Is Kalshi legal? › Washington

Is Kalshi legal in Washington?

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

Status at a glance

Kalshi is restricted in Washington: a King County Superior Court injunction (amended 2026-08-12) bars sports, election, politics, entertainment, culture, tech/science and mention contracts, while commodities, climate, economics and finance contracts remain. Polymarket US is reported live, and no Washington action against it was found.

What the status rests on

• Law360 reported that a King County Superior Court judge denied Kalshi's request to reconsider the August order, so the ban on most event contracts for Washington residents stays in place. Kalshi Loses Bid To Lift Wash. Event Contracts Ban (Law360) (news), September 18, 2026
• Covers says Kalshi's Washington access is subject to a preliminary injunction and court-ordered restrictions. Polymarket vs. Kalshi: Comparing Promos, Pricing, Fees & More in 2026 (Covers) (news), September 24, 2026
• Covers reported that Kalshi began restricting Washington users from sports, election, entertainment, culture and mentions contracts on 2026-08-19, and kept its commodities, climate, economics and finance markets. Kalshi Starts Restricting Access to Sports Prediction Markets in Washington State (Covers) (news), August 20, 2026
• The court order bars Kalshi from offering event contracts in Washington on sports, elections, politics, entertainment, culture, tech and science, and mentions, and says the ban does not cover Commodities, Climate, Economics and Finance. Amended and Updated Order Granting Plaintiff State of Washington's Amended Motion for Preliminary Injunction, State of Washington v. KalshiEX, LLC, King County Superior Court No. 26-2-10264-3 SEA, August 12, 2026

What has happened in Washington

Good to know

• The Gambling Commission notice says Washington residents can legally bet on sports at tribal casinos authorized under tribal-state gaming compacts. Prediction Markets (Washington State Gambling Commission)
• The order lets Washington users exit positions they already hold, close or deactivate their accounts, and withdraw funds; it names neither Kalshi's 'Crypto' category nor any other category beyond the prohibited and excepted lists. Amended and Updated Order Granting Plaintiff State of Washington's Amended Motion for Preliminary Injunction
• The court found that Kalshi solicits bets from all Washington consumers over the age of eighteen. Amended and Updated Order Granting Plaintiff State of Washington's Amended Motion for Preliminary Injunction
• In a 2026-08-28 letter reported by Covers, Kalshi's lawyers accused the AG of 'selective non-enforcement', including 'non-enforcement against Polymarket', which Covers says has not faced the same restrictions in Washington. Kalshi Calls Out Washington State for 'Selective Non-Enforcement' (Covers) (news)
• Robinhood Derivatives sued Gambling Commission members and AG Brown in federal court in Tacoma on 2026-03-30 (W.D. Wash. 3:26-cv-05311); on 2026-05-21 the court granted a stipulated motion 'concerning enforcement actions' and stayed the case pending a Ninth Circuit decision. Robinhood Derivatives LLC v. Griffin (CourtListener docket)
• Crypto.com's exchange North American Derivatives Exchange (OG) sued Washington officials on 2026-07-22 (W.D. Wash. 2:26-cv-02579); a stipulation concerning enforcement actions was filed 2026-08-18, and the case was stayed on 2026-08-31 pending related Ninth Circuit appeals. North American Derivatives Exchange Inc v. Brown (CourtListener docket)
• No Washington enforcement action against Polymarket found as of 2026-09-25 (checked: WA AG consumer-protection releases through 2026-09-22, the Gambling Commission press-release list whose only item is the 2025-12-09 notice, and CourtListener dockets in W.D. and E.D. Wash.). No Washington tribal lawsuit against Kalshi or Polymarket was found on CourtListener, and 2026 state legislation was not checked. AGO News Releases With Topic: consumer protection (WA AG)

State regulator: Washington State Gambling Commission. Issued the 2025-12-09 notice. The Attorney General's Office (atg.wa.gov) is the party suing Kalshi.

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:

• 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 sure is this page? Confidence: medium. Kalshi's restricted status and the key events are confirmed by court records and several September 2026 outlets, but Polymarket US availability in Washington rests only on Covers. 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 Washington? (Polymarket View) · Kalshi fee calculator · Kalshi taxes · Kalshi FAQ

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