
The Idaho Department of Corrections (IDOC) has admitted to spending $200,000 on lethal injection execution drugs since 2023, all of which have since expired without use. Josh Tewalt, the former director of IDOC said in recent court filings that the drugs in IDOC’s possession expired because of repeated delays associated with scheduling an execution. Sanda Kuzeta-Cerimagic, an IDOC spokesperson, told the Idaho Statesman that the department does not currently have lethal injection drugs in its possession; however, department officials are “confident” they can acquire more execution drugs “should the need arise.” Ms. Kuzeta-Cerimagic added that “there is no return policy on the chemicals, similar to how prescription medications are nonreturnable — but they remain necessary for the state.” As noted by the Statesman, “the department’s prior lethal injection drug purchases were a total financial loss to the state.”
“Given prior delays in the state’s attempts to enforce its death penalty laws, IDOC does not want to purchase the chemicals necessary to carry out … execution by lethal injection until a death warrant is issued because those chemicals are expensive and have a short shelf life.”
Since 2010, most of the largest pharmaceutical companies have refused to provide prisons, including Idaho’s, with drugs for use in executions because of principled opposition to the death penalty. As a result, some states began to procure drugs using less conventional means, turning to overseas pharmacies and local compounding pharmacies. In both 2011 and 2012, Idaho resorted to buying lethal injection drugs from compounding pharmacies with questionable histories in neighboring states. In 2022, Governor Brad Little signed legislation that conceals identifying information on the producers and suppliers of drugs used in executions. Because of continued challenges in acquiring the drugs needed for executions, IDOC called offthe December 2022 scheduled execution of Gerald Pizzuto.
In 2023, an Ada County judge issued a death warrant for Thomas Creech, scheduling an execution date for November 2023. This execution date was postponed in order to provide Mr. Creech with a full clemency hearing, which took place in January 2024. When he was denied clemency, the court scheduled another execution date for February 28, 2024. IDOC attempted to carry out Mr. Creech’s execution, the state’s first execution since 2012, but ultimately failed to execute him after an hour of repeated attempts to establish the IV line needed for the lethal injection drugs. Mr. Creech’s attorneys had warned IDOC officials in advance that his age (then 73) and medical conditions, including Type 2 diabetes, hypertension, and edema, could impact circulation and vein quality. Idaho set another execution date for Mr. Creech in November 2024; however, a federal district court issued a stay of execution to allow for additional time to consider Mr. Creech’s legal claims. With each scheduled execution date, IDOC purchased the lethal injection drugs needed for the execution. Public records reveal that the state spent $200,000 on lethal injection drugs in its efforts to execute Mr. Creech — $50,000 in October 2023, $100,000 in June 2024, and $50,000 in October 2024.
Other states have also spent large sums to acquire lethal injection drugs. An April 2025 record request by the Indiana Capital Chronicle revealed the Indiana Department of Corrections spent $900,000 on the drugs needed to carry out the lethal injection execution of Joseph Corcoran in December 2024. According to records requested by The Tennessean, between 2017 and 2025, the Tennessee Department of Correction (TDOC) spent nearly $600,000 of taxpayer funds obtaining drugs for lethal injection executions. Specific information about the drugs’ sources and origins remain unknown because of Tennessee’s secrecy provisions, much like Idaho’s provisions.
Kevin Fixler, Idaho’s $200,000 in execution drugs expire in latest setback to death penalty, Idaho Statesman, May 9, 2025.
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