The synthetic painkiller fentanyl has been the driving force behind the nations opioid epidemic, killing tens of thousands of Americans last year in overdoses. Now two states want to use the drugs powerful properties for a new purpose: to execute prisoners on death row.
As Nevada and Nebraska push for the countrys first fentanyl-assisted executions, doctors and death penalty opponents are fighting those plans. They have warned that such an untested use of fentanyl could lead to painful, botched executions, comparing the use of it and other new drugs proposed for lethal injection to human experimentation.
States are increasingly pressed for ways to carry out the death penalty because of problems obtaining the drugs they long have used, primarily because pharmaceutical companies are refusing to supply their drugs for executions.
The situation has led states such as Florida, Ohio and Oklahoma to turn to novel drug combinations for executions. Mississippi legalized nitrogen gas this spring as a backup method something no state or country has tried. Officials have yet to say whether it would be delivered in a gas chamber or through a gas mask.
Other states have passed laws authorizing a return to older methods, such as the firing squad and the electric chair.
Were in a new era, said Deborah Denno, a law professor at Fordham University. States have now gone through all the drugs closest to the original ones for lethal injection. And the more they experiment, the more theyre forced to use new drugs that we know less about in terms of how they might work in an execution.
Supporters of capital punishment blame critics for the crisis, which comes amid a sharp decline in the number of executions and decreasing public support for the death penalty. States have put 23 inmates to death in 2017 the second-fewest executions in more than a quarter-century. Nineteen states no longer have capital punishment, with a third of those banning it in the past decade.
If death penalty opponents were really concerned about inmates pain, they would help reopen the supply, said Kent Scheidegger of the Criminal Justice Legal Foundation, which advocates for the rights of crime victims. Opponents caused the problem were in now by forcing pharmaceuticals to cut off the supply to these drugs. Thats why states are turning to less-than-optimal choices.
Prison officials in Nevada and Nebraska have declined to answer questions about why they chose to use fentanyl in their next executions, which could take place in early 2018. Many states cloak their procedures in secrecy to try to minimize legal challenges.
But fentanyl offers several advantages. The obvious one is potency. The synthetic drug is 50 times more powerful than heroin and up to 100 times more powerful than morphine.
Theres cruel irony that at the same time these state governments are trying to figure out how to stop so many from dying from opioids, that they now want to turn and use them to deliberately kill someone, said Austin Sarat, a law professor at Amherst College who has studied the death penalty for more than four decades.
Another plus with fentanyl: It is easy to obtain. Although the drug has rocketed into the news because of the opioid crisis, doctors frequently use it to anesthetize patients for major surgery or to treat severe pain in patients with advanced cancer.
Nevada officials say they had no problem buying fentanyl.
We simply ordered it through our pharmaceutical distributor, just like every other medication we purchase, and it was delivered, Brooke Keast, a spokeswoman for the Nevada Department of Corrections, said in an email. Nothing out of the ordinary at all.
