Skip to main content

Senate bill would force Virginia to reveal sources of lethal injection drugs

Missouri's death chamber
The last high-profile attempt to learn the source of Virginia’s execution drugs ended in a black bar. In 2016, the Associated Press filed a Freedom of Information Act request to learn which pharmacy had provided the state’s Department of Corrections with materials for its next two executions. The department provided the receipts for the drugs, but redacted the name of the pharmacy.

It was legal under a law passed the same year, which enabled the state to purchase drugs from compounding pharmacies instead of relying on pharmaceutical companies. The legislation, proposed by then-Gov. Terry McAuliffe, also allowed the Department of Corrections to hide the names of vendors.

“Frankly, I’ve been concerned about this issue since the code was changed,” said Sen. John Bell, D-Loudoun. One of his bills this session aims to re-introduce transparency to the execution process, declassifying the sources of lethal injection drugs and ensuring that the names of facilities are subject to FOIA requests.

“If there are drugs that are manufactured to kill humans, I think people have the right to know about those drugs,” Bell continued. “This is not a bill intended to make it impossible to carry out lethal executions. This is a bill for safety and transparency.”

The legislation is being considered amidst a national discussion over the hazards and morality of lethal injection and other forms of capital punishment. Bell said he was motivated partially by concerns that legal execution drugs could be diverted from the corrections system without proper oversight. In 2011, Georgia sold imported sodium thiopental to Kentucky, sparking worries from legal experts that the drug — purchased from a private pharmacy — could find its way to the mainstream market.

But there are also concerns about the quality of the compounds used to carry out executions. Large pharmaceutical companies, which are subject to regulation by the U.S. Food and Drug Administration, have largely stopped selling life-ending drugs to states with the death penalty. Those include the drugs on which Virginia has historically relied for executions, according to the AP: pentobarbital or midazolam (both sedatives), rocuronium bromide (used to stop breathing), and potassium chloride (used to stop the heart).

That’s narrowed down the list of providers for lethal injections. Virginia is one of many states to turn to compounding pharmacies — companies that blend and alter drugs — as a source.

Bell said the facilities often produce specialty medications or drugs for rare conditions, but can also provide chemicals for executions.

“If you can’t buy these drugs off the market, you have to get them custom-made,” he said. “And that’s forced the Department of Corrections, if they need to carry out a sentence, to get a compounding pharmacy who can make them.”

While compounding pharmacies are licensed and overseen by the state’s Board of Pharmacy, they aren’t always subject to the same FDA regulations as pharmaceutical manufacturers. Unless a compounder registers as an outsourcing facility, the FDA doesn’t verify the safety or effectiveness of their products.

That’s led to notable failures in safety, for both mainstream consumers and inmates. The FDA has reported “troubling conditions” at compounding facilities, including pet beds near compounding areas and toaster ovens used for sterilization. In 2012, more than 60 people died after a compounding pharmacy in Massachusetts shipped fungus-infected drugs that were injected into the spines and joints of roughly 14,000 people.

Virginia’s shield law makes it impossible to know whether the state sources lethal injection drugs from reliable sources. But in Texas, another death penalty state, a 2018 investigation found that officials purchased drugs from a compounding pharmacy with 48 safety violations over an eight-year period.

Virginia’s Board of Pharmacy maintains a database of registered compounding pharmacies and outsourcing facilities, according to Diane Powers, communications director for the state’s Department of Health Professions. License verification, and disciplinary actions, are publicly available, but navigating a search is difficult without knowing the name or license number of a facility.

Problems with drug safety have driven appeals from inmates scheduled to receive lethal injections. Convicted mass murderer Ricky Gray, one of the last prisoners to be executed in Virginia, unsuccessfully petitioned for a stay of execution in 2016, arguing that the state’s three-drug cocktail would “chemically torture [him] to death.” An independent pathologist later reported that something went wrong during Gray’s execution, saying the autopsy indicated an acute pulmonary edema that likely felt similar to drowning.

Bell said he had his own concerns about sourcing. His bill would also require the Board of Pharmacy to submit an annual report to the General Assembly’s health committees with the number of compounding pharmacies or outsourcing facilities licensed by the state and the names of any companies cited for violations.

“That way, we would know who the bad actors are and can make sure we’re not supplying from these companies,” he said. “We want them to tell us which compounding facilities aren’t following the rules.”

His bill narrowly passed the Senate in a 21-19 party line vote on Feb. 4 and was reported from a House committee earlier this week. But some lawmakers have expressed similar concerns to McAuliffe’s in 2016, arguing that compounding pharmacies would refuse to supply the drugs if their identities were subject to FOIAs.

“It had been a long-standing policy by the Department of Corrections,” Del. Robert Orrock, R-Caroline, said during a Tuesday committee hearing. “Their concern was that by having providers of the chemicals subject to FOIA, that would make it very problematic for them being able to procure the drugs from any source.”

Lisa Kinney, communications director for the VADOC, wrote in an email that the department does not have a position on the bill. Bell said that other states have still been able to carry out executions after their shield laws were weakened or repealed.

That includes Missouri, which was forced to reveal the names of two pharmacies after losing a lawsuit filed by a group of media outlets.

