U.S.

Montana judge blocks state from using drug in execution

/ AP

HELENA, Mont. -- A Helena judge has blocked Montana from using a particular drug in executions, saying it does not meet the standard set by state lawmakers.

District Judge Jeffrey Sherlock ruled Tuesday that the drug pentobarbital is not an "ultra-fast acting barbiturate" as required by state law for lethal injections.

Sherlock says in his decision that medical evidence shows only three barbiturates can be classified as "ultra-fast acting," and pentobarbital is not one of them.

Montana's lethal injection law calls for use of an ultra-fast acting barbiturate and a paralytic agent. The state's execution protocol lists sodium pentothal as the barbiturate, with pentobarbital as a substitute.

Sodium pentothal is no longer available for use in executions in the U.S.

Department of Justice spokesman John Barnes says state attorneys are reviewing Sherlock's decision.

First published on October 6, 2015 / 6:07 PM EDT

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