order services, and mail-forwarding services that can help skirt state bans. The Biden Administration has pointed to medication abortion and the fact that the FDA has, in order to counteract the impact of the Supreme Court's ruling.

Surprising Fact

The Justice Department said Tuesday that the drugs can still be mailed to states that don't allow abortion, even if the pharmacy doesn't carry the pills. The DOJ said in a legal opinion that the postal service or private carriers could be used to mail abortion-inducing drugs. If the pills are used for a medical emergency or if the drug is actually administered in a different state where abortion is legal, that could still be the case. It's possible that people who mail abortion pills could face legal repercussions under state laws, even though the DOJ's opinion will serve as a legal shield. In states like Arizona, Indiana, Oklahoma and Texas, mailing abortion pills is against the law.

What To Watch For

In November, anti-abortion advocates filed a lawsuit that challenges the legality of abortion pills nationwide and asks a court to force the FDA to withdraw its approval of the drugs. The lawsuit was filed in Texas and assigned to a Trump-appointed judge who could be sympathetic to the challengers. A ruling on whether to temporarily block the approval of the abortion drugs could come as early as February.

F.D.A. says that abortion pills can now be purchased at retail pharmacy stores.

Is medication abortion? The association of American medical colleges answered your questions.

There is information about Mifepristone, a drug used to end a pregnant woman's life.

There is availability and use of abortion medication.

The New York Times reports that abortion pill providers are experimenting with ways to make it easier to get abortions.

A new lawsuit is trying to get the FDA to approve the abortion drug.