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Is Kalshi legal in New Jersey?

Yes, and New Jersey is where the legal question will be decided. The state's gaming regulators tried to stop Kalshi's sports contracts in 2025; Kalshi won a preliminary injunction, and on April 6, 2026 the Third Circuit upheld it 2–1. Kalshi, Polymarket US and Novig all operate in the state today. New Jersey petitioned the Supreme Court on September 2, 2026 (No. 26-299); Kalshi's response is due November 9. Until the Court acts, nothing changes for users. Status as of October 15, 2026.

What's available

PlatformStatus in New JerseyAge
KalshiAll markets including sports and combos18
Polymarket USAvailable; sports flagged as restricted by some trackers at times18
NovigAvailable21
Licensed sportsbooksAvailable since 201821

The legal picture

New Jersey is the state that legalised sports betting for the country (its 2018 Supreme Court win struck down the federal ban), so it has a developed regulator and a strong view that sports wagering is its turf. When Kalshi listed sports contracts, the Division of Gaming Enforcement moved to stop it. A federal district court sided with Kalshi, finding federal law likely pre-empts the state, and the Third Circuit affirmed on April 6, 2026 over a dissent from Judge Roth.

That ruling is the high-water mark for the prediction markets. Four months later the Ninth Circuit reached the opposite conclusion in Nevada's case. A circuit split is the classic trigger for Supreme Court review, and New Jersey's petition asks exactly that. Numerous amicus briefs were filed through early October; the Court hasn't yet said whether it will hear the case.

What to do

  • Trade on any platform today; nothing is restricted by court order in New Jersey.
  • If the Supreme Court takes the case, a decision would likely come in 2027. We'll update this page at each step.

Sources: Third Circuit opinion (Apr 6, 2026); Supreme Court docket No. 26-299; OddsShopper (Oct 15, 2026).

Questions people ask

Is Polymarket legal in New Jersey?

The Polymarket US app is available in New Jersey. Some third-party trackers have listed NJ sports as restricted for Polymarket at times; the app's own notice governs.

Why is New Jersey the most important case?

Because it's the one at the Supreme Court. New Jersey lost at the Third Circuit and petitioned for review in September 2026. If the Court takes it, the answer decides whether federal commodities law pre-empts state gambling law everywhere, not just in NJ.

Did Kalshi ever stop in New Jersey?

Briefly, in early 2026, sports markets were interrupted during the litigation; they resumed and have operated since the Third Circuit ruling.

Can I use Kalshi at 18 in New Jersey?

Yes. Kalshi's rule is 18 everywhere it operates, even though New Jersey sportsbooks are 21+. That gap is one of the state's arguments.