It’s one of those things where the map looks simple on paper, but if you actually dig into it, things get messy fast. You’ve probably heard people say the death penalty is basically a "Southern thing" now, or that it’s on its way out for good.
Neither is exactly true.
As we kick off 2026, the question of which US states have the death penalty is tied up in a chaotic mix of state laws, governor-ordered pauses, and a massive push from the federal government to bring it back in a big way. Right now, capital punishment is technically legal in 27 states. But honestly? If you look at where people are actually being executed, that number shrinks to a tiny handful of places like Texas, Oklahoma, and Florida.
Most of the country is living in a weird "in-between" zone. Some states have the law but haven't used it since the 90s. Others have governors who flat-out refuse to sign a death warrant, even though the law is still on the books. It's a patchwork.
The 27 States Where It’s Still Legal
If you’re looking for the raw list, here it is. These are the states that currently authorize capital punishment in their statutes:
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 that list fool you.
California, for example, has the largest death row in the entire Western Hemisphere. Over 600 people are sitting there. Yet, nobody has been executed in California since 2006. Governor Gavin Newsom issued a moratorium years ago, and he’s even been dismantling the execution chamber at San Quentin. So, while it’s "legal," it’s effectively dormant.
The same goes for Oregon and Pennsylvania. Their governors have said, "Not on my watch."
The States Doing the Heavy Lifting
If you want to know which US states have the death penalty and actually use it, you’re looking at a much shorter list. Texas is the undisputed leader here. Since 1976, they’ve carried out more than 590 executions. To put that in perspective, Oklahoma—which is second on the list—has done about 127.
In the last couple of years, Florida has also ramped things up. Under Governor Ron DeSantis, the state changed its rules so that a jury doesn't even need to be unanimous to recommend death. Now, an 8-4 vote is enough. That’s a huge shift, and it’s led to a surge in new death sentences that’s bucking the national trend.
The Federal Comeback in 2025-2026
We also have to talk about what's happening at the top. On January 20, 2025, the executive branch issued a massive order to restore the federal death penalty. This essentially reversed the pause that had been in place under the previous administration.
The Department of Justice is now actively pursuing the death penalty for specific crimes, particularly those involving the murder of law enforcement or crimes committed by undocumented individuals. This has created a strange tension. You might live in a state like Massachusetts or Michigan where there is no state death penalty, but a federal prosecutor could still seek it for a federal crime committed in your backyard.
Why Some States Can't Execute Anyone (Even if They Want To)
You’d think if a state has the law, they’d just go ahead with it. It’s not that easy. There is a massive "pharmaceutical blockade" happening.
Most states use a three-drug cocktail for lethal injections. The problem? The companies that make these drugs don’t want their products associated with killing people. They’ve stopped selling them to prisons. This has left states like Ohio and Nebraska scrambling.
- Alabama started using nitrogen hypoxia—basically making the inmate breathe pure nitrogen until they pass out and die.
- South Carolina brought back the firing squad and the electric chair as backup options because they couldn't get the drugs.
- Idaho recently passed a law to use the firing squad if lethal injection drugs aren't available.
It’s getting pretty medieval in some of these legislative sessions. Legislators are literally debating the "best" way to kill someone because they can't get the chemicals they need.
The "Abolition" Wave
On the flip side, the list of states that have fully gotten rid of the death penalty is growing. Since 2007, eleven states have abolished it, including Virginia, which was a huge deal. Virginia used to be one of the most active execution states in the country. When they abolished it in 2021, it signaled a massive shift in the South.
The 23 states (plus D.C.) without the death penalty are:
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.
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What Most People Miss: The Cost and the Error Rate
When people argue about which US states have the death penalty, they often focus on "justice" or "revenge." But the practical side is what’s actually changing minds in state legislatures.
Capital cases are insanely expensive. Because the stakes are so high, the legal process is 10 times more complex than a standard murder trial. States like Kansas have kept the death penalty on the books but haven't executed anyone since 1965 because the appeals process is so lengthy and costly. Some conservative lawmakers are starting to argue that it's just a "waste of taxpayer money."
Then there's the "innocence" factor. Since 1973, at least 196 people have been exonerated from death row. That means for every eight people executed in the US, one person on death row has been found innocent. That's a terrifying "failure rate" for a system that has no "undo" button.
Actionable Insights: How to Track This in 2026
If you're trying to keep up with this, the map is going to change. Here is what you should watch for over the next 12 months:
- Monitor the Supreme Court: There are several cases currently challenging the "cruel and unusual" nature of new methods like nitrogen hypoxia. If the Court rules against them, more states will effectively lose the ability to carry out executions.
- State Elections: In states like Pennsylvania and Arizona, the death penalty is basically a "governor's choice." If a "tough-on-crime" candidate replaces a governor who has a moratorium in place, executions could resume within months.
- The Supply Chain: Watch for states passing "secrecy laws." Many states are now passing laws to hide the names of the pharmacies that provide execution drugs to protect them from public backlash.
The reality is that while 27 states "have" the death penalty, the United States is becoming a country where your zip code determines whether the state can take your life. It’s a legal landscape that is more divided now than it has been in decades.