SB 85 West Virginia Senate · 2025 Regular Session

Prohibiting use or sale of abortifacients

SB 85 prohibits the mailing, distribution, prescribing, or dispensing of abortifacients (drugs intended to cause abortion) within West Virginia. It specifically bans sending abortifacients via mail to residents, placing them in commerce for use in the state, prescribing them (even by out-of-state providers), or distributing without a valid prescription. Violations by non-medical professionals carry felony charges with 3-10 year prison sentences, while medical license revocation is possible for licensed providers. The law includes exceptions for medical emergencies that threaten a patient's life or major bodily function, as defined in the bill. This directly affects healthcare providers, pharmacies, and anyone involved in distributing abortion-related medications in West Virginia.
Bill status passed 3 of 5 stages cleared
Introduction
Feb 2025
Committee Review
Apr 2025
Senate Passage
Apr 2025
House of Delegates Passage
Governor
Introduced Feb 12, 2025 Last action Apr 2, 2025
Maddy AI version diff · 6 comparisons

What changed between versions

sb85 sfa weld _2 3-31 adopted.htm sb85 sfat rucker _1 3-31 adopted.htm · 4 edits
MODERATE
The bill's title was changed from a version sponsored by Senator Weld to a version sponsored by Senator Rucker. The amendment removes Senator Weld's proposed language about manufacturers and couriers sending abortifacients, while adding a comprehensive title that outlines the bill's intent to prohibit mailing, placing in commerce, prescribing, and disseminating abortifacients without valid prescriptions.
Scope change
The bill's scope was expanded in the new title to explicitly include prohibitions on mailing, placing in the stream of commerce, prescribing, and disseminating abortifacients without valid prescriptions, along with new criminal penalties, civil causes of action, and license revocation provisions.
REQUIREMENT

Removed Senator Weld's amendment language regarding manufacturers, distributors, couriers, and mail services sending abortifacients with valid prescriptions.

SCOPE

Added comprehensive prohibitions on mailing, placing in commerce, prescribing, and disseminating abortifacients without lawfully valid prescriptions.

ENFORCEMENT

Added provisions for criminal penalties, civil cause of action, and medical license revocation in certain circumstances.

TECHNICAL

Changed the bill title sponsor from Senator Weld to Senator Rucker and updated the bill's official title to reflect its full scope.

Floor votes · Senate Apr 1, 2025

How they voted

275
Passed · 1 other
Total votes 33
Apr 1, 2025
D Democratic2
1 Nay 1
50% Nay
R Republican31
27 Yea 4 Nay
87% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
21
Key actions
6
Committee
4
Apr 2, 2025
Committee
To House Health and Human Resources
lower
Apr 2, 2025
Committee
To Health and Human Resources then Finance
lower
Apr 2, 2025
Introduced
Introduced in House
lower
Apr 1, 2025
Upper · Passed
Title amendment adopted
upper
Apr 1, 2025
Upper · Passed
Passed Senate (Roll No. 259)
upper
Mar 31, 2025
Upper · Passed
Tarr floor amendments adopted (Voice vote)
upper
Mar 31, 2025
Upper · Passed
Weld floor amendments adopted (Voice vote)
upper
Mar 31, 2025
Upper · Passed
Rucker floor amendments adopted (Voice vote)
upper
Mar 28, 2025
Upper · Passed
Committee substitute reported
upper
Feb 12, 2025
Introduced
Introduced in Senate
upper
Feb 12, 2025
Committee
To Judiciary
upper
1 primary · 5 co-sponsors

Sponsors