Honestly, if you looked at a map of the U.S. back in the nineties and compared it to right now, in early 2026, you’d barely recognize the legal landscape. It’s a mess of contradictions. We’ve got states like Florida and Alabama moving full steam ahead with new methods and more aggressive schedules, while other parts of the country have basically closed the book on capital punishment for good.
If you’re just looking for the quick answer to the death penalty legal in what states, the number is currently 27. But that "27" is a bit of a lie. It’s a "technical" 27.
In reality, being "legal" doesn't mean a state is actually out here performing executions. Just look at California. They have the largest death row in the entire Western Hemisphere, but nobody has been executed there since 2006. Governor Gavin Newsom put a moratorium on it years ago, and that’s still holding firm. So, while it’s legally on the books, it’s effectively dead in the water.
The States Where It’s Still an Active Reality
When we talk about where executions are actually happening, the list gets much shorter. We’re talking about a handful of states that handle the vast majority of the country's capital cases.
Texas is, unsurprisingly, still the leader here. They’ve already got several executions scheduled for 2026, including Charles Victor Thompson in late January and Cedric Ricks in March. Then you have Oklahoma and Florida, which have been incredibly active lately.
Here is the breakdown of the states that still have the death penalty on the books:
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- The Active Group: Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Nevada, North Carolina, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, and Wyoming.
- The "On Paper Only" Group: California, Oregon, and Pennsylvania. These states have formal gubernatorial moratoriums. This basically means the governor has said, "Not on my watch," even though the law hasn't changed.
Why Things Are Shifting Right Now
2025 was a massive year for change. We saw a huge spike in legislation—nearly 150 bills related to the death penalty were introduced across 36 states. It’s kinda wild how fast things are moving.
In January 2025, the federal landscape flipped overnight. President Trump’s executive order "Restoring the Death Penalty" basically reversed the Biden-era pause. Attorney General Pamela Bondi wasted no time lifting the moratorium on federal executions. They’re even looking at ways to charge people with state capital crimes if their federal sentences were previously commuted. It’s a total 180 from where we were two years ago.
The New Frontiers: Nitrogen and Firing Squads
You’ve probably heard about the drama with lethal injection drugs. It’s getting harder and harder for states to get them because the pharma companies don't want their products associated with death. This has forced states to get... creative.
Alabama made international headlines recently with the use of nitrogen hypoxia. It’s basically having the inmate breathe pure nitrogen until they pass out and stop breathing. It’s controversial as heck.
Then there’s Idaho. As of July 2026, their new law kicks in making the firing squad the primary method of execution if lethal injection drugs aren't available. They aren't the only ones. South Carolina and Utah have also kept the firing squad in their back pocket. It feels like a throwback to the 1800s, but for these states, it’s a practical solution to a supply chain problem.
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States That Said "Enough"
On the flip side, the list of abolitionist states is growing. 23 states have completely done away with it. Delaware is one of the most recent, officially repealing their laws in 2024 after years of legal limbo.
The states where the death penalty is not legal include:
Alaska, Colorado, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Rhode Island, Vermont, Virginia, Washington, West Virginia, and Wisconsin.
Michigan was actually the first to get rid of it—way back in 1847. They’ve been over it for nearly two centuries. Virginia’s move to abolish it in 2021 was a huge deal because, historically, they were one of the most "pro-death penalty" states in the South.
What People Get Wrong About "Death Row"
One of the biggest misconceptions is that once someone is sentenced, the execution happens quickly. It doesn't. Not even close.
The average time spent on death row is now over 20 years. Take a look at the 2026 schedule for Ohio. They have people like Gerald Hand and Cleveland Jackson scheduled for June and July. These men have been in the system for decades. In many cases, the legal battles over the "humanity" of the execution method take longer than the original murder trial.
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The 2026 Outlook
If you’re following this for legal reasons or just general interest, keep your eyes on the courts this year. There are 16 pending requests for execution dates across Alabama, Texas, and Tennessee.
We’re also seeing a push to expand what counts as a "capital crime." Florida and Idaho have been testing the waters with laws that allow the death penalty for crimes like child rape—which actually challenges a 2008 Supreme Court ruling (Kennedy v. Louisiana).
Actionable Insights for Following the Issue:
- Check Local Dockets: If you live in a "retention" state, the power often lies with the Governor and the State Attorney General. Changes in these offices usually signal a shift in how many executions will actually move forward.
- Monitor the Supreme Court: Several states are currently "daring" the SCOTUS to weigh in on new methods like nitrogen gas or expanded sentencing. A single ruling could flip the map again.
- Track the "Supply Chain": Watch for news about "Secrecy Laws." Many states (like Arkansas) have passed laws to keep the names of their drug suppliers secret so they can continue using lethal injection without public pressure on the manufacturers.
The reality of the death penalty legal in what states is that the US is essentially two different countries right now. You have one half moving toward total abolition and the other half doubling down on new, more certain ways to carry out the ultimate sentence. It’s a legal tug-of-war that isn't ending anytime soon.