The death penalty has been on hold in Montana since 2015, when District Judge Jeffrey Sherlock said the state's plan to use pentobarbital to render an inmate unconscious did not meet state law requiring the use of an ultra-fast-acting barbiturate.
Montana lawmakers oppose more death penalty drug options
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“Whether those are currently available is not an issue the court can resolve for the state,” Sherlock said in reference to the faster-acting drug, sodium pentothal.
Montana lawmakers asked for more latitude in execution drugs
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