BREAKING: Texas Supplies its Execution Drugs from a Pharmacy That Has Been Sanctioned by the DEA

Dear Friends,

I want to make sure you’ve seen today’s breaking investigation by NPR’s Chiara Eisner, revealing that Texas sources its execution drugs from a pharmacy that has been hit with multiple serious violations by the Drug Enforcement Agency.

Texas is the most prolific executor in the US. It is also one of the most secretive. In 2015, the state introduced a secrecy policy to prevent the identity of its drug supplier from being made public, depriving Texans of this vital information and obscuring unethical and dangerous practices that put public health at risk.

The breaking NPR investigation revealed that Texas receives its execution drugs from Rite Away, a chain of six pharmacies around San Antonio and Austin. In January 2022, the DEA filed a lawsuit against Rite Away alleging that they had dispensed controlled substances including fentanyl without valid prescriptions, ignored obvious red flags of diversion and abuse, and failed to keep accurate records.  The DEA threatened to shut down a branch of Rite Away entirely. Instead, the owners agreed to pay $275,000 in fines and were prohibited from selling Schedule II controlled substances.

A 2018 audit revealed that Rite Away’s physical inventory of their stock of controlled substances was 45,000 units short of the records they had filed with the DEA. Rite Away has also been sanctioned repeatedly over many years by the Texas Board of Pharmacy for violations linked to poor record keeping, failure to maintain a sterile environment, and a lack of documentation of staff training. 

This is the latest troubling episode in the state’s long history of employing sweeping secrecy provisions to prevent Texans from knowing where and how the corrections department gets its execution drugs. This secrecy has protected pharmacies that flout safety protocols, extend the expiration date of drugs, and commit other serious violations of state and federal laws, creating risks to public health. 

It is unconscionable that the State of Texas is executing people with drugs supplied by a pharmacy that stands accused of selling opioids to people with addictions and drug dealers. It is time for the federal government to take action. The DEA needs to remove these drugs from Texas’s possession and ensure Rite Away does not continue to risk the health and safety of incarcerated people.  Texas has already executed more than 20 people during the time the documents show Rite Away worked with the state. Another person, Ruben Guttierez, will be executed with these drugs next week unless the Drug Enforcement Agency steps in and stops it from happening.

You can stay up to date on this story by following us on X and you can read Chiara’s entire story on NPR’s website.

With gratitude,