How Many States Have Death Penalty: What Most People Get Wrong

If you’re looking for a quick number, here it is: 27 states currently have the death penalty on the books. But honestly, that number is a total lie if you’re trying to understand what’s actually happening in American courtrooms and execution chambers.

It’s complicated.

You see, having a law and actually using it are two very different things in 2026. While 27 states technically "have" capital punishment, the map of where executions actually happen has shrunk to a tiny handful of places. If you live in California or Pennsylvania, your state is on that list of 27, but nobody has been executed there in years—and likely won't be anytime soon.

The Gap Between Law and Reality

We’ve seen a massive shift in how the country handles the ultimate punishment. Right now, 23 states have completely abolished the death penalty. Virginia was a huge one back in 2021, being the first Southern state to ditch it. Since then, the momentum has been a weird mix of some states doubling down and others quietly letting the practice fade away.

Even in the states that still keep the "active" label, most aren't doing anything.

Take a look at the "Big Three"—Texas, Florida, and Oklahoma. These three are basically responsible for the vast majority of executions in the U.S. In 2025, Florida saw a massive spike under Governor Ron DeSantis, who signed death warrants at a pace we haven't seen in decades. Meanwhile, states like Ohio or Tennessee have hit a wall. They want to carry out sentences, but they can't get the drugs, or they're tied up in endless legal battles over how the execution is actually performed.

Then you have the "Moratorium States." These are places like California, Oregon, and Pennsylvania. The law says "yes," but the Governor says "no." In California, over 600 people are sitting on death row, yet the execution chamber has been effectively shuttered since 2019. It’s a legal limbo that costs taxpayers millions every year without ever reaching a final resolution.

Why the Number is Changing (and Fast)

Why is this happening? It isn't just about "liberal" vs "conservative" politics anymore.

A lot of it is practical. Pharmaceutical companies don’t want their drugs used for killing people. They’ve basically choked off the supply of traditional lethal injection chemicals. This has forced states to get... creative. And not in a good way.

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• Alabama started using nitrogen gas (nitrogen hypoxia), which is basically suffocation.
• South Carolina brought back the firing squad because they couldn't find drugs.
• Idaho recently made the firing squad their default method if drugs aren't available.

It's sorta gruesome when you think about it. We’re moving backward in technology because the modern stuff is unavailable. In 2025, we saw a record number of bills introduced—over 150 of them—trying to either fix these execution "protocols" or expand who can be executed. Some states are even trying to make the death penalty a thing for crimes that didn't result in death, like certain crimes against children, which is a huge legal gamble that will almost certainly end up at the Supreme Court.

The States Without the Death Penalty (The Abolitionists)

1. Alaska
2. Colorado
3. Connecticut
4. Delaware
5. Hawaii
6. Illinois
7. Iowa
8. Maine
9. Maryland
10. Massachusetts
11. Michigan
12. Minnesota
13. New Hampshire
14. New Jersey
15. New Mexico
16. New York
17. North Dakota
18. Rhode Island
19. Vermont
20. Virginia
21. Washington
22. West Virginia
23. Wisconsin

(Plus Washington D.C.)

What Most People Get Wrong About the Cost

There’s this huge myth that the death penalty is cheaper than life in prison. "Why should we pay to feed them for 40 years?" people ask.

The reality? It’s the opposite.

Multiple studies, including some by the Death Penalty Information Center, show that a capital case costs way more. You have to pay for specialized lawyers, extra security, and a decades-long appeals process that is mandatory. By the time someone is actually executed, the state has usually spent millions more than if they had just given them life without parole.

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In 2026, the appeals process is more clogged than ever. Texas has several high-profile appeals looming this year that could change how we look at "junk science" in the courtroom. If those inmates win, it could pull the rug out from under dozens of other convictions.

The 2026 Outlook: What’s Next?

We are watching a slow-motion collapse of capital punishment in most of the country, paired with a frantic intensification in a few specific states.

If you're following this, keep an eye on the Supreme Court. They've been relatively hands-off lately, but with states like Florida and Oklahoma pushing the boundaries of what counts as a "capital crime," the justices are going to have to step in eventually.

Also, look at the "Secondary Methods." As more states struggle with lethal injection, the use of nitrogen gas and firing squads will likely increase. It’s a polarizing shift. Some see it as a necessary way to enforce the law; others see it as a slide back into "cruel and unusual" territory.

Actionable Insights for Following the Issue:

• Check your local Governor’s stance: In many states, the death penalty only exists because the current Governor hasn't issued a moratorium. A single election can change a state's status overnight.
• Monitor the "Supply Chain" issues: The availability of pentobarbital or midazolam is the real reason executions are stalled in places like Ohio. If states find a new supplier, the execution rate could jump.
• Follow the Death Penalty Information Center (DPIC): They are the gold standard for real-time tracking of stays, warrants, and legislative changes.
• Understand the "De Facto" status: If a state hasn't executed anyone in 10 years (like Montana or Kansas), they are effectively non-death penalty states, regardless of what the statute books say.

The map is red and blue, but the reality is mostly grey.

Whether you support the practice or want it gone, the trend is clear: the United States is becoming a country where the death penalty is a "regional" law, not a national one.