Is Kalshi legal? › New York

Is Kalshi legal in New York?

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

As of September 25, 2026, Kalshi is available in New York, and its sports contracts are available, according to CBS Sports (September 24, 2026). 17 state actions involving Kalshi and 4 involving Polymarket are listed below with their sources. This is a dated summary of public sources, not legal advice.

Status at a glance

ServiceNew York
Kalshi (CFTC-regulated exchange)Available
Kalshi sports contractsAvailable
Polymarket US (for comparison)Reported available
polymarket.com (international site)No new trades for US users

Kalshi and Polymarket US are reported live in New York, including sports, but both face state lawsuits: the Attorney General sued Kalshi on 2026-07-31 (removed to federal court, remand motion pending) and Polymarket US on 2026-09-24; a federal judge denied Kalshi an injunction against the Gaming Commission on 2026-07-07 (Second Circuit appeal pending); the CFTC has sued New York and on 2026-08-11 ordered Kalshi to keep operating.

What the status rests on

What has happened in New York

DateCompanyEvent and source
2026-09-24PolymarketAttorney General James and Governor Hochul sued QCX LLC d/b/a Polymarket US, alleging an illegal unlicensed gambling operation open to 18-20-year-olds and seeking an order stopping it plus fines, forfeiture and restitution.
Attorney General James and Governor Hochul Announce Lawsuit Against Polymarket for Running Illegal Gambling Operation
2026-09-24PolymarketPolymarket US removed the state's case from New York County Supreme Court to federal court in Manhattan (S.D.N.Y. No. 1:26-cv-08338).
People of the State of New York v. QCX LLC d/b/a Polymarket US, No. 1:26-cv-08338 (S.D.N.Y.), docket (CourtListener)
2026-09-24PolymarketPolymarket US filed its own federal lawsuit in Manhattan against Attorney General James and the Gaming Commission's officials.
QCX LLC d/b/a Polymarket US v. James (S.D.N.Y.), complaint, docket entry 1 (CourtListener)
2026-09-08KalshiThe CFTC filed an amicus brief in Kalshi's Second Circuit appeal.
KalshiEX LLC v. Williams, No. 26-1835 (2d Cir.), docket entry 51 (CourtListener)
2026-09-03KalshiThe Second Circuit ordered Kalshi's New York appeal to be heard in tandem with appeals Nos. 26-2297 and 26-2239.
KalshiEX LLC v. Williams, No. 26-1835 (2d Cir.), docket entry 46 (CourtListener)
2026-08-31KalshiKalshi filed its opening brief in the Second Circuit, and the Gaming Commission officials' brief is due October 30, 2026.
KalshiEX LLC v. Williams, No. 26-1835 (2d Cir.), docket entries 43-45 (CourtListener)
2026-08-12KalshiNew York City Council Speaker Julie Menin announced an investigation into the marketing practices of Kalshi, Polymarket, Coinbase and Gemini Titan and sent them information requests.
New York City Council Announces Investigation of Deceptive and Predatory Marketing Practices by Prediction Market Platforms
2026-08-12PolymarketThe New York City Council opened an investigation into prediction-market marketing, focusing on allegations that Polymarket used influencers to entice young adults with false and deceptive marketing.
New York City Council Announces Investigation of Deceptive and Predatory Marketing Practices by Prediction Market Platforms
2026-08-11KalshiThe CFTC used its emergency authority to order Kalshi to keep operating as normal, citing New York's motion to bar Kalshi from offering event contracts 'within or from New York' and the state's demand for at least $36 billion.
CFTC Order Directing Kalshi to Continue Exercising DCM Functions
2026-08-07KalshiNew York moved to send its Kalshi case back to state court; the motion was reassigned to Judge Vernon S. Broderick and fully briefed by August 28.
People of the State of New York v. KalshiEX LLC, No. 1:26-cv-06550 (S.D.N.Y.), docket (CourtListener)
2026-08KalshiA federal judge in Manhattan denied, without prejudice, the CFTC's emergency request for a temporary restraining order that would have blocked New York's enforcement case against Kalshi.
NY Judge Denies CFTC Motion to Halt Enforcement Action Against Kalshi (Cointelegraph) (news)
2026-07-31KalshiAttorney General Letitia James sued Kalshi in state court under Executive Law 63(12), seeking to stop it operating as an unlicensed gambling business plus restitution, forfeiture of gains and fines of three times its gains.
Governor Hochul and Attorney General James Announce New York Has Sued Kalshi for Running Illegal Gambling Operation
2026-07-31KalshiKalshi removed the Attorney General's case to federal court in Manhattan the same day (S.D.N.Y. No. 1:26-cv-06550).
People of the State of New York v. KalshiEX LLC, No. 1:26-cv-06550 (S.D.N.Y.), docket (CourtListener)
2026-07-29KalshiA single Second Circuit judge denied Kalshi a temporary injunction and referred its motion for an injunction pending appeal to a three-judge panel.
KalshiEX LLC v. Williams, No. 26-1835 (2d Cir.), docket entry 32 (CourtListener)
2026-07-27KalshiThe district court denied Kalshi's emergency motion for an injunction pending appeal and its request for short-term administrative relief.
KalshiEX LLC v. Williams, No. 25-cv-08846-AT (S.D.N.Y.), Order, Doc. 113
2026-07-08KalshiKalshi's appeal of that ruling was docketed at the U.S. Court of Appeals for the Second Circuit as No. 26-1835.
People of the State of New York v. KalshiEX LLC, Verified Petition (N.Y. Sup. Ct., New York County)
2026-07-07KalshiJudge Analisa Torres (S.D.N.Y.) denied Kalshi's motion for a preliminary injunction against the Gaming Commission officials, finding all four injunction factors weighed against Kalshi.
KalshiEX LLC v. Williams, No. 25-cv-08846-AT (S.D.N.Y.), Opinion and Order, Doc. 106
2026-04-24KalshiThe CFTC sued the State of New York in federal court in Manhattan, seeking a ruling that the CFTC has exclusive authority over event contracts and an injunction against state enforcement against its registrants.
CFTC Sues New York Over Prediction Markets Amid Ongoing Efforts to Preserve Jurisdiction (Release 9218-26)
2025-10-28KalshiThe Gaming Commission agreed not to take enforcement action over the conduct in its cease-and-desist until the court ruled on Kalshi's injunction request.
People of the State of New York v. KalshiEX LLC, Verified Petition (N.Y. Sup. Ct., New York County)
2025-10-27KalshiKalshi sued the Gaming Commission and its commissioners in federal court in Manhattan (KalshiEX LLC v. Williams, No. 25-cv-08846) to block the cease-and-desist.
People of the State of New York v. KalshiEX LLC, Verified Petition (N.Y. Sup. Ct., New York County)
2025-10-24KalshiThe New York State Gaming Commission ordered Kalshi to cease and desist from operating an unlicensed mobile sports wagering platform in New York.
Governor Hochul and Attorney General James Announce New York Has Sued Kalshi for Running Illegal Gambling Operation

