When you ask what states have the death penalty in the US, you probably expect a simple list. Maybe a "yes" column and a "no" column. But honestly, it’s a total mess right now. If you look at a map from twenty years ago, it looks nothing like today. Some states have it on the books but haven't used it since the 90s. Others are actively trying to bring back firing squads because they can't get the right drugs for lethal injections.
Right now, 27 states technically allow capital punishment. That sounds like a lot, but "allow" is a heavy word here.
Take California. It has the largest death row in the Western Hemisphere. Hundreds of people. Yet, there’s a governor-imposed moratorium, so nobody is actually being executed. It’s a legal limbo that costs taxpayers millions every year without a single needle being used. Then you have places like Texas or Florida, where the machinery is very much in motion.
The 27 States Where the Death Penalty Is Legal
If you want the raw data, here are the states where the law still allows for an execution: 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.
But wait. It’s not that simple.
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In Pennsylvania, California, and Oregon, the governors have basically said, "Not on my watch." These are formal moratoriums. The law exists, but the executioner is on unpaid leave. Meanwhile, states like Ohio have been delaying executions for years because they literally cannot find a pharmaceutical company willing to sell them the drugs.
It’s a supply chain nightmare for the government. Companies don't want the PR disaster of being the "execution drug brand."
The Recent Pivot to Older Methods
Because the drugs are so hard to get, we’re seeing a weird "back to the future" trend in 2025 and 2026. Idaho just made headlines because they moved to make the firing squad their primary method if drugs aren't available—a law that officially takes full effect in mid-2026. Alabama recently used nitrogen gas for the first time, which sparked a massive international debate about whether it’s "cruel and unusual."
It feels like the legal system is split into two Americas. One half is sprinting toward total abolition, and the other is digging in its heels, finding any way possible to keep the penalty alive.
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Why Some States Are Quitting
Since 2020, we’ve seen a big shift. Virginia, which used to be second only to Texas in the number of executions, abolished the death penalty in 2021. That was huge. It was the first Southern state to do so. Before that, Colorado and New Hampshire walked away from it too.
Why? Usually, it comes down to three things:
- The Cost: It is way more expensive to execute someone than to keep them in prison for life. The appeals process is long, complex, and requires high-level experts.
- The Risk: Since 1973, over 190 people have been exonerated from death row. That’s a terrifying number. One mistake is one too many for a lot of voters.
- The Philosophy: Public opinion is just shifting. Younger generations don't support it at the same rates their parents did.
What Really Happens in "Death Penalty" States?
You’ve got to look at the "de facto" status. Take Kansas or Wyoming. They have the death penalty. They’ve had it for ages. But Kansas hasn't executed anyone since 1965. In the eyes of the law, they are death penalty states. In reality? They aren't executing anyone.
Then you have the federal government. This is a whole different ballgame. The Feds have their own death row. Under some administrations, it stays quiet for decades. Under others, like at the end of 2020, there’s a sudden rush of executions. It’s highly political and changes depending on who’s in the White House.
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The 2026 Outlook
As we move through 2026, keep an eye on Tennessee and Oklahoma. They have several executions scheduled for this year, including cases like Kendrick Simpson and Christa Pike. These cases often get stayed at the last minute, creating a legal rollercoaster for the families involved.
Texas remains the leader in volume. They’ve spent nearly a million dollars just on lethal injection drugs since late 2024. That’s a lot of money just to keep the lights on in the execution chamber.
Practical Steps to Stay Informed
If you're trying to track this for a project or just because you're interested in the justice system, don't just look at the list of 27 states.
- Check the Moratorium Status: Look at the Governor’s office in states like PA or CA.
- Follow the DPIC: The Death Penalty Information Center is the gold standard for real-time updates on stays and law changes.
- Watch the Courts: Keep an eye on the 5th and 11th Circuit Courts. Most of the heavy lifting for death penalty law happens there before it ever reaches the Supreme Court.
The map is changing fast. A state that is "pro-death penalty" today might pass a repeal bill tomorrow. It’s less about a static list and more about the ongoing tug-of-war between state legislatures and the courts.