Are prediction markets legal in New Jersey?

New Jersey is ground zero for the prediction-market fight. Kalshi beat the state at the Third Circuit in April 2026, so its sports contracts remain available, but New Jersey has asked the Supreme Court to overturn that ruling. A decision on whether to hear the case could come after Kalshi responds on November 9, 2026.

Yes, prediction markets are available in New Jersey. As of October 17, 2026, Kalshi’s sports contracts are live there because of a federal appeals court win. New Jersey’s challenge to that ruling is now in front of the Supreme Court, which makes this the state most likely to decide the national question.

New Jersey’s position

New Jersey fought for legal sports betting and won it in 2018. Licensed operators could begin “accepting bets on June 14, 2018,” online and at casinos and racetracks, under the Division of Gaming Enforcement. Bettors must be 21. In 2025 the state sent Kalshi a cease-and-desist letter saying its sports contracts violated “New Jersey’s constitution and gambling laws.” Lawmakers have also introduced bills to ban some prediction markets or tax them. One, S4447, cleared a Senate committee in June 2026 with a proposed 9% surtax. Its final status is unconfirmed.

Kalshi in New Jersey

Kalshi sued, and a federal judge in New Jersey blocked the state from enforcing. On April 6, 2026 the Third Circuit affirmed, 2–1: “Because Kalshi has demonstrated a reasonable chance of success on its argument that the Commodity Exchange Act… preempts otherwise applicable state law, we will affirm.” That ruling conflicts with later Ninth and Sixth Circuit decisions. New Jersey petitioned the Supreme Court (Flaherty v. KalshiEX, No. 26-299) in September 2026, and Kalshi’s response is due November 9, 2026. Ohio and dozens of other states, the NFL, the American Gaming Association and tribes have filed briefs supporting New Jersey. See is Kalshi legal?

Other platforms

• Robinhood: sued New Jersey in August 2025. Consent orders have granted it preliminary relief, most recently extended on October 2, 2026.
• Novig: left New Jersey in August 2025 during its sweepstakes era, reported by Sportico. As a CFTC-regulated exchange it now lists New Jersey as available, and we found no action against it.
• Polymarket US and PredictIt: no New Jersey action found.
• DraftKings and FanDuel don’t offer sports contracts in New Jersey, where they run licensed sportsbooks.

For every state side by side, see our legality tracker.

Not legal or betting advice. 18+ (21+ where required). Prediction markets involve risk of loss — only trade what you can afford to lose. Gambling problem? Call or text 1-800-MY-RESET (National Problem Gambling Helpline, 24/7).