Texas bought lethal injection drugs from compound pharmacy

Texas has been obtaining lethal injection drugs from a local compounding pharmacy with a history of safety violations, according to records obtained by NPR. The state turned to Rite-Away Pharmacy and Medical Supply in San Antonio after major pharmaceutical companies refused to sell execution drugs.

Inspection documents show Rite-Away was cited over a dozen times in the past decade for issues like failing to maintain clean facilities and correctly label records and drugs. Another Rite-Away branch owned by the same family was accused by federal authorities of fueling the opioid epidemic.

Records from the state Department of Criminal Justice and the federal Drug Enforcement Administration showed that this pharmacy prepared injectable pentobarbital for Texas executions from 2019 through at least late 2023. A former Rite-Away pharmacist confirmed to NPR that state employees would deliver small amounts of pentobarbital powder in unmarked personal vehicles to avoid attention.

“I don't remember any of them ever coming in a DOC vehicle,” the employee said, “because, again, that would attract attention.”

The pharmacist described combining the powder with other ingredients in Rite-Away's sterile room to create the injectable drug. He said only a few staff members knew about the arrangement, which he estimated earned the pharmacy less than $100,000 total.

Records show Texas has used compounding pharmacies before to obtain execution drugs when supplies from manufacturers ran low. However, compounded drugs are not FDA-approved and can pose risks if not prepared properly.

Death penalty opponents argue these revelations raise concerns about Texas' methods. "They're literally relying on those who have been known to cause harm to carry out their death penalty," said Bianca Tylek, director of a nonprofit against prisoner exploitation.

The Texas Department of Criminal Justice declined to comment when asked about its relationship with Rite-Away. The state has several executions scheduled in the coming months but would not say if it plans to use drugs from Rite-Away.

Previous lethal injections in Texas have not always gone smoothly. Witnesses reported seeing one prisoner writhe on the gurney after being injected. Others prisoners said they felt a burning sensation as they died.

NPR's investigation highlights the challenges states face in obtaining execution drugs and raises questions about their quality and safety. As the debate over capital punishment continues, increased scrutiny of drug sources and methods seems likely.