Are prediction markets legal in New Mexico?
2026-10-17
New Mexico's Attorney General sued Kalshi in 2026, and tribes have sued too, but Polymarket US and Novig have both secured court-approved standstills: the state has agreed not to enforce against them while their cases are paused. All the main platforms remain available.
| Platform | Status in New Mexico (October 17, 2026) |
|---|---|
| Kalshi | Available — state action contested |
| Polymarket US | Available — state action contested |
| Novig | Available — state action contested |
| PredictIt | Available |
| Robinhood | Available |
| DraftKings Predictions | Available |
| FanDuel Predicts | Available |
Prediction markets are available in New Mexico, but they’re being fought over in court. As of October 17, 2026, the Attorney General is suing Kalshi, and the CFTC is suing the state. Polymarket US and Novig have each secured court-approved standstills under which New Mexico won’t enforce against their sports contracts while their lawsuits are paused.
New Mexico’s position
New Mexico allows sports betting only in person at tribal casinos, as reported by Covers. Attorney General Raúl Torrez has said the only lawful gaming “operates either under tribal-state gaming compacts, or under strict state regulations.”
Kalshi in New Mexico
The Attorney General sued Kalshi in Santa Fe on June 4, 2026, alleging an unlicensed sportsbook and trading by 18-to-20-year-olds. Kalshi moved the case to federal court, the state asked for it to be sent back, and a hearing is set for November 10, 2026. Separately, the CFTC sued New Mexico on June 12, 2026 (no ruling yet), and the Mescalero Apache Tribe and three Pueblos have sued Kalshi under federal Indian gaming law. See is Kalshi legal?
Polymarket US and Novig: standstills
Both platforms sued New Mexico officials, and both cases are paused:
- Polymarket US (filed June 30, 2026; stayed August 14): in the joint motion, the state agreed it “will not initiate, pursue, or maintain any civil or criminal enforcement action” over Polymarket’s sports contracts “until at least 14 days after the stay… terminates.”
- Novig (filed August 6, 2026): the court ordered the case “STAYED until August 13, 2027,” with the same enforcement standstill.
Other platforms
- PredictIt and Robinhood: no New Mexico action found.
- DraftKings and FanDuel: both offer sports contracts in New Mexico, which has no online sportsbooks.
For every state side by side, see our legality tracker.
Frequently asked questions
Is Kalshi legal in New Mexico?
It's contested. New Mexico's Attorney General sued Kalshi in state court on June 4, 2026, alleging it runs an unlicensed sportsbook and lets 18-to-20-year-olds trade. Kalshi moved the case to federal court, the state wants it sent back, and a hearing is scheduled for November 10, 2026. Kalshi remains available.
Is Polymarket legal in New Mexico?
Polymarket US is available. It sued New Mexico officials in June 2026, and the court paused the case in August. In the joint motion, the state agreed it will not bring enforcement over Polymarket's sports contracts until at least 14 days after the stay ends.
Is sports betting legal in New Mexico?
Only in person at tribal casinos, as reported by Covers. There is no statewide online sports betting. New Mexico's Attorney General says the only lawful gaming 'operates either under tribal-state gaming compacts, or under strict state regulations.'
Sources
- CourtListener — State of New Mexico v. Kalshi (removed to D.N.M. 6:26-cv-01857)
- CourtListener — United States (CFTC) v. State of New Mexico (D.N.M. 1:26-cv-01912)
- CourtListener — Mescalero Apache Tribe v. Kalshi (D.N.M. 1:26-cv-01517)
- Polymarket US (QCX LLC) v. Torrez — joint motion to stay with enforcement standstill (July 24, 2026)
- Novig (Ludlow Exchange) v. Torrez — order staying case until August 13, 2027 (September 2, 2026)
- Albuquerque Journal — New Mexico's AG files suit against Kalshi (June 2026; secondary)
- Covers — CFTC sues New Mexico over prediction markets (June 2026; secondary)
Last checked:
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).