Are prediction markets legal in New Jersey?

By Vardan KhachatryanLast updated: Litigation tracker

Yes. Prediction markets are legal in New Jersey, and no state order stops them. A federal appeals court ruled in April 2026 that New Jersey cannot enforce its gambling law against Kalshi's sports contracts. The state has asked the Supreme Court to reverse that. Most apps trade here, and most list sports.

Prediction markets in New Jersey

14 of the 15 apps we rank are open here, and 9 offer sports contracts.

Apps restricted or contested
OG, DraftKings Predictions, Fanatics Markets, FanDuel Predicts
Rulings and actions in New Jersey
2 on record, listed in the timeline
Legal sports betting
Since June 2018; online revenue taxed at 19.75%
Minimum age
18 on most apps; 21 at New Jersey sportsbooks
Federal appeals court
Third Circuit: ruled for Kalshi on April 6, 2026
Last change
September 2, 2026

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

Why prediction markets are legal in New Jersey

Prediction market apps sell event contracts: yes-or-no questions that pay $1 if the answer is yes. The CFTC regulates the exchanges that list them.

The apps say federal oversight leaves no room for state gaming law. In New Jersey, a federal appeals court agrees, for now.

On April 6, 2026, the Third Circuit ruled Kalshi's sports contracts are likely swaps, which only the CFTC can regulate.

That ruling binds federal courts in New Jersey, Pennsylvania and Delaware. No other federal appeals court has sided with the apps.

New Jersey has asked the Supreme Court to reverse it. Here is who offers what while that plays out.

Which prediction market apps work in New Jersey

Most apps we rank accept New Jersey residents, and most list sports. Kalshi, Polymarket US, Robinhood, Coinbase, Gemini and Webull all do.

The sportsbook brands mostly hold back. DraftKings and FanDuel run licensed sportsbooks here, so their prediction apps skip sports in New Jersey.

OG lists no sports contracts in New Jersey. Fanatics Markets does not operate in the state at all.

Novig and Interactive Brokers require traders to be 21.

The table lists each app in our ranking order, with its status here and a link to our review.

Every app we rank, in ranking order, and where it stands in New Jersey.
AppStatus in New JerseyMore
KalshiAvailable for all contractsIs Kalshi legal in New Jersey?
Gemini PredictionsAvailable, sports includedGemini Predictions review
Polymarket USAvailable, sports includedPolymarket review
OGAvailable, but not for sports contractsOG 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

Is Polymarket legal in New Jersey?

Yes, through Polymarket US. It runs on a CFTC-designated exchange and accepts New Jersey residents.

We found no New Jersey action against Polymarket US. The state's 2025 cease-and-desist letters went to Kalshi and Robinhood.

The Third Circuit's order protects Kalshi, not Polymarket. But its reasoning covers any CFTC-licensed exchange, and Polymarket US runs one.

The international site, polymarket.com, is a different product and is close-only for Americans. Our Polymarket review covers the US app.

How a prediction market trade works

Every 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 crowd's odds. A contract at 60¢ means traders put the chance at about 60%.

Say the Devils are 60¢ to win tonight on Kalshi. You buy 100 contracts for $60, plus a $1.68 fee.

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

You can also sell before the result, at whatever the market pays then. New to this? Start with what prediction markets are.

What New Jersey has said about prediction markets

New Jersey pushed back early. On March 27, 2025, the Division of Gaming Enforcement ordered Kalshi and Robinhood to stop.

Its letter said Kalshi was “listing unauthorized sports wagers for individuals located within the State of New Jersey.”

Attorney General Jennifer Davenport has since taken the fight national. In May 2026 she led 41 attorneys general in a comment to the CFTC.

“We call on the CFTC to stop their federal power grab and recognize this authority belongs with the States.”

Her Supreme Court petition makes the same case. Congress “did not silently make the sports-betting industry immune from state law,” she said.

The court cases that shape New Jersey's rules

One case matters more than any other: KalshiEX LLC v. Flaherty. Kalshi sued the state's gaming officials on March 28, 2025.

Judge Edward S. Kiel granted a preliminary injunction on April 28, 2025. The Third Circuit affirmed it on April 6, 2026, by 2-1.

“The Act preempts state laws that directly interfere with swaps traded on DCMs,” Judge David Porter wrote for the majority.

Judge Jane Roth dissented, arguing gambling has always been the states' to regulate.

Robinhood has its own case, Robinhood Derivatives v. Flaherty. A consent order of August 22, 2025, bars New Jersey from enforcement over the Kalshi contracts it sells.

Both cases are paused while the Supreme Court weighs New Jersey's petition, Flaherty v. KalshiEX, No. 26-299.

Our page on whether Kalshi is legal in New Jersey covers the case in full.

What New Jersey traders can trade

Sports lead. The Devils play in Newark, and the Giants and Jets at MetLife Stadium. South Jersey follows the Eagles, Phillies and 76ers.

College games are touchy. Sportsbooks cannot take bets on New Jersey college teams or college games played here. The attorney general says Kalshi lists them.

Politics trades too. Senator Cory Booker faces Republican Justin Murphy on November 3, 2026, and Kalshi lists the race.

Some markets are hyperlocal. Kalshi lists whether NJ Transit rail will hit 90% on-time performance in November.

The risks for New Jersey traders

The protection is preliminary. If the Supreme Court takes New Jersey's case and reverses, sports contracts here could close.

Court orders cover only Kalshi and Robinhood. Other apps rely on the ruling's reasoning alone.

You can lose everything you put into a contract. Taxes are unclear too: New Jersey taxes the profits as income, but the IRS treatment is not settled.

