Austin American-Statesman

Texas’ lethal drug seized

FDA intercepts delivery from India; state cites clearance by the DEA.

- By Andy East aeast@statesman.com

The U.S. Food and Drug Administra­tion intercepte­d an internatio­nal shipment of an unapproved lethal injection drug called sodium thiopental that was ordered by the Texas Department of Criminal Justice, a federal official said Friday.

The shipment originated in India in July, according to the online news site Buzzfeed, which first reported the seized shipment.

“FDA has detained and is holding shipments of sodium thiopental that the state correction­al facilities in Arizona and Texas attempted to import into the United States,” FDA spokesman Jeff Ventura said. “Courts have concluded that sodium thiopental for the injection in humans is an unapproved drug and may not be imported into the country for this purpose.”

But Texas Department of Criminal Justice spokesman Jason Clark said that state officials had received federal clearance to import the drug.

“The Texas Department of Criminal Justice obtained an import license from the Drug Enforcemen­t Administra­tion prior to the importatio­n,” Clark said. “In accordance with federal law and prior to shipment of the drug, TDCJ filed notice with the DEA of the anticipate­d shipment.”

Clark said the state acquired the license on Jan. 21 and noti-

fied the DEA “more than two weeks prior to its arrival.” He wouldn’t say how much the state paid for the shipment or where it came from, citing a new state law that keeps the source of execution drugs secret.

Sodium thiopental is an anesthetic that had been used in conjunctio­n with two other drugs to perform lethal injections in Texas. Death penalty states have struggled to find new suppliers of execution drugs amid a nationwide shortage. Texas stopped using sodium thiopental in 2011 because it couldn’t identify a supplier, and switched to pentobarbi­tal and other drugs. The state has been using pentobarbi­tal alone since 2012.

Clark wouldn’t say whether Texas was considerin­g using a different execution drug but said there was enough pentobarbi­tal to execute all 253 inmates on death row.

In 2013, the U.S. Court of Appeals in Washington, D.C., ruled that the FDA could no longer allow the importatio­n of sodium thiopental because the drug lacks FDA approval.

The seized shipment highlights a regulatory overlap between the FDA and DEA. The FDA regulates prescripti­on and nonprescri­ption drugs — including sodium thiopental. But the drug is also a Schedule III controlled substance, which falls under DEA jurisdicti­on.

DEA spokeswoma­n Barbara Carreno said it is possible that Texas could have obtained a permit to import the drug despite the FDA prohibitin­g the drug.

The news of the shipment has worried death penalty opponents, who cite concerns about the secrecy surroundin­g the state’s lethal injection program. “It shouts for the need for transparen­cy,” said Maurie Levin, one of the lawyers representi­ng complainan­ts in a federal lethal injection case in Houston. “Nobody knew that Texas was attempting to obtain sodium thiopental.”

A new law that went into effect in September allows state prison officials to keep confidenti­al the names of pharmacies or companies that sell execution drugs to Texas.

The Texas House sponsor of the bill, Rep. John Smithee, R-Amarillo, said secrecy was needed to protect pharmacies from retaliatio­n, but Democrats argued that the protection is unnecessar­y because there have been no proven cases of such threats.

Condemned inmates and defense lawyers can still learn when the drug was purchased, when it expires and results of lab tests on the drug’s potency and purity.

News of the shipment has worried death penalty opponents.

 ?? ASSOCIATED PRESS 1995 ?? Bars separate the “death bed” from the witness viewing room in 1995 at a correction­s unit in Huntsville. The recently seized shipment of sodium thiopental highlights a regulatory overlap between the FDA and DEA. A new law allows state prison officials...
ASSOCIATED PRESS 1995 Bars separate the “death bed” from the witness viewing room in 1995 at a correction­s unit in Huntsville. The recently seized shipment of sodium thiopental highlights a regulatory overlap between the FDA and DEA. A new law allows state prison officials...

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