Is Kalshi legal in Ohio?

By Vardan KhachatryanPublished: Updated: Litigation tracker

Yes, for now, but contested. Kalshi is legal in Ohio as a CFTC-regulated exchange, and its sports contracts still trade. On September 25, 2026, the Sixth Circuit ruled Ohio's gambling law applies to them. Kalshi seeks a rehearing. Ohio has proposed a $5 million fine, and no court stands in its way.

Kalshi in Ohio

Contested for sports contracts, with no restriction in force.

Sports contracts
Available, but contested
Other contracts
Available
Regulator
CFTC: a designated contract market (DCM) and derivatives clearing organization
Rulings and actions in Ohio
4 on record, listed in the timeline
Proposed fine
$5 million, not yet final
Appeals court ruling
Against Kalshi, September 25, 2026; rehearing sought October 9
Federal appeals court
Sixth Circuit: ruled against Kalshi on September 25, 2026
Last change
October 9, 2026

Each entry on this page links the ruling or report it rests on. Nothing here is legal advice.

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Why Kalshi is legal in Ohio, for now

Kalshi is a federally regulated exchange. The CFTC designated it a contract market in 2020, the status futures exchanges hold.

That covers its markets on elections, the economy and the weather. Ohio has not challenged those.

Sports are the fight. Ohio says a contract on a Browns game is sports gaming, and sports gaming needs a state license.

Kalshi asked federal courts to stop Ohio enforcing that view. It lost in March, and it lost again on appeal on September 25. On October 9, it asked the full appeals court to rehear the case.

So why does it still trade here? No court has ordered it out, and Ohio's fine is not final. That can change quickly.

What you can trade on Kalshi from Ohio

Everything Kalshi lists: sports, politics, economics, crypto, culture and weather. You must be 18 or over and pass its ID checks.

Sports are the big draw. Browns, Bengals, Guardians, Reds, Cavaliers and Buckeyes markets all trade, for now.

Politics is busy too. Ohio elects a governor and a US senator on November 3, 2026.

Vivek Ramaswamy faces Amy Acton for governor: see the live Ohio governor odds. Jon Husted faces Sherrod Brown in the Ohio Senate race.

Sports are the part at risk. If Ohio acts, those markets could close to Ohio traders with little notice.

How Kalshi works for Ohio traders

Every Kalshi contract is a yes-or-no question. It pays $1 if the answer is yes and nothing if it is no.

The price is the market's odds. A contract at 60¢ means traders put the chance at about 60%.

Say the Browns are 60¢ to win on Sunday. You buy 100 contracts for $60. Kalshi's standard fee on that trade is $1.68.

If the Browns win, you collect $100, a $38.32 profit. If they lose, you are out $61.68.

You trade against other people, not the house. The fee is highest near 50¢ and shrinks toward either end. Our Kalshi fees guide has the schedule.

What Ohio has said about Kalshi

Ohio's Casino Control Commission moved early. In spring 2025, it ordered three prediction market operators, Kalshi among them, to stop offering sports contracts.

Its order was specific. Kalshi was selling contracts on sports “to citizens located within the State of Ohio, without a sports gaming license.”

It called taking trades from people under 21 “a flagrant disregard of Ohio's statutory gambling age limit.”

In August 2025, it warned its own sportsbook licensees too. Working with such a platform could cost them their Ohio licenses.

Dave Yost, then Ohio's attorney general, said in April he “wouldn't bet” on Kalshi's long-term future in Ohio.

On October 2, the commission sent cease-and-desist letters to 10 other firms over sports contracts. Kalshi was not among them. Attorney General Andy Wilson has said the apps must comply “or we're gonna force them into compliance.”

Kalshi's lawsuit against Ohio, explained

Kalshi sued in October 2025. The case is KalshiEX LLC v. Schuler, No. 2:25-cv-01165, in federal court in Columbus.

It named the commission, its members, Executive Director Matthew Schuler and Yost. Kalshi said federal law leaves Ohio's gambling laws no role.

Judge Sarah D. Morrison disagreed. On March 9, 2026, she denied Kalshi a preliminary injunction.

On April 14, the commission proposed a $5 million fine. It said Kalshi ignored its cease-and-desist order and pays no Ohio sports gaming tax.

Ten days later, a Sixth Circuit panel refused to pause Ohio's law during the appeal. It found the merits, at best for Kalshi, evenly balanced.