Good to know

State regulator: New York State Gaming Commission. Regulates sports wagering and issued the October 2025 cease-and-desist to Kalshi; the Attorney General (ag.ny.gov) brings the court enforcement cases.

The federal picture

Kalshi has been a CFTC-designated contract market since November 4, 2020 (CFTC release 8302-20). Whether states may still apply their gambling laws to sports event contracts is being decided in the courts, and the federal appeals courts do not agree yet:

How sure is this page? Confidence: high. Current availability is reported by CBS Sports and Covers within the last two days, and each state or court event listed is confirmed by court records, CFTC orders, or New York government releases, though the status could change quickly once the remand and Second Circuit motions are decided. Researched September 25, 2026; court cases can change the status at any time, so check Kalshi's app before you trade.

Related: every state · is Polymarket legal in New York? (Polymarket View) · Kalshi fee calculator · Kalshi taxes · Kalshi FAQ

Other states

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Frequently asked questions

Is Kalshi legal in New York?

As of September 25, 2026, Kalshi is available in New York, and its sports contracts are available, according to CBS Sports (September 24, 2026). 17 state actions involving Kalshi and 4 involving Polymarket are listed below with their sources. This is a dated summary of public sources, not legal advice.

Can I trade sports contracts on Kalshi in New York?

Kalshi's sports contracts are available in New York according to the sources on this page as of September 25, 2026. State lawsuits and court orders can change that quickly, so check the dated timeline and Kalshi's app.

Is Kalshi regulated?

Yes, federally: the CFTC designated KalshiEX LLC as a contract market on November 4, 2020. States disagree on whether their gambling laws also reach sports event contracts, and federal courts are split, so availability differs by state.