Honestly, if you're trying to figure out which u.s. states have the death penalty, you’ve probably noticed the map looks a bit like a jigsaw puzzle that’s been shaken up. It's not just a "yes or no" list anymore. As of early 2026, things are weirder than ever. We have states that say they have it but don't use it, states that just brought back methods from the 1800s, and a federal government that completely flipped its stance practically overnight.
Basically, 27 states still have capital punishment on the books. But that number is a total lie if you’re looking at who is actually carrying out executions.
The 27 States Where it’s Technically Legal
Right now, if you look at the law books, these are the places where a judge can still sentence someone to death. But stick with me, because a "legal" status doesn't mean a whole lot in places like California or Pennsylvania.
The list: 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.
Now, don't get it twisted. Just because Wyoming is on that list doesn't mean they're busy. They haven't executed anyone since the 90s. In fact, they currently have zero people on death row. It's "legal" there in the same way it's legal to own a llama in most cities—it’s on the books, but nobody's really doing it.
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The States Under "Timeout" (Moratoriums)
This is where it gets kinda complicated. There are four states—California, Ohio, Oregon, and Pennsylvania—that officially have the death penalty, but their governors have basically said, "Not on my watch."
- California: They have the biggest death row in the country. Hundreds of people. But Governor Gavin Newsom dismantled the execution chamber years ago. Even though the voters turned down a chance to abolish it, the state is in a permanent state of "pause."
- Ohio: Governor Mike DeWine has been kicking the can down the road for years, mostly because the state can't find the drugs for lethal injection. He’s basically told the legislature they need to pick a new way to do it—like nitrogen gas or firing squads—if they want to start back up.
- Pennsylvania: Governor Josh Shapiro has been very vocal. He’s not signing any death warrants and has openly called for the legislature to just kill the law entirely.
The Heavy Hitters: Who is Actually Executing People?
If you look at the 2026 execution schedule, it’s a very short list of states doing the heavy lifting. Texas, Florida, and Oklahoma are the main ones. Tennessee and Ohio have dates on the calendar for this year, but as we’ve seen, Ohio’s dates usually get reprieved.
Texas remains the "king" of the death penalty. It’s not even close. They have multiple executions scheduled for early 2026, including Charles Victor Thompson and Cedric Ricks. While other states are debating the ethics of the whole thing, Texas is just... moving forward.
The 2025 Federal Pivot: A Huge Deal
You can't talk about which u.s. states have the death penalty without talking about the feds. This time last year, the federal death penalty was basically dead. Joe Biden had commuted the sentences of everyone on federal death row to life in prison right before he left office.
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Then came January 20, 2025.
The new administration didn't waste a second. President Trump signed Executive Order 14164 on his first day, and by February 2025, Attorney General Pam Bondi had rescinded the moratorium. They aren't just bringing it back; they’re pushing for it harder. They’ve even instructed federal prosecutors to seek the death penalty for specific crimes like the murder of law enforcement officers or crimes committed by undocumented immigrants.
Why Some States are Struggling (The Drug Problem)
Why aren't more of these 27 states actually doing it? It’s mostly about the meds.
Pharmaceutical companies don’t want their brands associated with killing people. It’s bad for business. So, states have been scrambling. This is why we’re seeing a "retro" comeback in execution methods.
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- Nitrogen Hypoxia: Alabama started this. It’s basically using a mask to replace oxygen with nitrogen. It’s controversial, but other states are looking at it because nitrogen is easy to get.
- Firing Squads: Idaho and South Carolina have been making moves to bring this back. Idaho actually made it their primary method if drugs aren't available.
- The "Any Method" Law: Florida recently passed a bill (HB 903) that basically says they can use any method that isn't ruled unconstitutional. They’re done playing games with drug suppliers.
The States That Said "No Thanks"
On the flip side, 23 states have completely abolished the death penalty. Virginia was the big one recently (2021), which was shocking because they used to be second only to Texas in executions.
The others include places you’d expect like Vermont and Massachusetts, but also places like West Virginia and Iowa that have been "death penalty free" for decades.
Actionable Insights: What You Should Know
If you're following this for a class, a legal case, or just because the news is wild, here are the three things to keep in mind:
- Watch the Governors: In states like Arizona or Ohio, the law matters less than who is sitting in the governor's mansion. One election can flip a state from "active" to "moratorium" overnight.
- Follow the Legislation: In 2025 alone, over 150 bills were introduced regarding the death penalty. Some states are trying to expand it (like Florida adding "crimes against the head of state" or "lewd conduct with a minor"), while others are trying to sneak in abolition.
- The Federal Pressure: The current White House is encouraging state AGs to bring state capital charges even if a federal case doesn't go that way. This is a massive shift in how the two levels of government interact.
Check your local state legislature’s "bill tracker" for the 2026 session. Many states are currently debating "Secondary Method" bills that would allow electrocution or gas if lethal injection remains a logistical nightmare.