Is Kalshi legal in Tennessee?

By Vardan KhachatryanLast updated: Litigation tracker

Yes, for now, but its shield is going. Kalshi is legal in Tennessee as a CFTC-regulated exchange, and its sports contracts still trade under a federal court order. On September 25, 2026, the Sixth Circuit vacated that order. Once the ruling takes effect, Tennessee can enforce its demand that Kalshi stop.

Kalshi in Tennessee

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 Tennessee
2 on record, listed in the timeline
State order to stop
Sports Wagering Council, January 9, 2026
Kalshi's injunction
Vacated September 25, 2026; takes effect when the court issues its mandate
Federal appeals court
Sixth Circuit: ruled against Kalshi on September 25, 2026
Last change
September 25, 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 Tennessee, 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. Tennessee's fight is only about sports.

In January, the state ordered Kalshi to stop its sports contracts. Kalshi won a federal injunction in February, and kept trading.

That injunction is now on borrowed time. On September 25, the Sixth Circuit vacated it. Here is what that means, and when it takes effect.

What you can trade on Kalshi from Tennessee

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

Sports are the draw. Titans, Predators, Grizzlies, Vols and Commodores markets all trade.

Politics is on the menu too. Tennessee elects a governor on November 3, 2026, with Marsha Blackburn against Jerri Green. See the live Tennessee governor odds.

Sports are the part at risk. When the Sixth Circuit's ruling takes effect, nothing will stop Tennessee enforcing its order against them.

As of September 28, we found no report that Kalshi had switched off sports in Tennessee.

How Kalshi works for Tennessee 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 Titans are 60¢ to win on Sunday. You buy 100 contracts for $60. Kalshi's standard fee on that trade is $1.68.

If the Titans 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 Tennessee has said about Kalshi

Tennessee warned early. In April 2025, its Sports Wagering Council wrote to the CFTC, listing 13 ways sports contracts would break state law.

On January 9, 2026, it ordered Kalshi, Polymarket and Crypto.com's exchange to stop sports contracts for Tennessee customers.

The letters also demanded that open contracts be voided and deposits refunded by January 31. Penalties run up to $25,000 per violation.

Executive Director Mary Beth Thomas called the contracts “an immediate and significant threat to the public interest of Tennessee.”

After the appeals ruling, Attorney General Jonathan Skrmetti was blunt. “Kalshi attempted an end run around Tennessee law,” he said. “They failed.”

Kalshi's lawsuit against Tennessee, explained

The case is KalshiEX LLC v. Orgel, No. 3:26-cv-00034, in federal court in Nashville. William Orgel chairs the Sports Wagering Council.

Kalshi sued soon after the council's letter, and won a temporary restraining order the same day.

On February 19, 2026, Judge Aleta A. Trauger granted a preliminary injunction. She found Kalshi's sports contracts are swaps, so federal law overrides Tennessee's.

She also found the council itself immune from suit. The injunction runs against its chairman, its executive director and the attorney general.

Tennessee appealed, No. 26-5235. The Sixth Circuit heard it alongside Kalshi's Ohio appeal on July 30.

On September 25, all three judges ruled for the states. Kalshi's sports contracts are not swaps, they held, and Tennessee's law is not preempted.

The court vacated the injunction and sent the case back to Judge Trauger. Kalshi says it disagrees with the ruling.

What could change Kalshi's status in Tennessee

Timing comes first. An appeals ruling takes effect when the court issues its mandate.

Under the federal rules, that is normally 21 days after judgment, around October 16. A petition for rehearing would push it back.

Once the mandate issues, the January order can be enforced. Kalshi would face a choice: block Tennessee users, or risk penalties and criminal referrals.

Kalshi could ask the full Sixth Circuit to rehear the case, as it has in the Ninth. Or it could take the fight to the Supreme Court.

New Jersey has already asked the Supreme Court to settle the question for every state. Our litigation tracker follows each case.

Kalshi in Tennessee: timeline

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

The Sixth Circuit vacated Kalshi's Tennessee injunction, holding its sports contracts are not swaps. Nos. 26-3196/26-5235. Source
The Sixth Circuit heard Tennessee's appeal together with Kalshi's Ohio appeal. Source
Tennessee's appeal of the injunction was docketed in the Sixth Circuit as No. 26-5235. Source
Judge Aleta A. Trauger granted Kalshi a preliminary injunction against Tennessee's officials, finding federal law likely preempts state law. Source
The Sports Wagering Council ordered Kalshi, Polymarket and Crypto.com's exchange to stop sports contracts for Tennessee customers. Source
The council asked the CFTC not to allow sports event contracts in Tennessee, citing 13 alleged violations of state law. Source

How Kalshi compares to sports betting in Tennessee

Sports betting is legal in Tennessee, but only online. Its 2019 law made it the first state with no retail sportsbooks at all.

