Skip to main content

Records Show Tennessee Officials Have Spent Nearly $600,000 of Taxpayer Funds for Lethal Injection Drugs Since 2017

According to records request­ed by The Tennessean, between 2017 and 2025 the Tennessee Department of Correction (TDOC spent near­ly $600,000 of tax­pay­er funds obtain­ing drugs for lethal injec­tion exe­cu­tions.

Specific infor­ma­tion about the drugs’ sources and ori­gins remains unknown because of the state’s secre­cy pro­vi­sions. During this time peri­od sev­en exe­cu­tions were car­ried out: five by elec­tro­cu­tion, two by lethal injection.

The TDOC ini­tial­ly refused to respond to The Tennessean’s February 2025 records request for drug invoic­es, cit­ing state secre­cy law that shields infor­ma­tion about the drugs, the drug sup­pli­er and the indi­vid­u­als involved in exe­cu­tions. 

In response, the news group point­ed to spe­cif­ic lan­guage in the law that per­mits the state to reveal the cost of the drugs, but not the iden­ti­ty of the drug man­u­fac­tur­er. In March 2025, TDOC released to The Tennessean nine high­ly-redact­ed pages, reveal­ing the costs asso­ci­at­ed with each invoice — but no dates, drug quan­ti­ties pur­chased, or drug sources.

The nine invoic­es total $588,169.50, with the sin­gle largest invoice amount­ing to $525,000. One pay­ment for $19,031.28, match­es an August 2018 lethal injec­tion drug invoice pre­vi­ous­ly obtained by The Guardian

In 2018, Tennessee used a three-drug exe­cu­tion pro­to­col begin­ning with mida­zo­lam, fol­lowed by vecuro­ni­um bro­mide and potas­si­um chlo­ride. In December 2024, the state announced a shift in its lethal injec­tion process to a one-drug pro­to­col using pentobarbital.

With no trans­paren­cy we can’t know where the drugs are com­ing from, but $500,000 to me is an indi­ca­tion that they came from a gray mar­ket source…That’s just a huge amount of mon­ey, so some­body is prof­it­ing off of these state exe­cu­tions, and they’re prof­it­ing using taxpayer dollars.
— Kelley Henry, Supervisory Assistant Federal Public Defender in Tennessee.


Since the 2010s, many phar­ma­ceu­ti­cal com­pa­nies have refused to pro­vide states with their med­i­cines and drugs for use in exe­cu­tions, and as a result, some states began to pro­cure drugs using less con­ven­tion­al means, turn­ing to over­seas phar­ma­cies and local com­pound­ing phar­ma­cies. This shift towards unreg­u­lat­ed com­pound­ing phar­ma­cies, or as fed­er­al pub­lic defend­er Kelley Henry calls it, the ​“gray mar­ket,” means that depart­ments of cor­rec­tions across the coun­try have spent mil­lions of tax­pay­er dol­lars attempt­ing to secure drugs.

In May 2022 Tennessee Governor Bill Lee halt­ed all exe­cu­tions and called for an ​“inde­pen­dent review” of the state’s exe­cu­tion pro­to­col to address a ​“tech­ni­cal over­sight” that led him to stop Oscar Smith’s exe­cu­tion less than a half-hour before it was sched­uled to be car­ried out in April 2022. 

Gov. Lee retained for­mer U.S. Attorney Ed Stanton to con­duct a review of Tennessee’s exe­cu­tion pro­to­col after cor­rec­tion depart­ment offi­cials failed to test the exe­cu­tion drugs for bac­te­r­i­al endo­tox­ins ahead of Mr. Smith’s sched­uled exe­cu­tion. Mr. Stanton’s inde­pen­dent review, which exam­ined all exe­cu­tions car­ried out in the state between 2018 and 2022, and released in December 2022, found that the same lax over­sight that occurred in the lead up to Mr. Smith’s exe­cu­tion had also occurred in the prepa­ra­tions for the sev­en pre­vi­ous exe­cu­tions. 

According to Mr. Stanton’s final report, Tennessee’s pre­vi­ous exe­cu­tion pro­to­col required that the drugs be test­ed for poten­cy, steril­i­ty, and endo­tox­in con­t­a­m­i­na­tion, but TDOC repeat­ed­ly vio­lat­ed that require­ment, test­ing for endo­tox­ins in just one of eight pre­pared lethal injection doses.

