Kalshi and the law

Is Kalshi legal in your state?

Status as of September 25, 2026 · every line has its source and date · not legal advice

State by state

Kalshi does not publish a list of the states where it operates, so availability rests on court orders and dated reports; each state page lists its sources. States not listed here were not researched yet. State actions count lawsuits, orders and letters involving Kalshi or Polymarket.

The federal picture

Kalshi has been a CFTC-designated contract market since November 4, 2020 (CFTC release 8302-20). The fight is over sports event contracts: states say they are sports bets under state law, Kalshi and the CFTC say federal law governs them. Recent federal rulings:

• September 25, 2026: Pending appellate decisions that could change several states' status: Sixth Circuit (Kalshi v. Ohio, No. 26-3196, and Kalshi v. Tennessee, No. 26-5235; argued 2026-07-30), Fourth Circuit (Kalshi v. Maryland, No. 25-1892; argued 2026-05-07), Second Circuit (Kalshi's New York and Connecticut appeals, Nos. 26-1835 and 26-2239, heard in tandem), Seventh Circuit (CFTC and Kalshi appeals from the Wisconsin injunction denial, No. 26-2636 et al.), Tenth Circuit (Kalshi v. Utah, No. 26-4100). No decision in any of these appeared in the court records checked for this file (CourtListener; indexes can lag PACER by a few days). CourtListener dockets cited in the Ohio, Tennessee, Maryland, New York, Connecticut, Wisconsin and Utah entries
• September 16, 2026: Ninth Circuit (Blue Lake Rancheria v. Kalshi, Inc., No. 25-7504; Murguia, McKeown, Paez; opinion by Judge McKeown) affirmed in part and reversed in part the denial of two California tribes' preliminary-injunction motion, holding the tribes likely to succeed in showing Kalshi's sports event contracts entered from tribal lands are class III gaming offered in violation of IGRA and their gaming procedures; the case was remanded for the remaining injunction factors, so no injunction had issued as of the last docket entry checked. Blue Lake Rancheria v. Kalshi, Inc., No. 25-7504 (9th Cir. Sept. 16, 2026) - published opinion (PDF)
• September 9, 2026: Kalshi petitioned for panel rehearing and rehearing en banc of the Ninth Circuit's 2026-08-28 Nevada decision (KalshiEX, LLC v. Assad, No. 25-7516); Montana's 2026-09-17 enforcement pause is tied to the outcome of that request. KalshiEX, LLC v. Assad, No. 25-7516 (9th Cir.) docket, entry 206 (CourtListener); Joint Stipulation of Dismissal, KalshiEX LLC v. Knudsen (D. Mont.), Doc. 35
• September 2, 2026: New Jersey petitioned the US Supreme Court for certiorari in Flaherty v. KalshiEX, LLC (No. 26-299, docketed 2026-09-08); Kalshi's response deadline was extended to 2026-11-09; an amicus brief was filed 2026-09-22 by the National Council of Legislators from Gaming States. Supreme Court docket No. 26-299
• August 28, 2026: Ninth Circuit (KalshiEX, LLC v. Assad, No. 25-7516; opinion by Judge R. Nelson, with Judges Bade and Lee; Lee concurring) affirmed in part the District of Nevada's order dissolving Kalshi's preliminary injunction, holding the CEA likely does not preempt Nevada gaming law as applied to Kalshi's sports event contracts (which it described as sports bets, not 'swaps'), and remanded for the district court to consider Nevada's challenges to Kalshi's election contracts. Nevada's regulator described the ruling as a 3-0 decision also covering Crypto.com and Robinhood. KalshiEX, LLC v. Assad, No. 25-7516 (9th Cir. Aug. 28, 2026) - published opinion (PDF)

How this was researched

From sources opened on September 25, 2026: court dockets and orders, CFTC releases, state regulator, attorney-general and governor pages, Kalshi's help center and member agreement and, where those were unreachable, dated news reports (marked "news"). The same research powers is Polymarket legal in your state? on Polymarket View. Also see the Kalshi FAQ and Kalshi taxes.

Frequently asked questions