Skip to main content

California has enough sodium thiopental to execute four

San Quentin's new
execution chamber
Corrections Department won't say where the lethal-injection drug came from, and that may mean its use is forbidden.

In a padlocked refrigerator behind San Quentin State Prison's death chamber, 12 grams of scarce sodium thiopental is available to carry out up to four executions.

How the California Department of Corrections and Rehabilitation acquired the drug is both a mystery and an apparent impediment to its use.

Legal analysts and human rights advocates contend that the state must have gotten the drug from a foreign producer because all stocks made by Hospira Inc. of Lake Forest, Ill., have expired, or will soon expire, and the drug's sole U.S. manufacturer can't make more, reportedly because of a raw-material supply issue.

In a legal filing to a federal judge reviewing the state's new lethal injection procedures, the office of Atty. Gen. Jerry Brown disclosed last month that it had obtained 12 grams of sodium thiopental with a 2014 expiration date.

Asked where the state found the drug, corrections spokeswoman Terry Thornton said: "I'm not at liberty to say."

The state's previous supply of sodium thiopental, which Hospira manufactures as Pentothal, expired at the end of September.

The exceeded shelf life was among the reasons U.S. District Judge Jeremy Fogel called off the scheduled Sept. 30 execution of rapist-murderer Albert Greenwood Brown, which would have been the first death sentence carried out in this state in nearly five years.

Fogel, based in San Jose, has blocked executions since February 2006, when he expressed concern that state executioners might not have let the sodium thiopental fully anesthetize some inmates before they were injected with the second and third drugs of the lethal series, which respectively paralyzed them and stopped their hearts. Unless the powerful barbiturate has rendered an inmate unconscious, he or she could be exposed to severe pain, in violation of the 8th Amendment's prohibition on cruel and unusual punishment, Fogel has said.

"The problems Judge Fogel found are the reasons why the court and the public are entitled to know whether the state is using sodium thiopental that will work in the way it is supposed to work," said Elisabeth Semel, a UC Berkeley law professor and director of the school's Death Penalty Clinic.

"If one is working with an FDA-approved drug, we know how it is supposed to be mixed and administered," she said. "If it comes from a foreign source, then we don't have that information, and the risk of serious harm escalates."

A 2008 U.S. Supreme Court ruling in a challenge brought by two Kentucky death row inmates found the lethal injection procedures used in that state to be constitutional. That decision, Baze vs. Rees, endorsed procedures similar to those used in all 35 death penalty states but required state officials to conduct executions in a "transparent" manner, something that California may be failing to do in declining to reveal the source of its sodium thiopental, said Semel, who opposes capital punishment.

Those in favor of resuming executions say the arguments are unpersuasive.

"I don't think there is a serious claim that Europe's standards are so much lower than ours that we should presume European drugs are substandard," said Kent Scheidegger, legal director for the Criminal Justice Legal Foundation in Sacramento. "It is absurd to claim that a drug used for the specific purpose of killing the inmate has to be approved through a process designed to ensure it is safe."

Pentothal is designed for use in surgical procedures and "is not indicated for capital punishment," said Hospira spokesman Dan Rosenberg, reiterating a warning sent to corrections departments around the nation earlier this year.

Product literature warns of potential respiratory complications and says Pentothal should not be used on anyone without "suitable veins for intravenous administration." Ohio's governor last year had to call off the attempted execution of murderer Romell Broom when corrections workers failed for more than two hours to find a vein strong enough to hold the IV shunt.

California has executed 13 inmates since capital punishment was reinstated in 1976, two by lethal gas and 11 by lethal injection. No executions have been carried out since January 2006 because of reviews and procedural revisions ordered by Fogel. The death row population has since swelled to 713 — the nation's largest by far.

Control room adjacent to San Quentin's
execution room. Execution drugs are kept
in the safe on the right below the table.
Only seven of those condemned prisoners have exhausted all of their appeals and are eligible for execution, said Christine Gasparac, spokeswoman for the attorney general's office.

Gasparac declined to say whether state law prohibits the import or use of lethal-injection drugs manufactured abroad and lacking U.S. Food and Drug Administration approval.

Arizona executed convicted murderer Jeffrey Landrigan on Oct. 26 after an 11th-hour dispute over the legality of using sodium thiopental obtained abroad from a source later identified as a British company. An Arizona federal judge and a panel of the U.S. 9th Circuit Court of Appeals had backed a stay of execution in Landrigan's case, but the U.S. Supreme Court quashed the obstacle, saying "there is no evidence in the record to suggest that the drug obtained from a foreign source is unsafe."

The Arizona case has stirred consternation among European human rights advocates, as all nations on the continent have abolished the death penalty. Some, like Britain, have prohibited the export of instruments and materials used in executions.

Reprieve, a British-based human rights organization, and London law firm Leigh Day & Co. have sought to have sodium thiopental included in the list of banned exports. They have also filed a lawsuit on behalf of a Tennessee death row inmate scheduled to die in January.

"The issue in the meantime is the fact that the British, and the Austrians who actually supply the drug to the UK company, are making money off something that they say they disapprove of," said Reprieve's founder, Clive Stafford Smith.

Source: Los Angeles Times, Carol J. Williams, November 8, 2010

Comments

Most viewed (Last 7 days)

Saudi Arabia executed 356 people in 2025, highest number on record

Analysts attribute increase to kingdom’s ‘war on drugs’ as authorities kill 356 people by death penalty Saudi authorities executed 356 people in 2025, setting a new record for the number of inmates put to death in the kingdom in a single year. Analysts have largely attributed the increase in executions to Riyadh’s “war on drugs”, with some of those arrested in previous years only now being executed after legal proceedings and convictions. Official data released by the Saudi government said 243 people were executed in drug-related cases in 2025 alone, according to a tally kept by Agence France-Presse.

