Could Big Pharma end the death penalty?
Doctors don't want their drugs to be used to kill people and so are starving the beast of capital punishment.
Thirty two states retain the death penalty in the US, but a new obstacle is making it increasingly difficult for them to carry it out. Pharmaceutical companies are taking a moral stand. The manufacturers of the drugs required by state departments of corrections for executions are saying they will not allow their products to be employed in this way. Manufacturers in the UK, US, Denmark, Israel, Switzerland, Germany, Austria and India have taken steps to prevent their drugs being used in executions.
This has had an astonishing effect. Shortages of lethal injection drugs and attendant litigation have resulted in moratoria - an official halting of executions - in Arkansas, California, Kentucky, Louisiana, Maryland, Missouri, Montana, Nebraska, North Carolina, Oregon, and Tennessee. Historically, state entities do not move directly from having the death penalty to abolition. They begin with a moratorium on killing and then, when the population has grown unused to executions, the death penalty can be abolished. Of the states mentioned above, Maryland abolished the death penalty this year and abolition bills have been put forward in Nebraska, Colorado and California. California came very close to passing its abolition bill - voting against by 52 to 48. Meanwhile, the media coverage of the issue has exposed the unsavoury details of the execution process and created opportunities for serious debate about abolition.
. . .
Texas and Ohio are also currently having trouble sourcing execution drug supplies. Their solution? Currently, they are turning to compounding pharmacies to get their drug supplies - effectively they are asking a local pharmacy to knock up some makeshift drugs so that the local prison can kill someone. This is clearly inappropriate, but if there were any doubt about that one has only to look at some of the results: one warden is asking that the prescriptions be filled in his name - and he will then use the drugs on his prisoners. Another is using as the authorising medical authority a local hospital which has been closed for 20 years. And, as per my opening shot, Ohio has stated that pharmacists can fill prescriptions based on an execution warrant. At least some compounding pharmacies have said that they don’t want anything to do with the death penalty - one Texan pharmacy refused to fill an order for compounded pentobarbital when it found out the drugs were for executions, and another requested that its drugs be returned when it found out the purpose for which the drugs had been ordered.