Shortage of injectable pentobarbital for execution by lethal injection - Update

On ScienceBlogs today, Isis the Scientist references the same press release from H. Lundbeck A/S as my previous post, with the following addition:

"This makes me wonder about the future of Nembutal [trade name for pentobarbital] in places with the death penalty.  Many US prisons have hospital facilities with in [sic] staff doctors and nursing staff.    Will prisoners in prisons in states that still have the death penalty continue to have access to Nembutal as a therapeutic option?  Or, has Lundbeck made plans to stop supply for these purposes out of fear that prisons will re-purpose the drug for executions?"

I also found the comments worthwhile. The comment by daedalus2u is especially interesting:

"The [sic; they] do say that they have never sold any to prisons...."

"If they [Lundbeck] put a clause requiring the purchaser to say they will not allow it to be diverted under penalty of perjury, that makes it a criminal offense to divert it. It is a Class II controlled substance, so diversion of it is already illegal. Lundbeck is perfectly within their rights to consider diversion for lethal injection an unapproved use just like injection to get high is an unauthorized use."

Once again, this comment is worth reading in its entirety.