Are prediction markets legal in West Virginia?
2026-10-18
West Virginia has legal sports betting, retail and mobile, run through the West Virginia Lottery, and as of October 2026 we found no state action against any prediction market. Kalshi, Polymarket US, Novig, PredictIt and Robinhood are available, though the Attorney General has criticised them.
| Platform | Status in West Virginia (October 17, 2026) |
|---|---|
| Kalshi | Available |
| Polymarket US | Available |
| Novig | Available |
| PredictIt | Available |
| Robinhood | Available |
| DraftKings Predictions | No sports contracts |
| FanDuel Predicts | No sports contracts |
Yes, prediction markets are available in West Virginia. As of October 18, 2026, we found no West Virginia Lottery, Attorney General or court action against Kalshi, Polymarket US, Novig or PredictIt.
West Virginia’s position
West Virginia legalised sports betting in 2018, with the first legal bet taken at Hollywood Casino at Charles Town Races. Operators may accept wagers from anyone “physically located within this state,” and a person placing a wager “shall be at least 21 years of age.”
Attorney General JB McCuskey has been critical. Speaking at a July 2026 lawmakers’ conference, he pointed to “inherent unfairness” in prediction markets competing with licensed sportsbooks, per Covers, and he signed the October 2026 states’ brief at the US Supreme Court. We found no West Virginia enforcement. See is Kalshi legal?
What’s available
Kalshi, Polymarket US, Novig, PredictIt and Robinhood are available in West Virginia. DraftKings and FanDuel run sportsbooks here and don’t offer sports contracts. Compare every state in our legality tracker.
Frequently asked questions
Is Kalshi legal in West Virginia?
Kalshi is available in West Virginia. We found no West Virginia Lottery or Attorney General enforcement against Kalshi, Polymarket US, Novig or PredictIt as of October 18, 2026.
Is sports betting legal in West Virginia?
Yes, since 2018, both at casinos and on mobile apps for people physically in the state. West Virginia law says a person placing a wager 'shall be at least 21 years of age.'
What has West Virginia's Attorney General said about prediction markets?
At a July 2026 lawmakers' conference, Attorney General JB McCuskey criticised the 'inherent unfairness' of prediction markets competing with licensed sportsbooks, per Covers. He also signed the October 2026 states' Supreme Court brief.
Sources
- West Virginia Code § 29-22D-15 (21+, wagers from within the state)
- SBC Americas — Hollywood Casino takes first legal sports bet in West Virginia (September 3, 2018, secondary)
- Covers — Attorneys general on prediction markets (July 16, 2026, secondary)
- US Supreme Court — States' amicus brief in Flaherty v. KalshiEX, No. 26-299 (West Virginia signatory, October 2026)
- FanDuel — Predicts new customer offer terms (eligible sports-contract states)
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).