Are prediction markets legal in your state?
A sourced, state-by-state tracker of prediction-market legality in the US — court rulings, state lawsuits, new laws and which platforms restrict where.
Key takeaways
- Prediction markets in the US are federally regulated by the CFTC, but many states argue sports contracts are illegal gambling under state law.
- Federal appeals courts are split: the 3rd Circuit sided with Kalshi (Apr 2026); the 9th and 6th Circuits ruled against it (Aug–Sep 2026). The Supreme Court has been asked to decide.
- Court rulings and orders currently keep Kalshi's sports contracts out of Massachusetts, Michigan, Nevada, Utah and Washington.
- Status changes weekly. Every row below shows its source and the date we last checked it.
Last verified October 4, 2026 — this changes weekly
Several major rulings landed between September 25 and October 2, 2026. Before you rely on any row below, open the app you plan to use: platforms apply location checks that reflect court orders faster than any tracker can. This page is not legal advice.
Is it available in your state?
Two-letter code or state name. Facts verified October 4, 2026. Not legal advice.
The short answer
Prediction markets in the US run on exchanges registered with the Commodity Futures Trading Commission (CFTC), the federal regulator for futures and swaps. State actions focus on sports; contracts on economics, weather and finance have drawn far less enforcement, and Washington’s injunction against Kalshi expressly leaves them out. Election contracts became widely available after a 2024 federal court ruling, though Kalshi’s election contracts are now blocked in Nevada and Washington.
The fight is over sports event contracts. Since Kalshi launched sports contracts in January 2025, more than a dozen states have argued they are simply sports bets that need a state gambling license. The platforms — backed by the CFTC under Chairman Michael Selig — argue that federal law gives the CFTC exclusive jurisdiction and preempts state gambling law.
Where the courts stand
| Court | Case | Date | Result |
|---|---|---|---|
| 3rd Circuit (New Jersey) | KalshiEX v. Flaherty | Apr 6, 2026 | For Kalshi (2–1): sports contracts are likely “swaps” and state law is likely preempted |
| 9th Circuit (Nevada) | KalshiEX v. Assad | Aug 28, 2026 | Against Kalshi (3–0): sports contracts are not swaps; no preemption |
| 6th Circuit (Ohio, Tennessee) | KalshiEX v. Schuler / Orgel | Sep 25, 2026 | Against Kalshi (3–0): contracts not shown to be swaps; no preemption even if they were |
| 4th Circuit (Maryland) | KalshiEX v. Martin | Argued May 7, 2026 | Decision pending |
| U.S. Supreme Court | Flaherty v. KalshiEX (No. 26-299); Robinhood (No. 26-338) and Crypto.com (No. 26-344) petitions | Responses due Nov 9, Oct 14 and Oct 15, 2026 | Not yet decided whether to hear |
When federal appeals courts disagree on the same legal question — a circuit split — the Supreme Court is more likely to take the case. Until it rules, a platform’s legal position can differ from one region of the country to the next.
Our news desk covers each development in more detail:
- 6th Circuit rules against Kalshi in Ohio and Tennessee
- 9th Circuit rules against Kalshi in Nevada
- The Supreme Court petitions explained
- Illinois partial injunction (October 2, 2026)
- New York sues Polymarket US
What the CFTC is doing
The CFTC has taken the platforms’ side. On February 4, 2026 it withdrew a 2024 proposal that would have restricted event contracts. On June 10 it proposed rewriting Rule 40.11, which bars contracts involving “gaming” and other listed activities (comments closed July 27, 2026; no final rule as of our check). It has sued nine states that moved against prediction markets, and on August 11, 2026 it used emergency authority to direct Kalshi to keep operating after New York sued.
State-by-state status
Status labels describe the position for sports contracts unless a row says otherwise:
- Available — no major state action found; platforms operate normally.
- Contested — lawsuits, enforcement or new laws are pending, but platforms are generally still live.
- Restricted — a court order or ruling currently keeps a major platform’s sports contracts out of the state.
