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Sponsors seek authorization of nitrogen hypoxia as alternative execution method and confidentiality for drug suppliers
Summary
Representative Stewart told the Judiciary Committee House Bill 36 would authorize nitrogen hypoxia as an alternative to lethal injection when injection drugs are unavailable and would restore statutory confidentiality protections for suppliers of execution drugs that expired under a prior sunset clause.
At a House Judiciary Committee hearing on House Bill 36, Representative Stewart said the bill would authorize an alternative method—nitrogen hypoxia—for carrying out capital sentences when lethal‑injection drugs are unavailable, and would restore confidentiality protections for suppliers of lethal‑injection drugs that previously expired.
Stewart said Ohio has had a de facto moratorium on executions since 2018 because the Executive Branch has declined to carry out sentences citing lack of access to certain drugs. He described nitrogen hypoxia as “an alternative method … authorized by legislatures in other states” and said federal court pleadings and proponents characterize nitrogen hypoxia as quick and painless; Stewart also told the committee that Alabama has used nitrogen hypoxia three times.
Joint sponsor Representative Plummer said he and Stewart drafted the bill in consultation with the Ohio Attorney General’s Office and the Ohio Prosecuting Attorneys Association and said the bill “simply authorize[s] the state of Ohio to utilize nitrogen hypoxia in addition to lethal injection” and direct its use when injection drugs are not available.
Committee members asked about safety protocols and logistics. Representative Synenberg asked how the state would protect correctional staff and witnesses from exposure to gas; Stewart replied the bill does not micromanage operational protocols and that administrative rules or agency protocols would likely mirror procedures used by other states that have implemented the method. Representative Williams asked whether the state might use manufactured “pods” used in assisted‑suicide contexts; Stewart said sponsors were willing to discuss specificity but had drafted the bill to be method‑agnostic while referencing what Alabama has used.
No vote was taken. Sponsors asked the committee to report the bill favorably and said they would work with members on technical language and operational detail.
