After a lawsuit filed by a death-row inmate, the Apothecary Shoppe in Oklahoma has agreed to not sell to Missouri for its upcoming execution.
Last week, a federal judge ordered the pharmacy to hold off on selling the drug to Missouri until further review. Before that could take place, however, the pharmacy and the inmate came to an agreement.
An Oklahoma compounding pharmacy has supplied Missouri with the drug it's used three times to execute inmates, despite the fact that the pharmacy isn't licensed here.
Now the Apothecary Shoppe is attempting to become licensed in Missouri.
According to records obtained by St. Louis Public Radio, the Oklahoma Board of Pharmacy received a letter from the Apothecary Shoppe on Jan. 13, when the pharmacy said it was planning on registering in both Missouri and Texas.
On Monday evening, a federal judge denied Missouri inmate Herbert Smulls' request to halt his execution. On Tuesday evening, Gov. Jay Nixon denied his request for clemency.
Barring some unforeseen change, he will be put to death early Wednesday morning.
Smulls will be injected with a drug made by the Apothecary Shoppe in Oklahoma, which isn't licensed to sell in Missouri. The state has argued the drug is safe, however, by pointing to a report by a testing laboratory.
For the death penalty to be carried out in Missouri, it requires three agencies in particular to work in sync. The Department of Corrections performs the executions. The governor appoints the head of the Department of Corrections and can offer clemency to death row inmates. The attorney general defends the state when the execution method is challenged.
Each agency has found itself in the spotlight recently as Missouri's execution procedure has come under scrutiny.