- Pending — legislation introduced but not enacted.
| State | Status | What we know | Verified |
|---|---|---|---|
| Alabama | Available | We found no major state enforcement action or enacted prediction-market law as of the verified date. Individual platforms may still restrict some contracts, so check the app. Source: CBS Sports | October 4, 2026 |
| Alaska | Available | We found no major state enforcement action or enacted prediction-market law as of the verified date. Individual platforms may still restrict some contracts, so check the app. Source: CBS Sports | October 4, 2026 |
| Arizona | Contested | Arizona filed criminal charges against Kalshi in March 2026. On May 5, 2026 a federal judge granted the CFTC a preliminary injunction that blocks state enforcement, including the criminal case. Arizona has appealed to the 9th Circuit. Some platforms (reportedly Novig and Polymarket US) still block Arizona. Sources: CFTC · Arizona Mirror | October 4, 2026 |
| Arkansas | Available | We found no major state enforcement action or enacted prediction-market law as of the verified date. Individual platforms may still restrict some contracts, so check the app. Source: CBS Sports | October 4, 2026 |
| California | Available | Sports and other markets are offered statewide except on tribal lands, which operators exclude. On Sep 16, 2026 the 9th Circuit sided with California tribes in a dispute under the Indian Gaming Regulatory Act, and the tribal litigation continues. Source: CBS Sports | October 4, 2026 |
| Colorado | Available | We found no major state enforcement action or enacted prediction-market law as of the verified date. Individual platforms may still restrict some contracts, so check the app. Source: CBS Sports | October 4, 2026 |
| Connecticut | Contested | The Department of Consumer Protection sent cease-and-desist letters to Kalshi, Crypto.com and Robinhood in December 2025. A federal court denied Kalshi a preliminary injunction on Aug 7, 2026, and the appeal is pending in the 2nd Circuit. The CFTC has sued Connecticut, and the Attorney General sued Kalshi in state court on Aug 27, 2026. | October 4, 2026 |
| Delaware | Available | We found no major state enforcement action or enacted prediction-market law as of the verified date. Individual platforms may still restrict some contracts, so check the app. Source: CBS Sports | October 4, 2026 |
| District of Columbia | Available | We found no major state enforcement action or enacted prediction-market law as of the verified date. Individual platforms may still restrict some contracts, so check the app. Source: CBS Sports | October 4, 2026 |
| Florida | Available | We found no major state enforcement action or enacted prediction-market law as of the verified date. Individual platforms may still restrict some contracts, so check the app. Source: CBS Sports | October 4, 2026 |
| Georgia | Available | We found no major state enforcement action or enacted prediction-market law as of the verified date. Individual platforms may still restrict some contracts, so check the app. Source: CBS Sports | October 4, 2026 |
| Hawaii | Pending | HB 2198, introduced Jan 28, 2026, would define prediction markets as illegal gambling. We have not confirmed its current status. Source: CBS Sports | October 4, 2026 |
| Idaho | Available | We found no major state enforcement action or enacted prediction-market law as of the verified date. Individual platforms may still restrict some contracts, so check the app. Source: CBS Sports | October 4, 2026 |
| Illinois | Contested | SB 3019 (signed Jun 16, 2026) treats "exchange wagers" as sports wagering, which requires a license and tax. On Oct 2, 2026 a federal judge partly blocked the licensing and criminal provisions as applied to Kalshi-listed contracts. The challenge to the tax is still pending. | October 4, 2026 |
| Indiana | Available | We found no major state enforcement action or enacted prediction-market law as of the verified date. Individual platforms may still restrict some contracts, so check the app. Source: CBS Sports | October 4, 2026 |
| Iowa | Contested | Kalshi sued Iowa officials pre-emptively in March 2026. A federal court denied its request for a preliminary injunction, and lawmakers have debated legislation. Source: Sports Betting Dime | October 4, 2026 |
| Kansas | Available | We found no major state enforcement action or enacted prediction-market law as of the verified date. Individual platforms may still restrict some contracts, so check the app. Source: CBS Sports | October 4, 2026 |
| Kentucky | Contested Effective Jan 1, 2027 (tax) | HB 757 puts a 14.25% excise tax on prediction-market transaction fees from Jan 1, 2027. The Attorney General sued Kalshi, Polymarket, Coinbase, Robinhood and Webull on Jun 17, 2026, and the CFTC sued Kentucky. Those cases were moved to federal court. Sources: Kentucky Attorney General · CFTC | October 4, 2026 |
| Louisiana | Contested | The Gaming Control Board issued an advisory that treats sports prediction markets as illegal sports wagering and warned its licensees. We have not found a lawsuit. Source: Louisiana Gaming Control Board | October 4, 2026 |
