South Carolina Secures Access to Controversial Death Penalty Drug: A Closer Look


South Carolina has obtained a drug needed to carry out lethal injections and is prepared to perform its first execution in over 12 years, officials announced on Tuesday. In the past, South Carolina was known for its high number of executions. However, an unintended moratorium has been in place since the expiration date of the lethal injection drugs, as pharmacies refused to sell more drugs fearing public identification. To combat this, the South Carolina General Assembly passed a shield law in May to keep the procedure and suppliers secret (AP).

On Tuesday, the state Department of Corrections Director, Bryan Stirling, revealed the purchase of pentobarbital, which will now be used as the sole drug in executions. Previously, a three-drug combination was used. “Justice has been delayed for too long in South Carolina,” stated Governor Henry McMaster. He further added that the state is now one step closer to executing the rule of law and providing closure to grieving families. The resumption of executions is still unknown. Four condemned inmates sued the state after the addition of a firing squad and the electric chair to the lethal injection method.

State lawyers are currently seeking to dismiss the lawsuit, as lethal injection drugs are now available. The inmates’ lawyers have not responded to the announcement, but it is expected that a further legal challenge will be pursued. According to current South Carolina law, inmates must be executed in the electric chair unless they choose lethal injection or the firing squad. The inmates argue that death by bullets or electric shock is cruel and unusual punishment, which is prohibited by the US Constitution. Stirling attested to the difficulties faced in obtaining lethal injection drugs, stating that they made over 1,300 attempts since 2013, and only with the shield law in place were they able to find a supplier.

The shield law in South Carolina allows the state to keep its lethal injection protocols secret, but Stirling revealed that it is essentially the same as the federal government’s and several other states’ use of pentobarbital. Other states such as Arizona, Idaho, Georgia, Missouri, South Dakota, and Texas have also reported using pentobarbital in their executions. States have historically struggled to secure pentobarbital and have had to explore unconventional sources. For example, Tennessee considered purchasing the drug from a veterinarian in 2017 before ultimately abandoning the plan due to logistical concerns. Currently, South Carolina has 34 inmates on death row, with the last execution taking place in May 2011.

(Read more South Carolina stories.)

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