Skip to main content

California considers making its own lethal drugs for the death penalty

Under new rules proposed by the California Department of Corrections and Rehabilitation, prison officials would be allowed to manufacture barbituates to carry out the death penalty at its own compounding pharmacies, immunizing prison officials from the growing problem of pharmaceutical companies refusing to sell lethal drugs for the purpose of killing the condemned.

Last week, pharmaceutical giant Pfizer announced it would no longer allow states to buy its drugs to put people to death. Pfizer's decision won't affect California because it does not manufacture the 4 drugs prison officials propose to use in the new regime now under consideration.

The plan would allow prison authorities to use 1 of 4 barbiturates for lethal injection: amobarbital, pentobarbital, secobarbital and thiopental.

Amid court challenges to lethal injection and a shortage of drugs, the state hasn't executed anyone in more than a decade.

CDCR spokeswoman Terry Thornton declined to comment on Pfizer's decision - nor that of other companies now refusing to sell the barbituates California would need. But she pointed out language in the current proposal that lays out the department's options, which include sidestepping the big drug companies altogether.

"California law requires that state resources be utilized when available before contracting with private sources for good or services is permitted. CDCR has compounding pharmacies," the proposal states. It goes on to say if the department cannot compound the chemical, it is "permitted to contract with a private non-state compound pharmacy."

Unlike regular pharmacies that sell major label drugs, compounding pharmacies manufacture their own drugs, often in doses designed for individual patients.

The state prison system indeed has its own pharmacies that are licensed to produce "sterile and injectable drugs," said Megan McCracken, a law professor at the death penalty clinic at the Berkeley School of Law. That would include the barbituates California wants to use.

But prison officials have been vague about how that would work and whether they would also use private compounding pharmacies, said McCracken. While such pharmacies are less regulated than big drug companies, they must follow certain guidelines.

They are prohibited from simply copying barbituates and other drugs already on the market, she said. They also require the pre-existence of a doctor patient relationship, a patient with a particularized need, and a prescription for the specific compound from the doctor.

"Do doctors want to write these prescriptions that are putting their patients to death?" asked McCracken, who does not take a position on the death penalty.

Texas, Georgia and Missouri already use a one drug procedure by injecting compounded pentobarbital. It's unclear if they make it at prison pharmacies or use private companies, said McCracken, because states are increasingly secretive about how they are getting their lethal injection drugs.

Another concern with compounded drugs is their quality.

"There is a higher risk the dose will be wrong," said Anna Zamora of the American Civil Liberties Union of Northern California, which opposes the death penalty. "At the end of the day, my biggest concern is botched executions in California."

Supporters of the death penalty are equally frustrated with drugs companies refusing to sell the drugs needed to carry out lethal injections, and support the state's effort to get the drugs in other ways.

"This is an ongoing debate across America and I don't want to argue with the companies over whether its proper," said San Bernardino District Attorney Mike Ramos. "It's their company."

"The biggest frustration for me is the victim. They deserve justice," said Ramos, who chairs the campaign for a November ballot initiative designed to speed executions in California.

A 2nd initiative expected to appear on the ballot would eliminate the death penalty in California.

In the meantime, the Department of Corrections and Rehabilitation continues to take public comment on its proposed regulations through July 11. By law, the department must consider and respond to each comment. Prison officials could chose to change the proposed regulations based on the comments.

Source: scpr.org, May 19, 2016

- Report an error, an omission: deathpenaltynews@gmail.com - Follow us on Facebook and Twitter

Most viewed (Last 7 days)

20 Minutes to Death: Witness to the Last Execution in France

The following document is a written record of convicted killer Hamida Djandoubi's last moments before he was guillotined in a Marseilles prison on September 10, 1977. This written record -- dated September 9 -- was written by a judge appointed to witness the execution. Djandoubi's execution was the last execution carried out in France before capital punishment was abolished in 1981. Then-President Valéry Giscard d'Estaing, who had voiced his "loathing for the death penalty" before he was elected to office, flatly turned down Djandoubi's appeal for clemency and chose to let "Justice run its course", as he did on two previous instances ( Christian Ranucci , executed on July 28, 1976 and Jérôme Carrein , executed on June 23, 1977). Hamida Djandoubi , a Tunisian national, was sentenced to death for killing his former lover, Elisabeth Bousquet. He was executed in Marseilles' Baumettes prison in September 1977. The following text was writ...

Texas: Dexter Darnell Johnson to die on August 15; Larry Ray Swearingen on August 21

Dexter Darnell Johnson's execution is scheduled to occur at 6 pm CDT, on Thursday, August 15, 2019, at the Walls Unit of the Huntsville State Penitentiary in Huntsville, Texas.  31-year-old Dexter is convicted of the murder of 23-year-old Maria Aparece and 17-year-old Huy Ngo on June 18, 2006, in Houston, Texas.  Dexter has spent the last 11 years of his life on Texas’ death row. Dexter was born and raised in Texas. He dropped out of school following the 9th grade. During the early morning hours of June 18, 2006, Dexter Johnson and 4 of his friends, Ashley Ervin, Louis Ervin, Keithron Fields, and Timothy Randle, were driving around in Ashley’s car, looking for someone to rob. The group discovered Maria Aparece and Huy Ngo siting in Maria’s vehicle on the street. Johnson took a shot gun and stood outside the driver’s side door, threatening to shoot Maria if she did not cooperate. Johnson demanded she open the door, and when she did, he threw her into the ...

