You’d think, in 2026, we’d have a simple "yes" or "no" answer for which states still use the death penalty. But honestly? It’s a total mess of legal loopholes, governor-ordered pauses, and states literally changing their primary execution methods because they can't get the right drugs.
The map of the US isn't just divided into "death penalty" and "no death penalty" anymore. It’s more like a spectrum of "we have it but don't use it," "we use it all the time," and "we're trying to figure out how to use it again."
American States That Still Have the Death Penalty: The 2026 Reality
Right now, 27 states technically keep capital punishment on the books. That sounds like a lot. But if you look closer, the actual practice of executing people is shrinking into a very small, very specific corner of the country.
Most of the action is happening in places like Texas, Oklahoma, and Alabama. In fact, a huge chunk of all executions in the last few years came from just a handful of states. Meanwhile, states like California, Oregon, and Pennsylvania are in this weird limbo. They have the law, they have hundreds of people on death row, but their governors have basically said, "Not on my watch." These are called gubernatorial moratoriums.
It’s a strange legal "pause" button.
The States Where It's Still Legal
If you’re looking for the list, here is who still has the statute: Alabama, Arizona, Arkansas, California, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Nevada, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, and Wyoming.
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But don't let the list fool you.
Montana hasn't executed anyone in years because they can't figure out a legal lethal injection protocol. Kansas hasn't executed anyone since the 1960s. Even though it's "legal," it's effectively dead in half of these places.
The Nitrogen and Firing Squad "Comeback"
One of the wildest things happening lately is the shift in how states are doing this. For decades, lethal injection was the only way. But pharmaceutical companies got tired of the bad PR and stopped selling the drugs to prisons.
So, what did the states do? They started getting creative.
Alabama recently made headlines by using nitrogen hypoxia—basically having the person breathe pure nitrogen until they pass out. It's controversial, to say the least. People like UN experts have called it "experimental," but Alabama pushed ahead anyway.
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Then you have Idaho. As of July 1, 2026, Idaho has officially made the firing squad its primary method if lethal injection isn't available. That’s a huge shift. We’re seeing states like South Carolina and Utah also keep the firing squad as an option. It feels like a throwback to the 1800s, but for these states, it’s a practical solution to the drug shortage.
Expanding What Counts as a Capital Crime
We’re also seeing a weird trend where some states are trying to expand who can get the death penalty. Florida and Tennessee have been leading the charge here. They’ve passed laws trying to allow the death penalty for certain non-homicide crimes, like the sexual battery of a child.
This is a direct challenge to the Supreme Court’s previous rulings. The Court used to say you can only execute someone if a death occurred. Now, these states are basically daring the high court to change its mind. It’s a legal game of chicken that’s going to take years to play out in the courts.
The "Invisible" Death Penalty States
You can’t talk about the death penalty without talking about California. They have the largest death row in the Western Hemisphere. Over 600 people. But they haven't executed anyone since 2006.
Governor Gavin Newsom famously dismantled the execution chamber at San Quentin a few years back. So, you have this massive population of people sentenced to death who will almost certainly die of old age before the state ever moves a finger to execute them.
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Ohio is in a similar spot. Governor Mike DeWine has repeatedly issued reprieves because the state literally cannot find a legal source for the drugs. For 2026, Ohio has a bunch of scheduled dates, but most of them are already being pushed back to 2029 or later. It’s a cycle of scheduling and cancelling that keeps the families of victims and the inmates themselves in a permanent state of "what if."
Why Texas is Still Texas
Texas remains the outlier. While the rest of the country is debating methods or pausing altogether, Texas just keeps going. They have a streamlined appeals process and a "business as usual" approach that makes them responsible for a huge percentage of the nation's total executions.
If you look at the 2026 calendar, names like Charles Victor Thompson and Cedric Ricks are on the list for Texas. They don't have the same supply chain issues other states claim to have, or if they do, they aren't letting it slow them down.
What This Means for You
If you’re following this for legal reasons or just general interest, the big takeaway is that the "death penalty" is no longer a monolithic thing in America. It’s highly regional. Your chances of being executed for a crime depend almost entirely on which side of a state line you're on.
- Check your local legislation: States like Indiana and Nebraska are currently debating new methods (like nitrogen) right now.
- Watch the Supreme Court: Any day, a ruling on "cruel and unusual punishment" regarding nitrogen or firing squads could flip the script for every state on that list.
- Understand the Moratoriums: Just because a state has the death penalty doesn't mean it's "active." Look for the difference between "legal" and "practiced."
The trend is definitely toward abolition—Virginia and Washington recently joined the "no" club—but for the 27 states that are holding on, they are holding on tighter than ever, even if it means bringing back the firing squad.
Actionable Insights for Following the Issue:
To stay truly informed on this, don't just look at the map of "legal" states. Instead, track the Death Penalty Information Center (DPIC) monthly execution updates. They provide the most granular data on which warrants are "active" versus "inactive." If you're interested in the legal side, keep an eye on the 11th Circuit Court of Appeals, as that’s where the biggest battles over execution methods are currently being fought. Understanding the distinction between a "statutory" death penalty and an "active" one is the only way to make sense of the current US landscape.