Prediction Market Legality Checker

Every prediction market platform has different state-level availability, and it changes as courts issue new rulings. This tool gives you an instant snapshot of what’s available where you live — across Kalshi, FanDuel Predicts, and Polymarket — for both sports and non-sports markets.

Last updated: March 2026

This tool is for informational purposes only and does not constitute legal advice. The legal landscape for prediction markets is evolving rapidly. Court rulings and regulatory actions may change the status described here at any time. Consult a licensed attorney for advice on your specific situation.


Data reflects published enforcement actions and platform disclosures as of March 2026. Status may change as courts issue rulings.

Understanding the Results

Why Availability Varies by State

Prediction markets are regulated at the federal level by the CFTC, which treats event contracts as derivatives (swaps) under the Commodity Exchange Act. This gives the CFTC what it claims is “exclusive jurisdiction” over these products.

State gambling commissions disagree. They argue that sports event contracts are functionally identical to sports bets — and that states have sovereign authority to regulate gambling within their borders. This CFTC-versus-state conflict is the core legal question driving all current litigation.

The result: sports contracts are the primary battleground. Non-sports contracts (politics, economics, crypto, weather) face far less opposition because they don’t overlap with existing state-regulated sports betting markets. For the full breakdown of every court case and regulatory action, see our complete legal guide.

What “Restricted” Means

When a platform is listed as “restricted” in a state, it means one of two things: the platform has voluntarily withdrawn from that state following a cease-and-desist order, or a court injunction has blocked the platform from operating there.

This does not necessarily mean that using prediction markets is illegal for residents of that state. The legal question — whether federal CFTC jurisdiction preempts state gambling laws — is unresolved. Federal courts are split. Some have ruled for federal preemption (Kalshi won injunctions in Nevada, New Jersey, and Tennessee), while others have ruled for state authority (Kalshi lost in Maryland and Massachusetts).

The issue is widely expected to reach the Supreme Court.

What to Do If Your State Is Restricted

If Kalshi has withdrawn from your state, you still have options:

  • FanDuel Predicts financial markets are available in all 50 states. FanDuel Predicts operates through CME Group’s existing designated contract market designations — a different regulatory path than Kalshi’s direct DCM.
  • Polymarket is rolling out its US platform, though it’s currently in invite-only waitlist mode regardless of your state.
  • The legal landscape is changing rapidly. Court rulings are issued regularly, and platforms may expand or restrict access on short notice. Bookmark this page and check back.

For deeper context on the federal preemption debate and every pending lawsuit, read Are Prediction Markets Legal? The Complete 2026 Guide.

How the Three Major Platforms Compare

Beyond legality, each platform has different strengths. Kalshi has the widest US market selection, FanDuel Predicts has the most accessible onboarding for mainstream users, and Polymarket leads in global liquidity and lowest fees. For detailed scoring across 9 categories, see our Best Prediction Market Platforms comparison.

Common Questions

Are prediction markets legal in my state?

At the federal level, yes — prediction markets operate as CFTC-regulated derivatives in all 50 states. At the state level, the answer is more complicated. At least 11 states have issued cease-and-desist orders targeting sports event contracts, and Kalshi has withdrawn from 8 of them. Non-sports markets remain widely available. Read the full legal analysis.

Which states have restricted prediction markets?

As of March 2026, Kalshi has restricted access in 8 states: Arizona, Illinois, Maryland, Massachusetts, Michigan, Montana, New Jersey, and Ohio. Four additional states (Connecticut, Nevada, New York, Tennessee) have issued C&D orders but Kalshi continues to operate there after contesting enforcement. FanDuel Predicts financial markets remain available in all 50 states.

Can I still use prediction markets if my state issued a cease-and-desist?

Depends on the platform. FanDuel Predicts financial markets are available in all 50 states through CME Group’s regulatory structure. Kalshi, however, has voluntarily withdrawn from 8 states, and residents there cannot currently access the platform. The underlying legal question — whether CFTC jurisdiction preempts state gambling laws — remains unresolved in the courts.

Which prediction market platforms work in all 50 states?

FanDuel Predicts financial and economic markets are available in all 50 states as of January 2026. However, FanDuel Predicts sports contracts are only offered in 18 states where FanDuel does not operate a traditional sportsbook. Kalshi covers approximately 43 states plus DC. Polymarket is in waitlist-only mode for US users.

Are sports prediction markets legal?

Sports event contracts are the most contested category. The CFTC classifies them as regulated derivatives, but multiple state gambling commissions argue they are sports bets. Federal courts have issued conflicting rulings. More than 36 states have filed amicus briefs asserting authority to regulate sports contracts as gambling. Non-sports markets (politics, economics, crypto) face significantly less opposition. For the full picture, see our legal guide.

Will more states restrict prediction markets?

Possibly. Over 36 states have signaled opposition through amicus briefs, suggesting more enforcement actions could come. However, the Trump administration strongly supports prediction markets, and the CFTC has filed briefs asserting exclusive federal jurisdiction. A Supreme Court ruling — which most legal observers expect — would establish a definitive answer. Until then, the status will keep shifting state by state.

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