You've probably seen the headlines lately. The map of the United States is basically a patchwork quilt when it comes to capital punishment. Honestly, it’s a bit of a mess to keep track of. As of early 2026, the divide between states that execute and states that don't has never felt more stark.
While some states are doubling down on new methods—hello, nitrogen gas—others haven't touched an execution chamber in decades.
If you're trying to figure out which states do not have capital punishment, you're looking at a list of 23 states plus the District of Columbia. But the "official" list doesn't tell the whole story. You’ve got states that have abolished it by law, states where the courts stepped in, and a handful of others where the governor has basically said, "Not on my watch."
The 23 States Where Capital Punishment is History
Let's look at the hard facts. These states have scrubbed the death penalty from their books entirely.
Michigan was the trailblazer here. They ditched it back in 1847. Think about that for a second. Michigan hasn't had the death penalty since before the Civil War. On the other end of the timeline, we have Virginia, which made huge waves in 2021 by becoming the first Southern state to abolish the practice.
Here is the current roster of abolitionist states:
- Alaska (Abolished in 1957)
- Colorado (Abolished in 2020)
- Connecticut (Abolished in 2012)
- Delaware (Courts struck it down in 2016; legislature finally cleaned up the statutes in 2024)
- Hawaii (Abolished in 1957)
- Illinois (Abolished in 2011)
- Iowa (Abolished in 1965)
- Maine (Abolished in 1887)
- Maryland (Abolished in 2013)
- Massachusetts (Abolished in 1984)
- Michigan (Abolished in 1847)
- Minnesota (Abolished in 1911)
- New Hampshire (Abolished in 2019)
- New Jersey (Abolished in 2007)
- New Mexico (Abolished in 2009)
- New York (Courts struck it down in 2004)
- North Dakota (Abolished in 1973)
- Rhode Island (Abolished in 1984)
- Vermont (Abolished in 1972)
- Virginia (Abolished in 2021)
- Washington (Abolished in 2023, following a 2018 court ruling)
- West Virginia (Abolished in 1965)
- Wisconsin (Abolished in 1853)
It’s worth noting that even in states like New Hampshire, the abolition wasn't retroactive for everyone. One man remained on death row there for years after the law changed. It's those kinds of legal "gray zones" that make this topic so complicated.
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Why the Map Keeps Changing
The 2025 legislative sessions were a whirlwind. If you haven't been following closely, the trend of abolition actually hit a bit of a speed bump recently. While states like Delaware were busy codifying their ban, other states were actually expanding who they can execute.
Florida, for example, made headlines in 2023 and 2025 by passing laws that allow the death penalty for certain non-homicide crimes, like the sexual battery of a child. This is a direct challenge to the U.S. Supreme Court’s 2008 ruling in Kennedy v. Louisiana, which limited the death penalty to cases where a victim died.
Then you have the "Moratorium" states. These are the ones that sort of live in a state of limbo.
The Moratorium States: Legal but Not Active
In California, Pennsylvania, and Oregon, the death penalty is technically still "legal." It's on the books. You can be sentenced to it. But the governors in these states have issued formal moratoria.
California is the big one. Governor Gavin Newsom issued a moratorium in 2019 and even moved to dismantle the execution chamber at San Quentin. With over 600 people on death row, California has the largest "inactive" death row in the country.
Pennsylvania is similar. Governor Josh Shapiro recently reaffirmed the state’s moratorium in early 2026, continuing a trend started by his predecessor back in 2015.
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So, if you’re asking "what states do not have capital punishment," do you count California? Legally, it has it. Practically, it doesn't.
The Method Crisis of 2025-2026
One reason more states haven't abolished the death penalty—but aren't actually carrying it out—is the "drug problem." No, not that kind.
Pharmaceutical companies have spent the last decade making it nearly impossible for prisons to buy the drugs needed for lethal injections. They don't want their brands associated with executions. This has led to some pretty wild pivots in state legislatures over the last year.
- Idaho recently made the firing squad its primary method because they couldn't get the drugs.
- Arkansas and Mississippi have joined Alabama in authorizing nitrogen hypoxia (suffocation by nitrogen gas).
- South Carolina spent years in court fighting to use the electric chair and firing squad as backups.
Evolving Standards of Decency
The legal backbone of this whole debate is the Eighth Amendment—the one about "cruel and unusual punishment."
Back in 1972, the Supreme Court actually halted all executions in the U.S. (Furman v. Georgia). They basically said the way states were doing it was too arbitrary. It was like "being struck by lightning," one Justice wrote. But that only lasted four years. By 1976, states had rewritten their laws, and executions started back up.
Since then, the Court has slowly chipped away at the practice. You can't execute someone who has an intellectual disability (Atkins v. Virginia, 2002). You can't execute someone for a crime they committed as a minor (Roper v. Simmons, 2005).
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But in 2026, the current Supreme Court leans much more toward state sovereignty. They are less likely to step in and stop an execution than they were twenty years ago. This is why we're seeing such a divergence: blue states are rushing to abolish it through their legislatures, while red states are looking for new, legally "safe" ways to keep it moving.
What This Means for the Future
The push for abolition isn't just a political thing; it's often a money thing. Keeping someone on death row is incredibly expensive. In many states, it costs millions more than a life sentence without parole because of the mandatory appeals and high-security housing.
For example, a study in Oklahoma found that capital cases cost, on average, 3.2 times more than non-capital cases. In a world of tight state budgets, that’s a tough sell for some fiscal conservatives.
If you're following this closely, keep an eye on the "de facto" abolition states. These are places like Kansas or Wyoming. They have the death penalty, but they haven't executed anyone in decades (since 1965 in Kansas's case!).
Actionable Steps for Staying Informed
If you want to keep track of this evolving landscape, don't just look at the raw list of states. The situation changes every time a new governor is elected or a state supreme court issues a ruling.
- Check the Moratoria: Follow the National Conference of State Legislatures (NCSL) for updates on which governors have active "holds" on executions.
- Monitor Legislative Sessions: Watch for "repeal bills" in states like Ohio or Louisiana, where bipartisan coalitions have been growing.
- Watch the Courts: State Supreme Courts in places like Washington and Delaware did what the legislatures wouldn't—they declared the practice unconstitutional under state constitutions.
The map you see today will almost certainly look different by 2030. Whether it's through a shift in "evolving standards" or just the sheer difficulty of sourcing execution drugs, the list of states without capital punishment is a living document.