Reading Room Document

Application of the Comstock Act to the Mailing of Prescription Drugs That Can Be Used for Abortions

This opinion examined the application of the Comstock Act to the mailing of mifepristone and misoprostol. The OLC concluded that the Comstock Act does not prohibit the mailing of those drugs where the sender lacks the intent that the recipient will use the drugs unlawfully. Because of the many ways in which those drugs can be used lawfully, even in states that restrict access to lawful abortions, the OLC explained that "the mere mailing of such drugs to a particular jurisdiction is an insufficient basis for concluding that the sender intends them to be used unlawfully." The original opinion is available at https://www.justice.gov/olc/opinion/file/1560596/download.

December 23, 2022