Are prediction markets legal in the US? Polymarket & Kalshi by state

By TomorrowAlpha Editorial Desk · Published · Updated

polymarket
Limited
kalshi
Available
manifold
Available
Short answer

Yes. Prediction markets are legal in the US when they run on a CFTC-regulated exchange. Kalshi (since 2020) and Polymarket US (since July 2025) are both CFTC Designated Contract Markets. Polymarket US is available in every state except Nevada. Kalshi works nationwide, but must block sports contracts in Nevada and Michigan under state court orders.

At a glance

Federal regulator
CFTC (Commodity Futures Trading Commission)
Polymarket US
Legal; all states except Nevada
Kalshi
Legal in all 50 states; sports contracts blocked in NV and MI
Key open question
Can states regulate sports event contracts? Circuit split; SCOTUS petition pending

In which states is Polymarket legal?

Polymarket US says trading is available in all states except Nevada, where the state obtained a preliminary injunction on 29 May 2026. Several states are suing, but none had an operative statewide ban as of 12 October 2026. Eligibility is confirmed at sign-up for each account — some third-party lists show more excluded states, which Polymarket's own published position does not.

Polymarket US and Kalshi — state status, 12 October 2026
StatePolymarket USKalshiWhat's happening
NevadaNot availableSports, election & entertainment contracts blockedState court injunctions (May 2026); Ninth Circuit ruled against Kalshi (28 Aug)
MichiganAvailableSports contracts blockedState injunction vs Kalshi signed 1 Sep 2026; Polymarket's federal bid denied (June)
New YorkAvailable (lawsuit pending)Available (lawsuit pending)AG sued Polymarket 24 Sep 2026 and Kalshi 31 Jul 2026
New JerseyAvailableAvailableThird Circuit sided with Kalshi (6 Apr 2026); NJ petitioned Supreme Court
Ohio / TennesseeAvailableAvailable (rulings against Kalshi)Sixth Circuit, 25 Sep 2026; Kalshi sought rehearing 9 Oct
MassachusettsAvailableAvailableSports injunction vs Kalshi stayed pending state supreme court
MarylandAvailableAvailableEnforcement paused pending Fourth Circuit; Baltimore city suit pending
Wisconsin / KentuckyAvailable (lawsuit pending)Available (lawsuit pending)AG suits filed April and June 2026
IllinoisAvailableAvailableFederal court shielded specified Kalshi contracts (2 Oct 2026)
California, Virginia, Texas, Florida & all other statesAvailableAvailableNo operative restriction

Is Kalshi legal in all 50 states?

Kalshi is federally legal in all 50 states as a CFTC Designated Contract Market (since 3 November 2020), and non-sports markets — Fed decisions, CPI, elections, weather, AI releases — are available nationwide. The fight is over sports contracts: states argue they are unlicensed sports betting. As of October 2026 Kalshi must geofence sports contracts in Nevada and Michigan, and has lost key rulings in the Sixth and Ninth Circuits while winning in the Third Circuit.

Is Kalshi legal in Virginia? Yes — Virginia has no operative order against Kalshi or Polymarket US.

How are prediction-market winnings taxed in the US?

Treatment is unsettled. Regulated exchanges may issue tax forms for reportable activity; many tax advisers treat event-contract gains as ordinary or capital gains rather than gambling winnings, but the IRS has not issued specific guidance. Talk to a tax professional.

Frequently asked questions

Is Polymarket legal in the US?

Yes. Polymarket US (QCX LLC) has been a CFTC-designated contract market since 9 July 2025 and is available in every state except Nevada. The international polymarket.com site still blocks US users.

In what states is Polymarket legal?

All US states except Nevada, according to Polymarket US. New York, Wisconsin, Kentucky and Baltimore have lawsuits pending, but none had produced a statewide ban by 12 October 2026.

Are prediction markets legal in the US?

Yes, when offered on a CFTC-regulated exchange such as Kalshi or Polymarket US. States are contesting sports event contracts specifically.

Is Kalshi legal in all 50 states?

Kalshi is federally regulated and available in all 50 states, but state court orders require it to block sports contracts in Nevada and Michigan.

Is Polymarket legal in California?

Yes. California has no operative order against Polymarket US or Kalshi as of October 2026.

Can I use a VPN to access polymarket.com from the US?

No. The international site prohibits US persons and VPN circumvention; US residents should use the regulated Polymarket US app.

Sources

  1. CFTC — Polymarket US amended order of designation
  2. CFTC — Kalshi designation (2020)
  3. Polymarket US — trust & availability
  4. Nevada Gaming Control Board — litigation update
  5. Michigan AG — Kalshi injunction (Sept 2026)
  6. New York AG — lawsuit against Polymarket
  7. DLA Piper — prediction market litigation tracker

Related guides

Editorial information, not legal or financial advice. Regulations change frequently — last verified 12 Oct 2026.