The US reporter who has witnessed 14 executions: ‘People need to know what it looks like’

South Carolina-based journalist Jeffrey Collins observed back-to-back executions in 2025 after the state revived the death penalty following a 13-year pause Jeffrey Collins has watched 14 men draw their final breaths. Over 25 years at the Associated Press, the South Carolina-based journalist has repeatedly served as an observer inside the state’s execution chamber, watching from feet away as prison officials kill men who were sentenced to capital punishment. South Carolina has recently kept him unusually busy, with seven back-to-back executions in 14 months.

Georgia parole board suspends scheduled execution of Cobb County death row prisoner

The execution of a Georgia man scheduled for Wednesday has been suspended as the State Board of Pardons and Paroles considers a clemency application.  Stacey Humphreys, 52, would have been the state's first execution in 2025. As of December 16, 2025, Georgia has carried out zero executions in 2025. The state last executed an inmate in January 2020, followed by a pause due to COVID-19. Executions resumed in 2024, but none have occurred this year until now. Humphreys had been sentenced to death for the 2003 killings of 33-year-old Cyndi Williams and 21-year-old Lori Brown, who were fatally shot at the real estate office where they worked.

Oklahoma board recommends clemency for inmate set to be executed next week

A voting board in Oklahoma decided Wednesday to recommend clemency for Tremane Wood, a death row inmate who is scheduled to receive a lethal injection next week at the state penitentiary in McAlester.  Wood, 46, faces execution for his conviction in the 2001 murder of Ronnie Wipf, a migrant farmworker, at an Oklahoma City hotel on New Year's Eve, court records show. The recommendation was decided in a 3-2 vote by the Oklahoma Pardon and Parole Board, consisting of five members appointed by either the governor or the state's top judicial official, according to CBS News affiliate KWTV. Oklahoma Gov. Kevin Sitt will consider the recommendation as he weighs whether to grant or deny Wood's clemency request, which would mean sparing him from execution and reducing his sentence to life in prison without the possibility of parole.

USA | Justice Department Encourages New Capital Charges Against Commuted Federal Death Row Prisoners

On Dec. 23, 2024, former President Joseph R. Biden Jr. commuted the sentences of nearly all federal death row prisoners, sparing 37 men from execution. Just 28 days later, on Jan. 20, 2025, newly inaugurated President Donald J. Trump issued an executive order encouraging state and local prosecutors to pursue new charges against those same prisoners, reopening the possibility of capital punishment in state courts.

Burkina Faso to bring back death penalty

Burkina Faso's military rulers will bring back the death penalty, which was abolished in 2018, the country's Council of Ministers announced on Thursday. "This draft penal code reinstates the death penalty for a number of offences, including high treason, acts of terrorism, acts of espionage, among others," stated the information service of the Burkinabe government. Burkina Faso last carried out an execution in 1988.

Iran | Executions in Shiraz, Borazjan, Ahvaz, Isfahan, Ardabil, Rasht, Ghaemshahr, Neishabur

Iran Human Rights (IHRNGO); December 23, 2025: Mahin Rashidi, Abbas Alami, Naser Faraji, Tohid Barzegar and Jamshid Amirfazli, five co-defendants on death row for drug-related offences, were secretly executed in a group hanging in Shiraz Central Prison.  According to information obtained by Iran Human Rights, four men and a woman were hanged in Shiraz (Adel Abad) Central Prison on 17 December 2025. Their identities have been established as Mahin Rashidi, a 39-year-old woman, Abbas Alami, 43, Naser Faraji, 38, Tohid Barzegar, 51, and Jamshid Amirfazli, 45, all Kashan natives.

California | Convicted killer Scott Peterson keeps swinging in court — but expert says he’s not going anywhere but his cell

More than two decades after Laci Peterson vanished from her Modesto, California, home, the murder case that captivated the nation continues to draw legal challenges, public debate and renewed attention. As the year comes to a close, Scott Peterson, convicted in 2004 of murdering his pregnant wife and their unborn son Conner, remains behind bars, serving life without the possibility of parole. His wife disappeared on Christmas Eve in 2002, and a few months later, the remains of Laci and Conner were found in the San Francisco Bay.

M Ravi, the man who defied Singapore regime's harassment, dies

M Ravi never gave up despite the odds stacked against him by the Singapore regime, which has always used its grip on the legal process to silence critics. M Ravi, one of Singapore's best-known personalities who was at the forefront of legal cases challenging the PAP regime over human rights violations, has died. He was 56. The news has come as a shock to friends and activists. Singapore's The Straits Times reported that police were investigating the "unnatural death".

Singapore | Prolific lawyer M Ravi, known for drug death-penalty cases, found dead

Ravi Madasamy, a high-profile lawyer who represented death-row inmates and campaigned against capital punishment, was found dead in the early hours, prompting a police investigation into an unnatural death KUALA LUMPUR — Prolific Singapore lawyer Ravi Madasamy who tried to save Malaysian drug traffickers from the gallows found dead in the early hours with police investigating a case of unnatural death. Lawyer Eugene Thuraisingam, who had previously represented 56-year-old Ravi in court and described him as a friend, said he was deeply saddened by the news.