U.S. | These States Don’t Want You to See the Cruelty of Their Executions

The use of the death penalty has risen sharply in the United States, with more executions in 2025 than any year since 2009. It is a cruel and unjust development. In theory, the death penalty is reserved for “the worst of the worst.” In practice, it is very different. People who are executed for their crimes are disproportionately poor or intellectually disabled and often lacked good lawyers. They are also more likely to be sentenced to death if they have been convicted of killing a white person. Anthony Boyd, who maintained his innocence until Alabama executed him last year at age 54, had an inexperienced court-appointed lawyer and was convicted on disputed eyewitness testimony. Charles Flores, 56, has spent 27 years on death row in Texas for a murder conviction based solely on unreliable testimony from a hypnotized witness. Robert Roberson, who has autism, remains on death row there despite having been convicted on now-debunked evidence that he had shaken his daughter to death.

Alabama | Death row inmate granted clemency shares emotional message on day he was set to die

Alabama governor commuted death sentence of Charles Burton, 75, who didn't kill anyone An Alabama man who was outside a building when a man was killed in an armed robbery is looking at life as "a gift from God" after being granted clemency by the state’s governor just days before he was scheduled to be executed.  Charles "Sonny" Burton, 75, was sentenced to death for his role in the robbery of a Talladega AutoZone store that left a man dead in 1991.  While Burton left the store before Derrick DeBruce gunned down customer Doug Battle, he was tried and convicted as an accomplice, with prosecutors insisting Burton acted as the group’s leader in the armed robbery. 

Texas executes Cedric Ricks

A Texas man was put to death Wednesday evening for fatally stabbing his girlfriend and her 8-year-old son in 2013, apologizing profusely to her older son who survived with multiple stab wounds and witnessed the execution.  Cedric Ricks, 51, was pronounced dead at 6:55 p.m. CDT following a lethal dose of the sedative pentobarbital at the state penitentiary in Huntsville.  He was condemned for the May 2013 killings of 30-year-old Roxann Sanchez and her son Anthony Figueroa at their apartment in the greater Dallas-Fort Worth suburb of Bedford. Sanchez’s 12-year-old son, Marcus Figueroa, was stabbed 25 times and feigned death in order to survive.

Vietnam | 4 get death penalty in Ho Chi Minh City's drug trafficking ring

The People's Court of Ho Chi Minh City on Thursday sentenced four defendants to death for their roles in a large-scale drug trafficking ring in the city. Those receiving the death penalty for "illegal trading narcotic substances" were Nguyen Binh Dai (born in 1988), Mac Vinh Khiem (1991), Thai Duy Quang (1990), and Nguyen Binh Trieu (1972), all residents of HCMC. In the same case, Tran Tong Dung, born in 1974, was sentenced to 30 years in prison for illegal drug trading and storage. Huynh My Ngoc (2002), Thach Ngoc Yen Vy (2001), and Nguyen Dai Nghia (1997) received life sentences, while Pham Thanh Phuong (1997) from An Giang Province was sentenced to 20 years in jail for illegally transporting drugs.

Florida executes Michael King

Killer of stay-at-home mom whose death led to 911 reform is executed Michael King kidnapped Denise Amber Lee from her Florida home in broad daylight in 2008. If it weren't for a botched 911 call, Lee may have survived the ordeal.  Florida has executed a death row inmate for the rape and murder of a stay-at-home mom whose death exposed the vulnerabilities of the 911 system nationwide and led to reform within the industry.  Michael King, 54, was executed by lethal injection on Tuesday, March 17, for the kidnapping, rape and murder of 21-year-old Denise Amber Lee. King abducted the married mother of 2 young sons from her home in broad daylight on Jan. 17, 2008, less than an hour before Lee's husband returned from work. 

Missouri Man Said DNA Test Could Prove Innocence. He Was Executed Before a Court Ruled.

Lance Shockley died by lethal injection last year. State courts have rejected prisoners’ requests for DNA testing in recent years. Lance Shockley, a man on death row in Missouri, wanted items from the crime scene to undergo DNA testing to potentially prove his innocence. The court scheduled proceedings on his request — but the date set was for two days after his execution. Patty Prewitt can’t have her DNA tested — and fully clear her name — because her sentence was commuted and she is no longer in prison. And others, including Lamar McVay, who is serving 30 years for a robbery, can’t even get an answer from the state on his DNA testing request. He's still awaiting a ruling on a motion he filed in September 2022.

Texas Death Row Prisoner Andre Thomas Too Mentally Ill to Attend His Own Competency Hearing, Doctor Warns

A March 9, 2026, com­pe­ten­cy hear­ing for Andre Thomas, a death-sen­tenced pris­on­er in Texas, has been post­poned to an unspec­i­fied date because of con­cerns that Mr. Thomas is too men­tal­ly ill to be trans­port­ed to his com­pe­ten­cy hear­ing and he could not be re-exam­ined by the State’s expert. Mr. Thomas was sched­uled to be exe­cut­ed in April 2023; how­ev­er, his exe­cu­tion date was with­drawn in March 2023 , cit­ing con­cerns with his severe men­tal ill­ness (SMI) and com­pe­ten­cy to face execution.

Maldives | Death penalty law for drug trafficking now in effect

MALÉ, Maldives (DPN) — The Maldives has officially brought into force an amendment to its Narcotics Act that introduces the death penalty for large-scale drug trafficking, marking a significant and controversial shift in the island nation’s criminal justice policy. The amended law, which took effect Saturday, March 7, 2026, allows for capital punishment in cases involving the smuggling and importation of specific quantities of illicit substances. The move fulfills a key pledge by President Dr. Mohamed Muizzu’s administration to crack down on the country’s growing narcotics crisis and protect what he has termed the nation’s “100 percent Islamic society.” Thresholds for Capital Punishment Under the new provisions, the death penalty is not a mandatory sentence but an available option for the judiciary when specific criteria are met. The law establishes clear weight thresholds for substances brought into the country: Cannabis: More than 350 grams. Diamorphine (Heroin): More than 250 grams....