Since 1976, Virginia has carried out the 2nd-highest number of executions in the country, 2nd only to Texas, according to the nonprofit Death Penalty Information Center. But the state hasn’t executed an inmate since 2017, when William Morva was put to death for killing an unarmed security guard and deputy sheriff in Montgomery County.

A bill to abolish the death penalty failed in early February after a Senate panel voted to defer it until next year.

Source: Virginia Mercury, Staff, February 27, 2020


⚑ | Report an error, an omission, a typo; suggest a story or a new angle to an existing story; submit a piece, a comment; recommend a resource; contact the webmaster, contact us: deathpenaltynews@gmail.com.


Opposed to Capital Punishment? Help us keep this blog up and running! DONATE!



"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted." -- Oscar Wilde

Most viewed (Last 7 days)

Tennessee executes Harold Wayne Nichols

Thirty-seven years after confessing to a series of rapes and the murder of Karen Pulley, Nichols expressed remorse in final words Strapped to a gurney in the execution chamber at Riverbend Maximum Security Institution Thursday morning, Harold Wayne Nichols made a final statement.  “To the people I’ve harmed, I’m sorry,” he said, according to prison officials and media witnesses. “To my family, know that I love you. I know where I’m going to. I’m ready to go home.”

USA | Should Medical Research Regulations and Informed Consent Principles Apply to States’ Use of Experimental Execution Methods?

New drugs and med­ical treat­ments under­go rig­or­ous test­ing to ensure they are safe and effec­tive for pub­lic use. Under fed­er­al and state reg­u­la­tions, this test­ing typ­i­cal­ly involves clin­i­cal tri­als with human sub­jects, who face sig­nif­i­cant health and safe­ty risks as the first peo­ple exposed to exper­i­men­tal treat­ments. That is why the law requires them to be ful­ly informed of the poten­tial effects and give their vol­un­tary con­sent to par­tic­i­pate in trials. Yet these reg­u­la­tions have not been fol­lowed when states seek to use nov­el and untest­ed exe­cu­tion meth­ods — sub­ject­ing pris­on­ers to poten­tial­ly tor­tur­ous and uncon­sti­tu­tion­al­ly painful deaths. Some experts and advo­cates argue that states must be bound by the eth­i­cal and human rights prin­ci­ples of bio­med­ical research before using these meth­ods on prisoners.

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.

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.

China | Former Chinese senior banker Bai Tianhui executed for taking US$155 million in bribes

Bai is the second senior figure from Huarong to be put to death for corruption following the execution of Lai Xiaomin in 2021 China has executed a former senior banker who was found guilty of taking more than 1.1 billion yuan (US$155 million) in bribes. Bai Tianhui, the former general manager of the asset management firm China Huarong International Holdings, was executed on Tuesday after the Supreme People’s Court approved the sentence, state broadcaster CCTV reported.

Iran | Child Bride Saved from the Gallows After Blood Money Raised Through Donations, Charities

Iran Human Rights (IHRNGO); December 9, 2025: Goli Kouhkan, a 25-year-old undocumented Baluch child bride who was scheduled to be executed within weeks, has been saved from the gallows after the diya (blood money) was raised in time. According to the judiciary’s Mizan News Agency , the plaintiffs in the case of Goli Kouhkan, have agreed to forgo their right to execution as retribution. In a video, the victim’s parents are seen signing the relevant documents. Goli’s lawyer, Parand Gharahdaghi, confirmed in a social media post that the original 10 billion (approx. 100,000 euros) toman diya was reduced to 8 billion tomans (approx. 80,000 euros) and had been raised through donations and charities.

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.

Afghanistan's Taliban rulers carry out public execution in sports stadium

The man had been convicted of killing 13 members of a family, including children, and was executed by one of their relatives, according to police. Afghanistan's Taliban authorities carried out the public execution of a man on Tuesday convicted of killing 13 members of a family, including several children, earlier this year. Tens of thousands of people attended the execution at a sports stadium in the eastern city of Khost, which the Supreme Court said was the eleventh since the Taliban seized power in 2021 in the wake of the chaotic withdrawal of US and NATO forces.

Who Gets Hanged in Singapore?

Singapore’s death penalty has been in the news again.  Enshrined in law in 1975, a decade after the island split from Malaysia and became an independent state, the penalty can see people sentenced to hang for drug trafficking, murder or firearms offenses, among other crimes. Executions have often involved trafficking under the Misuse of Drugs Act, with offenses measured in grams.  Those executed have included people from low-income backgrounds and foreign nationals who are sometimes not fluent in English, according to human rights advocates such as Amnesty International and the International Drug Policy Consortium. 

Afghanistan | Two Sons Of Executed Man Also Face Death Penalty, Says Taliban

The Taliban governor’s spokesperson in Khost said on Tuesday that two sons of a man executed earlier that day have also been sentenced to death. Their executions, he said, have been postponed because the heir of the victims is not currently in Afghanistan. Mostaghfer Gurbaz, spokesperson for the Taliban governor in Khost, also released details of the charges against the man executed on Tuesday, identified as Mangal. He said Mangal was accused of killing members of a family.