Attorneys for Tennessee death row inmate Tony Carruthers have expressed concern that the state may use expired lethal injection drugs for his scheduled execution on Thursday. The lawyers twice sought assurances from the Tennessee Department of Correction about the drugs' expiration dates but received no direct answer.
Assistant Attorney General John W. Ayers did not confirm whether the drugs were expired but stated the department would follow its lethal injection protocol, which includes regular inventory to monitor expiration dates. However, when asked by the Associated Press, the department declined to say whether the drugs were past their use-by date. Governor Bill Lee's office also did not respond.
Federal Public Defender Amy Harwell warned that expired drugs could lead to a slow, painful death, as the body may not lose consciousness reliably. The state has a history of drug-related issues: in 2022, Oscar Smith's execution was halted after it emerged that lethal injection drugs had not been properly tested. Executions were paused for two years pending an investigation.
Across the US, states face difficulties obtaining execution drugs due to public opposition. Tennessee has argued that its shield law extends to keeping expiration dates secret. In contrast, before the execution of Harold Nichols in December, the state offered a declaration that the chemicals had not expired—a guarantee not given to Carruthers.
Similar concerns have arisen in other states. In Arkansas, the governor sought to execute eight prisoners before a batch of drugs expired in 2017. Texas inmates unsuccessfully challenged the use of allegedly expired drugs in 2023. In Idaho, execution drugs were returned to the supplier because they had expired, leading the state to adopt the firing squad as its primary method.