Betting began in November 2020. By the end of 2025, 10 online sportsbooks were live, and there are no commercial casinos.

Tennessee taxes sportsbooks in a way no other state does: 1.85% of every dollar wagered. Bettors wagered $5.87 billion in 2025.

Sportsbooks must also turn away anyone under 21 or outside the state. Kalshi takes traders from 18 and pays no Tennessee tax.

That gap is Tennessee's complaint. A sportsbook sets the odds, while Kalshi matches you with another trader.

Other prediction market apps in Tennessee

Kalshi is not the only app the council ordered to stop. Polymarket got the same letter, but it never sued, so no court shields it. See whether Polymarket is legal in Tennessee.

Brokers such as Robinhood, Coinbase and Webull sell Kalshi's contracts, so Kalshi's position here carries over to them.

DraftKings and FanDuel run licensed sportsbooks in Tennessee, so their prediction apps skip sports. For the full picture, see prediction markets in Tennessee.

Every app we rank, in ranking order, and where it stands in Tennessee.
AppStatus in TennesseeMore
Gemini PredictionsAvailable, sports includedGemini Predictions review
Polymarket USNot available for sports contractsIs Polymarket legal in Tennessee?
OGAvailable, sports includedOG review
Interactive BrokersAvailable; it lists no sports contracts anywhereInteractive Brokers review
RobinhoodAvailable, sports includedRobinhood 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, sports includedPrizePicks review
Underdog PredictAvailable, sports includedUnderdog Predict review

How to use Kalshi in Tennessee

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. Tennessee's January letter demanded that open contracts be voided, and that demand could return.

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 Tennessee: FAQ

Can I use Kalshi in Tennessee?

Yes, for now. If you are 18 or over, you can trade every category, sports included. The court order protecting sports contracts has been vacated and will lapse soon.

Is Kalshi banned in Tennessee?

Not yet. Tennessee ordered Kalshi to stop sports contracts in January 2026, but a federal injunction blocked enforcement. The Sixth Circuit vacated it on September 25.

What did the Sixth Circuit decide in Tennessee's Kalshi case?

It held Kalshi's sports contracts are not swaps and that federal law does not preempt Tennessee's gambling law. It vacated Kalshi's injunction and sent the case back.

When does the Tennessee ruling take effect?

When the Sixth Circuit issues its mandate. Under the federal rules, that is normally 21 days after judgment, around October 16, 2026. A rehearing petition would delay it.

What happens to my Kalshi sports positions in Tennessee?

Nobody has said yet. Tennessee's January letter demanded that open contracts be voided and deposits refunded. We found no statement from Kalshi on how it would respond.

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

18. Kalshi's minimum age is 18, while Tennessee sportsbooks require 21.

Is sports betting legal in Tennessee?

Yes, online only. Sportsbooks have operated since November 2020 under the Sports Wagering Council. You must be 21 and physically in Tennessee.

Do I pay tax on Kalshi profits in Tennessee?

Not to the state. Tennessee has no income tax on wages or investment gains. Federal tax still applies, and 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 Tennessee.

Sources

  1. Sixth Circuit: KalshiEX LLC v. Schuler / KalshiEX LLC v. Orgel, Nos. 26-3196/5235 (Sep 25, 2026)
  2. M.D. Tenn.: KalshiEX LLC v. Orgel, No. 3:26-cv-00034 (docket)
  3. Federal Rules of Appellate Procedure, Rule 41: when the mandate issues
  4. CNBC: appeals court rules states can regulate Kalshi's sports markets, with Skrmetti's statement
  5. CoinDesk: Tennessee orders Kalshi, Polymarket and Crypto.com to cease sports contracts
  6. Finance Magnates: the Tennessee letters, penalties and deadline
  7. NEXTPredict: Tennessee's 2025 letter to the CFTC
  8. Bloomberg Law: Kalshi can face Ohio, Tennessee enforcement after new ruling
  9. American Gaming Association: State of the States 2026, Tennessee
  10. CFTC designates KalshiEX LLC as a contract market
  11. Kalshi fee schedule
  12. Tax Foundation: state income tax rates for 2026

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