Documents released with Mr. Stanton’s report indi­cates that in 2017, while the state relied on pen­to­bar­bi­tal for exe­cu­tions, TDOC offi­cials con­sid­ered acquir­ing the drug from a vet­eri­nar­i­an and inter­na­tion­al man­u­fac­tur­ers, but there were logis­ti­cal con­cerns with inter­na­tion­al trans­port. According to the Associated Press, records reveal that Tennessee’s inter­nal review of its exe­cu­tion pro­to­col cost more than $219,000.

A group of nine death row pris­on­ers have filed a law­suit chal­leng­ing Tennessee’s sole use of pen­to­bar­bi­tal in its revised lethal injec­tion pro­to­col, argu­ing it cre­ates a ​“high risk of a tor­tur­ous death.” 

Earlier this month, the Tennessee Supreme Court sched­uled exe­cu­tion dates for four indi­vid­u­als: Oscar Smith (May 22), Byron Black (August 5), Donald Middlebrooks (September 24), and Harold Nichols (December 11). Mr. Smith and Mr. Black are both par­ties to the law­suit chal­leng­ing the state’s use of pen­to­bar­bi­tal. Tennessee’s last exe­cu­tion was car­ried out in February 2020, with the elec­tro­cu­tion of Nicholas Sutton.

Other states have also spent large sums to acquire lethal injec­tion drugs. A 2021 inves­ti­ga­tion from The Guardian revealed that in 2020, the Arizona Department of Corrections, Rehabilitation, & Reentry, (ADCRR) spent $1.5 mil­lion on 1,000 vials of pen­to­bar­bi­tal all shipped in ​“unmarked jars and box­es.” 

In 2015, Arizona spent $27,000 to pro­cure 1,000 vials of sodi­um thiopen­tal to use in exe­cu­tions from a sup­pli­er in India, after domes­tic pro­duc­ers would not sell the drug for exe­cu­tions. The drugs were seized by the US Customs and Border Protection in Phoenix after the Federal Food and Drug Administration (FDA) warned ADCRR that the pur­chase was illegal.

In Idaho, pub­lic records reveal the state spent more than $150,000 on lethal injec­tion drugs in its efforts to exe­cute Thomas Creech$50,000 in October 2023 and $100,000 in June 2024. 

Recent ren­o­va­tions to the F Block unit at the Idaho Maximum Security Institution to cre­ate an exe­cu­tion prepa­ra­tion room cost an esti­mat­ed $313,915, accord­ing to Idaho Department of Corrections (IDOC) pub­lic infor­ma­tion offi­cer Sanda Kuzeta-Cerimagic. 

The ren­o­va­tions in the exe­cu­tion room are just the first phase of a two-state ren­o­va­tion. The sec­ond stage includes the cre­ation of a secured facil­i­ty for exe­cu­tions via fir­ing squad, which was adopt­ed as an alter­na­tive method of exe­cu­tion in 2023 and made the pri­ma­ry method of exe­cu­tion in March 2024.

Phase two con­struc­tion costs are esti­mat­ed at $952,589, as report­ed by the Idaho Capital Sun.

Source: Death Penalty Information Center, Hayley Bedard, March 25, 2025




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



Comments

Most viewed (Last 7 days)

Florida executes Daniel Owen Conahan Jr.

In Florida’s 15th execution this year, man put to death for killing linked to ‘Hog Trail Murders’  A Florida man convicted in one of a series of suspected killings that became known as the “Hog Trail Murders” in the 1990s was put to death Thursday, becoming the state’s 15th person executed this year.  Daniel Owen Conahan Jr., 72, was pronounced dead at 6:12 p.m. after receiving a 3-drug lethal injection at Florida State Prison near Starke. He had been sentenced to die for the 1996 kidnapping and strangling of Richard Allen Montgomery, whose mutilated body was found in a wooded southwest Florida area where authorities found the remains of at least 6 people over a 3-year span.

Florida to execute William Thompson after nearly 48 years on death row

On Sept. 11, Gov. Ron DeSantis issued a death warrant for William Thompson, convicted of the 1976 kidnapping, rape, and murder of 23-year-old Sally Ivester. Thompson, now 74, and another man were staying in a Miami Beach hotel room with Ivester and another woman, according to court records. After Ivester was unable to get money from her mother, the men beat and tortured her, prosecutors said. She died from internal bleeding and multiple injuries. Thompson was convicted in 1978 of kidnapping, rape, and first-degree murder.