Trade only what you can afford to lose. Our responsible trading guide covers limits and where to get help.

What could change for New Jersey traders

The Supreme Court is the big one. Kalshi's response to New Jersey's petition is due November 9, 2026.

The justices then decide whether to hear it. Petitions from Robinhood and Crypto.com's exchange, from the Ninth Circuit side, are pending too.

A ruling would bind every state. The circuits are split: the Third sided with Kalshi, while the Ninth and Sixth ruled against it.

Trenton could act first. The 9% tax bill cleared both budget committees in June 2026, and floor votes have not happened yet.

Our litigation tracker follows each of these cases.

New Jersey prediction market timeline

Every change to prediction markets' standing in New Jersey, newest first. Each entry links the ruling or filing behind it.

New Jersey asked the Supreme Court to review the Third Circuit's ruling, in Flaherty v. KalshiEX, No. 26-299. Source
A bill to tax prediction market operators at 9% cleared the Senate and Assembly budget committees. Source
Attorney General Jennifer Davenport led 41 attorneys general urging the CFTC to respect state authority. Source
The Third Circuit ruled 2-1 that New Jersey cannot enforce its gambling laws against Kalshi's sports contracts. Source
A consent order barred New Jersey from enforcement against Robinhood over Kalshi sports contracts. Source
A federal judge granted Kalshi a preliminary injunction against New Jersey's gaming officials. Source
The Division of Gaming Enforcement ordered Kalshi and Robinhood to stop offering sports contracts in New Jersey. Source
Governor Phil Murphy signed New Jersey's sports betting law, weeks after the state won Murphy v. NCAA. Source

Prediction markets vs sports betting in New Jersey

New Jersey opened the door to legal sports betting nationwide. It won Murphy v. NCAA at the Supreme Court on May 14, 2018.

Today its sportsbooks answer to the Division of Gaming Enforcement. They pay 19.75% of online revenue in tax, and bettors must be 21.

Prediction markets pay no state gaming tax and take traders from 18. You trade against other people, not a sportsbook's odds.

The CFTC supervises the exchange, not the Division of Gaming Enforcement. So if a dispute comes up, complain to the app first, then to the CFTC.

How to choose a prediction market app in New Jersey

Start with what you want to trade. For politics and the economy, Polymarket US and Kalshi list the widest range.

Then compare fees. They vary more than prices do. Our fee comparison works out each app's cost on the same trade.

Our app rankings score every app on the same six criteria. Each review covers fees, payouts and the lawsuits against it.

If you use Kalshi, read whether Kalshi is legal in New Jersey first. It covers the Supreme Court petition.

Prediction markets in New Jersey: FAQ

Are prediction markets legal in New Jersey?

Yes. The apps are regulated by the CFTC. A federal appeals court has barred New Jersey from enforcing its gambling law against Kalshi. The state has appealed.

Is Kalshi legal in New Jersey?

Yes, sports included. A court order stops New Jersey enforcing its gambling laws against Kalshi while its case continues.

Is Polymarket legal in New Jersey?

Polymarket US operates in New Jersey under the CFTC, and no New Jersey action against it is on record. The international site, polymarket.com, is close-only for Americans.

Can I bet on sports in New Jersey?

Yes, with a licensed sportsbook if you are 21 or over, online or in person. Prediction market apps sell sports contracts separately, under federal rules.

How old do you have to be to use prediction markets in New Jersey?

18 on most apps. Novig and Interactive Brokers require 21, the same age as New Jersey sportsbooks.

Why don't DraftKings and FanDuel offer sports contracts in New Jersey?

Both run licensed sportsbooks here. Their prediction apps sell sports contracts only in states where they have no online sportsbook.

Is New Jersey taking prediction markets to the Supreme Court?

Yes. It filed Flaherty v. KalshiEX, No. 26-299, on September 2, 2026. Kalshi's response is due November 9, and the justices have not decided whether to hear it.

Do I pay tax on prediction market profits in New Jersey?

Yes. New Jersey taxes income at 1.4% to 10.75%. How the IRS treats event contracts is not settled, so ask a tax adviser.

Is this legal advice?

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

Sources

  1. Third Circuit: KalshiEX LLC v. Flaherty, No. 25-1922 (Apr 6, 2026)
  2. KalshiEX LLC v. Flaherty, No. 1:25-cv-02152 (D.N.J.), docket
  3. Division of Gaming Enforcement cease-and-desist letter to Kalshi (Mar 27, 2025)
  4. Robinhood Derivatives v. Flaherty: consent order (Aug 22, 2025)
  5. Supreme Court: Flaherty v. KalshiEX, No. 26-299, docket
  6. New Jersey Attorney General: SCOTUS must resolve states' authority (Sep 2, 2026)
  7. New Jersey Attorney General: 41 attorneys general urge the CFTC (May 1, 2026)
  8. Supreme Court: Robinhood Derivatives v. Dreitzer, No. 26-338
  9. Supreme Court: North American Derivatives Exchange v. Nevada, No. 26-344
  10. New Jersey Sports Wagering Act, P.L.2018, c.33
  11. Division of Gaming Enforcement: sports wagering FAQs
  12. Division of Gaming Enforcement: sports wagering tax return, August 2026
  13. Supreme Court: Murphy v. NCAA (2018)
  14. New Jersey Treasury: income tax rates
  15. NJ S3692 (2026), bill summary
  16. Casino.org on New Jersey's proposed 9% prediction market tax
  17. Kalshi: New Jersey Senate market
  18. Kalshi: NJ Transit on-time performance market
  19. Kalshi fee schedule
  20. CFTC: tips and complaints

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