On September 25, 2026, the merits panel ruled. Judge Julia Smith Gibbons wrote for all three judges.

Kalshi's sports contracts are not swaps, the court held, so the CFTC's exclusive control does not reach them. Even if they were, Ohio's law would still apply.

Kalshi argued it could not block Ohio users. The court disagreed: “expensive does not mean impossible,” it wrote.

It is “the states, rather than the federal government, that are best suited to regulate sports betting,” it added. Kalshi disagrees and doubts the ruling will survive further review.

On October 9, Kalshi asked the full Sixth Circuit to rehear the case. It argues the ruling conflicts with other appellate decisions, and that the CFTC's October 9 rules warrant rehearing.

What could change Kalshi's status in Ohio

Three things could. The first is the commission. Its $5 million fine is still only a proposal, and Kalshi could ask for a hearing.

Nothing stops Ohio from enforcing its law in other ways, either. We found no new action against Kalshi as of October 19.

The second is the full Sixth Circuit. Kalshi asked it to rehear the case on October 9, as it has in the Ninth.

The third is the Supreme Court. New Jersey has asked it to settle the question, and Kalshi's response is due November 9. Ohio led 38 other states and DC in backing that request on October 7. On October 9, 2026, the CFTC proposed a rule defining event contracts, sports included, as swaps.

Lawmakers are moving as well. Senate Bill 430 would count trading sports event contracts as sports wagering. Our litigation tracker follows each case.

Kalshi in Ohio: timeline

Every change to Kalshi's position in Ohio, newest first. Each entry links the ruling or report behind it.

Kalshi petitioned for rehearing en banc of the Sixth Circuit's September 25 ruling for Ohio and Tennessee. It argues the decision conflicts with Sixth, Third and Ninth Circuit rulings, and that the CFTC's October 9 rules undermine it. Source
Ohio sent cease-and-desist letters over sports contracts to 10 other firms, citing the Sixth Circuit. Kalshi was not among them. Source
The Sixth Circuit upheld the denial of Kalshi's injunction. It held sports contracts are not swaps, so Ohio's gaming law applies. Source
The Sixth Circuit heard Kalshi's Ohio and Tennessee appeals together. Source
A Sixth Circuit panel refused to block Ohio's gambling law while Kalshi's appeal ran, and fast-tracked the case. Source
The Casino Control Commission issued notice that it intends to fine Kalshi $5 million. The fine is not final. Source
Judge Sarah D. Morrison denied Kalshi a preliminary injunction against Ohio's regulators. Source
Kalshi sued the Casino Control Commission and the attorney general in federal court, after the commission ordered it to stop. Source
The commission warned sportsbook licensees that working with prediction markets could cost them their licenses. Source

How Kalshi compares to sports betting in Ohio

Sports betting is legal in Ohio. Lawmakers approved it in December 2021, and online and in-person betting launched on January 1, 2023.

It is a big market. Ohio's sportsbooks earned $1.04 billion in 2025, one of four states above $1 billion.

They pay a 20% state tax, and 2% of it funds problem-gambling programs. They must also turn away anyone under 21.

Kalshi does neither, and that is Ohio's complaint. The product differs too: a sportsbook sets odds, while Kalshi matches you with another trader.

Other prediction market apps in Ohio

The ruling reaches further than Kalshi. Its reasoning applies to any sports contract on a federal exchange, whoever sells it.

Brokers such as Robinhood, Coinbase and Webull sell Kalshi's contracts, so an Ohio block on Kalshi would reach them. Ohio has also sent all three their own cease-and-desist letters. DraftKings and FanDuel run sportsbooks here, so their prediction apps skip sports.

Here is where each app we rank stands. For the full picture, see prediction markets in Ohio.

Every app we rank, in ranking order, and where it stands in Ohio.
AppStatus in OhioMore
Gemini PredictionsAvailable, sports includedGemini Predictions review
Polymarket USContested for sports contracts, with no restriction in forcePolymarket review
OGAvailable, but not for sports contractsOG review
Interactive BrokersAvailable; it lists no sports contracts anywhereInteractive Brokers review
RobinhoodContested for sports contracts, with no restriction in forceRobinhood review
ProphetXAvailable, sports includedProphetX review
CoinbaseAvailable, sports includedCoinbase review
WebullAvailable, sports includedWebull review
NovigAvailable, sports includedNovig review
DraftKings PredictionsAvailable, but not for sports contractsDraftKings Predictions review
Fanatics MarketsNot availableFanatics Markets review
FanDuel PredictsAvailable, but not for sports contractsFanDuel Predicts review
PrizePicksAvailable, but not for sports contractsPrizePicks review
Underdog PredictAvailable, sports includedUnderdog Predict review

How to use Kalshi in Ohio

Sign up with your email, confirm your identity with a driver's license or passport, and fund the account.