Singapore | Ministry of Home Affairs refutes claims that death penalty was discussed during visit by Israel's security ministry

The Ministry of Home Affairs says discussions with the Israeli government involved the sharing of best practices in emergency response, crime prevention, and forensics. Issues relating to the death penalty “were never part of the meeting and were not discussed."  SINGAPORE: The Ministry of Home Affairs (MHA) on Friday (Sep 11) refuted claims by an Israeli media outlet that the death penalty was discussed during a visit by an Israeli delegation in May. The Haaretz newspaper reported on Sep 7 that a delegation comprising representatives from the Israel Prison Service and National Security Ministry made a “secret visit” to Singapore that month.

Afghanistan | Signs that horrific brutality is set to return

Kneeling next to a ditch, deep in the rugged mountains of Afghanistan, a 22-year-old woman draws her last breath in a 'desert court' before she is shot in the back with an AK-47. Her executioner? Likely her hardline militant husband, in what the Taliban consider an 'honour killing'.  It took less than an hour to decide Najiba had been adulterous – although it has been suggested this accusation was fabricated to protect her husband's reputation. Adultery is a crime that deserves capital punishment under the Taliban's strict interpretation of Sharia law. Fourteen years on from her death, little is known about her story, like many women slowly being erased from the fabric of Afghan society. 

California | He spent 19 years on death row. His conversion to Judaism helped him endure

Johnny Morales struggled to find sleep. He dozed off for a few moments, but officers came to his death row cell and woke him a little after midnight. They needed to inventory and box up his belongings. He was leaving San Quentin.  Hands cuffed behind his back, he walked across the empty upper yard in the dim gray hours before daylight. An officer walked alongside him step for step, black latex-gloved fingers holding onto Morales’s arm. For almost 20 years, Morales could only experience the world outside his 4-by-11 foot cell in the condemned housing unit like this—chained and escorted by officers. Security protocols required all death row residents be handcuffed or shackled any time they were out in open space with staff.

California | Becerra vows to extend moratorium despite past support for capital punishment

SACRAMENTO—Democrat Xavier Becerra defended the death penalty while serving as California’s attorney general, a punishment his office actively sought in the case of a gunman convicted of an Orange County mass shooting, but as the front-running candidate for governor, he has vowed to block executions if elected in November. Becerra said he will extend the blanket reprieve for all death row inmates that Gov. Gavin Newsom enacted by executive order in 2019, saying he supported “moving our state away from a costly, flawed system that disproportionately impacts Black and brown communities and too often gets it wrong.”

Alabama | Lethal injection for double murderer set for Thursday after court blocked nitrogen hypoxia execution in June

Alabama plans to execute Jeffery Lee on Thursday via lethal injection after a down-to-the-wire decision by the federal courts halted his death by nitrogen hypoxia in June. In response, Gov. Kay Ivey set the 30-hour window for the execution to be carried out by lethal injection beginning at 12 a.m. on Thursday, September 17, and expiring at 6 a.m. on Friday, September 18. Barring any further court action, the execution will take place at Holman Correctional Facility in Atmore.

Iran | Afghan Citizen Executed in Wheelchair Due to Severe Mobility Disability

KABUL, AFGHANISTAN – Iranian authorities have reportedly executed an Afghan citizen, identified as Valijan Nourzay, at the central prison in Rafsanjan, according to the human rights organization Hengaw. Hengaw said in a statement on Sunday, September 6, that Nourzay was executed early Wednesday last week at Rafsanjan Central Prison. According to the organization, Nourzay had a severe mobility disability and was executed while in a wheelchair. Hengaw, citing informed sources, reported that Nourzay had been pursued by Iranian authorities three years ago over an alleged murder. He was reportedly seriously wounded after Iranian security forces opened fire on him in Rafsanjan before being arrested and later sentenced to death.

He Spent 27 Years on Death Row as a Wrongfully Convicted Man. What Comes Next?

23-hour solitary confinement. 115-degree heat. Jimmie Duncan is haunted by the decades he spent in Louisiana’s Angola Prison—and how, even after being released, he still isn’t truly free. Jimmie “Chris” Duncan wiped the sweat off his forehead as he assessed his temporary home from the parking lot of a rundown motel in central Louisiana. Sure, there’s drug dealing and prostitution, he said on a recent summer afternoon. And he suspected his neighbors were cooking meth on a floor below the room he paid $350 a week to rent.

Egypt TV presenter and 11 others sentenced to death in major drugs case

Egyptian television presenter Sarah Khalifa and 11 others have been sentenced to death by hanging after being convicted of drug trafficking and rape, while nine defendants received life sentences and seven were acquitted. Egyptian television presenter Sarah Khalifa, 39, has been sentenced to death by hanging along with 11 other defendants after being found guilty in a drugs case involving a criminal gang accused of importing ingredients used to manufacture narcotics for sale.