| Maine | Available | We found no major state enforcement action or enacted prediction-market law as of the verified date. Individual platforms may still restrict some contracts, so check the app. Source: CBS Sports | October 4, 2026 |
| Maryland | Contested | A federal court denied Kalshi a preliminary injunction in 2025. The 4th Circuit heard the appeal on May 7, 2026 and has not yet ruled. Robinhood does not offer sports contracts in Maryland. Baltimore has sued Kalshi and Polymarket US under its consumer-protection ordinance. Sources: Robinhood · CourtListener | October 4, 2026 |
| Massachusetts | Restricted | A Suffolk Superior Court injunction obtained by the Attorney General (Jan 20, 2026) bars Kalshi's sports contracts. The Supreme Judicial Court heard the appeal in May 2026 and has not yet ruled. Source: Yogonet | October 4, 2026 |
| Michigan | Restricted | An Ingham County injunction (Sep 1, 2026) requires Kalshi to geofence sports contracts, with fines of up to $500,000 a day. Robinhood has prohibited new sports contracts in Michigan since Sep 9, 2026. Sources: Michigan Attorney General · Robinhood | October 4, 2026 |
| Minnesota | Contested | Minnesota enacted the first statewide prediction-market ban (signed May 18, 2026). Before it took effect on Aug 1, a federal judge blocked it on Jul 27, 2026 as applied to Kalshi and Polymarket US. Sources: Minnesota Reformer · CFTC | October 4, 2026 |
| Mississippi | Available | We found no major state enforcement action or enacted prediction-market law as of the verified date. Individual platforms may still restrict some contracts, so check the app. Source: CBS Sports | October 4, 2026 |
| Missouri | Available | We found no major state enforcement action or enacted prediction-market law as of the verified date. Individual platforms may still restrict some contracts, so check the app. Source: CBS Sports | October 4, 2026 |
| Montana | Available | Montana sent Kalshi a cease-and-desist letter in 2025. Kalshi and Montana agreed to dismiss the resulting lawsuit on Sep 22, 2026. Source: Prediction News | October 4, 2026 |
| Nebraska | Available | We found no major state enforcement action or enacted prediction-market law as of the verified date. Individual platforms may still restrict some contracts, so check the app. Source: CBS Sports | October 4, 2026 |
| Nevada | Restricted | On Aug 28, 2026 the 9th Circuit held that Kalshi's sports contracts are not swaps and that federal law does not preempt Nevada law. A state-court order requires Kalshi to geofence Nevada. Coinbase, Polymarket US and ProphetX exclude Nevada entirely, and Robinhood does not offer sports contracts there. | October 4, 2026 |
| New Hampshire | Available | We found no major state enforcement action or enacted prediction-market law as of the verified date. Individual platforms may still restrict some contracts, so check the app. Source: CBS Sports | October 4, 2026 |
| New Jersey | Contested | On Apr 6, 2026 the 3rd Circuit upheld Kalshi's injunction against New Jersey, 2-1, finding that federal law likely preempts state law. New Jersey has asked the U.S. Supreme Court to review the case (No. 26-299). Kalshi remains live under the injunction. | October 4, 2026 |
| New Mexico | Contested | Tribes and pueblos have sued Kalshi, the CFTC has sued New Mexico, and Polymarket has sued the Attorney General. All three cases are pending. Source: CFTC | October 4, 2026 |
| New York | Contested | A federal court denied Kalshi a preliminary injunction on Jul 7, 2026. The Governor and Attorney General sued Kalshi on Jul 31, 2026 and Polymarket US on Sep 24, 2026, and the CFTC has sued New York. Platforms remain live while the litigation continues. | October 4, 2026 |
| North Carolina | Available Effective Jan 1, 2027 (tax) | SB 257 (signed Jul 7, 2026) puts a 6% tax on net trading-fee revenue from Jan 1, 2027 and expressly allows CFTC-registered platforms. Source: North Carolina General Assembly | October 4, 2026 |
| North Dakota | Available | We found no major state enforcement action or enacted prediction-market law as of the verified date. Individual platforms may still restrict some contracts, so check the app. Source: CBS Sports | October 4, 2026 |
| Ohio | Contested | On Sep 25, 2026 the 6th Circuit affirmed the denial of Kalshi's injunction against Ohio, and the state's Casino Control Commission has issued a $5 million fine notice. Reports conflict on whether Kalshi now blocks sports contracts in Ohio, so check in the app. | October 4, 2026 |
| Oklahoma | Available | We found no major state enforcement action or enacted prediction-market law as of the verified date. Individual platforms may still restrict some contracts, so check the app. Source: CBS Sports | October 4, 2026 |
| Oregon | Available | We found no major state enforcement action or enacted prediction-market law as of the verified date. Individual platforms may still restrict some contracts, so check the app. Source: CBS Sports | October 4, 2026 |