Kalshi takes bank transfers, debit cards, Apple Pay, PayPal, Venmo, wires and crypto, among others. Withdrawals carry no Kalshi fee.

Think twice before a long-dated sports position in Ohio. If the state acts, those markets could close before your event settles.

Before you fund it, read our Kalshi review for its fees, payouts and lawsuits. New to all this? Start with what prediction markets are.

Kalshi in Ohio: FAQ

Can I use Kalshi in Ohio?

Yes. If you are 18 or over, you can trade every category, sports included. Ohio says the sports contracts are illegal, and a federal appeals court has now sided with the state.

Is Kalshi banned in Ohio?

No. No court has ordered Kalshi out of Ohio, and the state's $5 million fine is not final. But nothing now stops Ohio from enforcing its gambling law.

What did the Sixth Circuit decide about Kalshi?

On September 25, 2026, it held Kalshi's sports contracts are not swaps. So Ohio and Tennessee may apply their gambling laws. All three judges agreed. Kalshi has asked the full court to rehear the case.

Did Ohio fine Kalshi?

It proposed one. On April 14, 2026, the Casino Control Commission gave notice of a $5 million fine. The fine is not final.

How old do you have to be to use Kalshi in Ohio?

18. Kalshi's minimum age is 18, while Ohio sportsbooks require 21. The commission has called that gap “a flagrant disregard” of Ohio's gambling age.

Is sports betting legal in Ohio?

Yes. Online and in-person sportsbooks opened on January 1, 2023. You must be 21 and in Ohio to bet.

Is Polymarket legal in Ohio?

Polymarket US operates under the CFTC. On October 2, 2026, Ohio's Casino Control Commission ordered it to stop offering sports contracts here, citing the Sixth Circuit. Polymarket US sued Ohio officials on October 16. No court order is in force.

Do I pay tax on Kalshi profits in Ohio?

Yes. Profits are taxable income, and Ohio's rate is a flat 2.75% on income over $26,050 in 2026. How the IRS treats event contracts is not settled.

Is this legal advice?

No. It summarizes public rulings and filings, each cited. For a decision that matters, ask a lawyer licensed in Ohio.

Sources

  1. Sixth Circuit: KalshiEX LLC v. Schuler, Nos. 26-3196/5235 (Sep 25, 2026)
  2. S.D. Ohio: KalshiEX LLC v. Schuler, No. 2:25-cv-01165 (docket)
  3. WCPO / Journal-News: Ohio moves to fine Kalshi $5 million
  4. 13abc: Ohio Casino Control Commission seeks to fine Kalshi $5M
  5. Sports Betting Dime: the $5 million notice, with the commission's findings
  6. CNBC: appeals court rules states can regulate Kalshi's sports prediction markets
  7. Bloomberg Law: Kalshi can face Ohio, Tennessee enforcement after new ruling
  8. Sports Betting Dime: the Sixth Circuit ruling and Kalshi's rehearing request in the Ninth
  9. American Gaming Association: State of the States 2026, Ohio
  10. NEXTPredict: Ohio bill would treat sports event contracts as sports gaming
  11. Supreme Court docket: Flaherty v. KalshiEX, No. 26-299
  12. CFTC designates KalshiEX LLC as a contract market
  13. Kalshi fee schedule
  14. Tax Foundation: state income tax rates for 2026
  15. Ohio Casino Control Commission: cease-and-desist letters to 10 firms (Oct 2, 2026)
  16. Sixth Circuit: Kalshi's petition for rehearing en banc, Nos. 26-3196/26-5235 (Oct 9, 2026)
  17. S.D. Ohio: QCX LLC v. Wilson, No. 2:26-cv-01502 (docket)
  18. Supreme Court: brief of Ohio, 38 other states and DC backing New Jersey, No. 26-299 (Oct 7, 2026)
  19. CFTC Release 9310-26: proposed rule defining event contracts as swaps (Oct 9, 2026)
  20. News5 Cleveland: prediction market platforms ignoring Ohio's legal threats

18+. Event contracts can lose their entire value. Nothing here is financial or legal advice. Trading responsibly.