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Is Kalshi legal in Nevada? No: why Kalshi left Nevada and what the Ninth Circuit ruled

Kalshi does not offer its markets in Nevada. The state’s gaming regulators won at the Ninth Circuit in August 2026, Polymarket US paused there too, and the case is heading toward the Supreme Court. The timeline and what it means.

RDResearch desk21 Oct 2026 · 3 min read

No. Kalshi does not offer its markets in Nevada. Nevada's gaming regulators have fought Kalshi since 2025, and on 28 August 2026 a unanimous Ninth Circuit panel ruled that Nevada can enforce its gaming laws against Kalshi's sports contracts. Kalshi has stopped offering its products in the state.

Nevada is also the state where nearly every prediction market draws the line: Polymarket US paused trading there, and sports exchanges such as Novig and ProphetX exclude it.

As of 21 October 2026.

Prediction markets in Nevada at a glance

Status in Nevada
Kalshi Not available
Polymarket US Paused; Nevada filed a civil enforcement action against Polymarket in January 2026
Novig, ProphetX Exclude Nevada
Sportsbooks Legal and licensed by the Nevada Gaming Control Board, 21+

Why Nevada is different

Nevada has licensed sports betting for decades, and its regulators protect that system closely: anyone taking sports wagers needs a Nevada gaming licence. Prediction markets argue that their contracts are federally regulated derivatives, not wagers. Nevada's regulators reject that, and so far the courts in the West have agreed with them.

The Ninth Circuit ruling

In KalshiEX v. Nevada's gaming regulators, the Ninth Circuit:

  • affirmed a lower court's decision to lift an injunction that had protected Kalshi from Nevada enforcement;
  • found Kalshi unlikely to succeed in arguing that federal commodities law overrides Nevada's gaming law;
  • concluded that Kalshi's sports contracts are likely not swaps under the Commodity Exchange Act;
  • sent the question of election contracts back to the lower court, which had looked only at sports.

Kalshi said it would seek further review. Because the Third Circuit sided with Kalshi in its New Jersey case, the two appeals courts now disagree, the kind of split the Supreme Court usually steps in to resolve. New Jersey has already asked the Supreme Court to take its case (is Kalshi legal?).

What the Nevada ruling means elsewhere

The Ninth Circuit covers nine western states, including California, Washington, Arizona and Hawaii. Its reasoning has already shaped other fights: in September 2026 it ruled for California tribes against Kalshi (Kalshi in California), and Washington's courts reached a similar view under state law (Kalshi in Washington). Hawaii, which bans all gambling, is watching (Kalshi in Hawaii).

What Nevadans can do

  • Bet on sports legally at licensed Nevada sportsbooks, the regulated option the state wants you to use.
  • Follow prediction market odds without trading them (live election odds).
  • Do not use a VPN to reach Kalshi or Polymarket: it breaks their terms and is exactly what Nevada regulators target.

Is Kalshi legal in Nevada?
No. Kalshi has stopped offering its markets in Nevada after a long legal fight with the state's gaming regulators.

What did the Ninth Circuit rule about Kalshi?
On 28 August 2026 it ruled unanimously that Nevada can enforce its gaming laws against Kalshi's sports contracts, which it said are likely not federally regulated swaps.

Is Polymarket available in Nevada?
No. Polymarket US paused trading in Nevada, and the state filed a civil enforcement action against Polymarket in January 2026.

Will the Supreme Court decide?
Possibly. The Ninth and Third Circuits disagree, and New Jersey has already asked the Supreme Court to hear its case.

Can I bet on sports in Nevada?
Yes, at licensed Nevada sportsbooks, for adults 21 and over.

Keep reading

#kalshi#legal#states#nevada
RD
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Research desk
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