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Short Supply of Drugs Allowed for Use in Montana Executions
By abcnews.go.com- Matt Volz
Published: 10/12/2015

A recent court ruling limits Montana to using one of three drugs in its lethal injections, but those drugs are either not made in the U.S., are barred from being imported or the manufacturer refuses to sell the drug for executions.

That leaves few options for the state to execute either of its two death-row inmates following District Judge Jeffrey Sherlock's ruling on Tuesday. If the state is unable to obtain any of the three drugs, it won't be able to carry out executions unless the Legislature changes state law in 2017 or the Montana Supreme Court overturns the Helena judge's decision on appeal.

"Essentially, the pharmaceutical companies don't want to be associated with executions," Death Penalty Information Center Executive Director Robert Dunham said Wednesday. "They have said their corporate mission is to save lives, not take lives."

Montana law requires that lethal injections be administered by an "ultra-fast acting barbiturate" in combination with a chemical paralytic agent. Death-row inmates Ronald Allen Smith and William Gollehon filed a legal challenge to the state's plan to use the barbiturate pentobarbital, arguing that the drug does not meet the "ultra-fast acting" standard.

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