| Pennsylvania | Available | We found no major state enforcement action or enacted prediction-market law as of the verified date. Individual platforms may still restrict some contracts, so check the app. Source: CBS Sports | October 4, 2026 |
| Rhode Island | Contested | The Attorney General sued Kalshi and Polymarket in state court, Kalshi sued the Lottery director, and the CFTC intervened. All three cases are pending. Sources: SBC Americas · CFTC | October 4, 2026 |
| South Carolina | Available | We found no major state enforcement action or enacted prediction-market law as of the verified date. Individual platforms may still restrict some contracts, so check the app. Source: CBS Sports | October 4, 2026 |
| South Dakota | Available | We found no major state enforcement action or enacted prediction-market law as of the verified date. Individual platforms may still restrict some contracts, so check the app. Source: CBS Sports | October 4, 2026 |
| Tennessee | Contested | On Sep 25, 2026 the 6th Circuit vacated Kalshi's preliminary injunction against Tennessee, which leaves Kalshi exposed to state enforcement. We have not confirmed Kalshi's current operating status there. | October 4, 2026 |
| Texas | Available | We have not found an enforcement action. State leaders have called for interim study, and legislation is possible in 2027. Source: CBS Sports | October 4, 2026 |
| Utah | Restricted | In August 2026 a federal court ruled for Utah, holding that the state's anti-gambling law applies. Kalshi said it would appeal, and its sports contracts are not offered in Utah. Source: Utah Attorney General | October 4, 2026 |
| Vermont | Available | We found no major state enforcement action or enacted prediction-market law as of the verified date. Individual platforms may still restrict some contracts, so check the app. Source: CBS Sports | October 4, 2026 |
| Virginia | Available | We found no major state enforcement action or enacted prediction-market law as of the verified date. Individual platforms may still restrict some contracts, so check the app. Source: CBS Sports | October 4, 2026 |
| Washington | Restricted | A King County injunction, amended in August 2026, requires Kalshi to block sports, election, entertainment and similar contracts, with geofencing due by Sep 2, 2026. Financial, economic and climate contracts are not covered. An appeal is pending. Source: KUOW | October 4, 2026 |
| West Virginia | Available | We found no major state enforcement action or enacted prediction-market law as of the verified date. Individual platforms may still restrict some contracts, so check the app. Source: CBS Sports | October 4, 2026 |
| Wisconsin | Contested | Wisconsin sued Kalshi, Robinhood, Coinbase, Polymarket and Crypto.com in April 2026. On Jul 28, 2026 a federal court denied the CFTC's request to block the state. Platforms remain live while the cases continue. Sources: CFTC · CBS Sports | October 4, 2026 |
| Wyoming | Available | We found no major state enforcement action or enacted prediction-market law as of the verified date. Individual platforms may still restrict some contracts, so check the app. Source: CBS Sports | October 4, 2026 |
How we keep this page accurate
Every row cites the court opinion, regulator release, statute or reporting it relies on, and shows the date we last checked it. Primary sources (courts, regulators, legislatures, operator help pages) take priority; where we rely on secondary reporting, the source is named so you can judge it. We re-check this page at least weekly and immediately after major rulings. Read our full editorial policy and methodology.
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Frequently asked questions
Are prediction markets legal in the US?
Prediction markets operated by CFTC-registered exchanges are legal under federal law. Whether sports event contracts are also subject to state gambling law is being fought in court. As of October 4, 2026, federal appeals courts disagree, and New Jersey has asked the U.S. Supreme Court to resolve the question (No. 26-299).
Why is Kalshi not available in my state?
In several states a court order or state action requires Kalshi to block some contracts — usually sports. As of our last check this applies to Massachusetts, Michigan, Nevada, Utah and Washington, and Kalshi's status in Ohio and Tennessee is uncertain after the 6th Circuit's September 25, 2026 ruling. Platforms enforce this with location checks.
What did the Supreme Court decide about prediction markets?
Nothing yet. As of October 4, 2026 there are three pending petitions: Flaherty v. KalshiEX (No. 26-299), Robinhood Derivatives v. Dreitzer (No. 26-338) and Crypto.com v. Nevada (No. 26-344). The Court has not decided whether to hear them.
Is it illegal for me to use a prediction market in a state that is suing the platform?
The state lawsuits and enforcement actions we track target platforms, not individual users. Minnesota's 2026 law did create criminal offenses, but a federal judge enjoined it on July 27, 2026 as to Kalshi and Polymarket US. This is not legal advice; if you are unsure, check your state regulator's guidance.
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