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Prediction Markets in Delaware

Status as of October 3, 2026: Available, dispute pending. What the courts and the state have done, with dated sources.

Catie Di Stefano By , Founder, PredictionRanks · Updated

Quick Verdict: Available, dispute pending

Kalshi, Polymarket US, ProphetX, OG and Novig: Available, dispute pending. No Delaware case was found, but the Third Circuit ruling for Kalshi of Apr 6, 2026 (preliminary stage), which covers this state, is the subject of New Jersey's pending Supreme Court petition No. 26-299. (source (opens in a new tab))

Nationally: Federal appeals courts are split on sports event contracts, all at the preliminary-injunction stage: the Third Circuit sided with Kalshi (Apr 6, 2026), the Ninth (Aug 28, 2026) and Sixth (Sep 25, 2026) sided with the states, and three Supreme Court petitions (Nos. 26-299, 26-338, 26-344) are pending; none has been granted.

  • Status (as of October 3, 2026): Kalshi, Polymarket US, ProphetX, OG and Novig: Available, dispute pending.
  • Why: No Delaware case was found, but the Third Circuit ruling for Kalshi of Apr 6, 2026 (preliminary stage), which covers this state, is the subject of New Jersey's pending Supreme Court petition No. 26-299.
  • Welcome offers that apply to Delaware residents (partner terms of Oct 1, 2026): Kalshi, Polymarket US, ProphetX, OG, Novig, Rebet.
  • Age: Kalshi, Polymarket US, OG and Rebet set 18 as the minimum (ProphetX: 18 or the local age of majority if higher); Novig sets 21. We recommend 21+.
  • Status describes whether each platform accepts Delaware residents, not whether trading is legal. We do not give legal advice.

Best offer right now

Kalshi logo

Kalshi

Score 92/100

Trade $25 and Get $25!

Trade $25 in event contracts and get $25 in credit. Use code RANKPREDICTS at signup.

Code: RANKPREDICTS

Claim $25 credit (opens in a new tab)

21+ · Terms apply · Verified Sep 2

Certain limitations apply. The offer is available to new users only, subject to the terms and conditions at kalshi.com/tc/500. 18+ only. Restrictions and eligibility requirements apply. Event contract trading involves significant risk and is not appropriate for everyone. Please carefully consider if it is appropriate for you in light of your personal financial circumstances. Kalshi products are not available in all jurisdictions. See kalshi.com/regulatory for more information.

Full offer details →

What Delaware Residents Can Trade in 2026

Full federal prediction market catalog is accessible to DE residents 18+:

  • NFL contracts — no NFL team in DE but heavy Philadelphia Eagles, Baltimore Ravens, and Washington Commanders cross-border engagement
  • NBA contracts — no NBA team in DE but Philadelphia 76ers, Washington Wizards regional engagement
  • NHL — Philadelphia Flyers and Washington Capitals regional engagement
  • MLB — Philadelphia Phillies and Baltimore Orioles regional engagement
  • NCAA football and basketball — Delaware Blue Hens football and basketball, plus full conference coverage.

Best Platforms for Delaware Residents

OG.com is our top pick for Delaware in 2026. Crypto.com's CFTC-regulated sports-first prediction market combines a 4-leg parlay builder, social trading feed, and live in-game contracts — and new traders can trade $25 and get $50 in rewards with code RANKPREDICTS. Kalshi remains a strong runner-up for the deepest non-sports catalog and lowest published fees.

Polymarket US offers strong politics and crypto liquidity, useful for DE residents who prioritize non-sports markets.

Robinhood provides Kalshi-routed contracts inside the familiar Robinhood app.

DraftKings Predictions and FanDuel Predicts are interesting in DE because both companies also operate licensed DE mobile sportsbooks. Users can keep sportsbook accounts for traditional bets and Predictions accounts for combo contracts and longer-dated futures with the same KYC.

How DE Compares to Neighboring States

  • Maryland: Kalshi, Polymarket US, ProphetX and Novig available, dispute pending; OG not offered (as of October 3, 2026)
  • New Jersey: Kalshi, Polymarket US, ProphetX and Novig available, dispute pending; OG not offered (as of October 3, 2026)
  • Pennsylvania: Available, dispute pending (as of October 3, 2026)

Tax Considerations for Delaware Residents

Delaware has a graduated state income tax with a top rate of 6.6%. Net gains from prediction market trading are taxable at federal level plus the DE state rate. Kalshi provides a profit-and-loss statement for your trades; platforms' 1099s mainly cover interest, rewards and crypto transfers.

DE residents who use both licensed DE sportsbooks (W-2G reporting) and prediction markets (platform profit-and-loss statements) should track each separately. Delaware does not impose state sales tax, but it does impose state income tax on trading gains.

What could change the status

Dates we are watching: Nevada's responses to the Robinhood and Crypto.com Supreme Court petitions are now due November 13 and 16, 2026 (both extended in October), and Kalshi's response to New Jersey's petition is due November 9, 2026 (deadlines can be extended); the earliest the Supreme Court could act on the petitions is a conference in December 2026 or January 2027 (our estimate, not a scheduled date). We re-check this page when any of these happen and log the change above.

Best Platforms Compared

Platform

Score

Promo

Action

Polymarket US

A global prediction market, now a CFTC-regulated US app that trades in dollars

95

See current offer →

Claim $25 bonus (opens in a new tab)

Kalshi

The gold standard for regulated US event contracts

94

Trade $25, get $25 — code RANKPREDICTS

Claim $25 credit (opens in a new tab)

Robinhood

The easiest entry point for US retail traders

88

See current offer →

Try Kalshi instead (opens in a new tab)

DraftKings Predictions

Sports-first prediction markets from America's leading sportsbook

82

See current offer →

Try Kalshi instead (opens in a new tab)

FanDuel Predicts

FanDuel's federal play for the prediction markets era

80

See current offer →

Try Kalshi instead (opens in a new tab)

Status in Delaware as of October 3, 2026

PlatformStatusWhy (source)Welcome offer in Delaware
KalshiAvailable, dispute pendingKalshi accepts Delaware residents; no Delaware case was found, but the Third Circuit ruling for Kalshi of Apr 6, 2026 (preliminary stage), which covers this state, is the subject of New Jersey's pending Supreme Court petition No. 26-299. (source (opens in a new tab))Valid: Trade $25 and Get $25!
Polymarket USAvailable, dispute pendingPolymarket US accepts Delaware residents; no Delaware case was found, but the Third Circuit ruling for Kalshi of Apr 6, 2026 (preliminary stage), which covers this state, is the subject of New Jersey's pending Supreme Court petition No. 26-299. (source (opens in a new tab))Valid: Deposit $10 get a $25 Trading Bonus!
ProphetXAvailable, dispute pendingProphetX accepts Delaware residents; no Delaware case was found, but the Third Circuit ruling for Kalshi of Apr 6, 2026 (preliminary stage), which covers this state, is the subject of New Jersey's pending Supreme Court petition No. 26-299. (source (opens in a new tab))Valid: Trade $50, Earn $75!
OG (by Crypto.com)Available, dispute pendingOG accepts Delaware residents; no Delaware case was found, but the Third Circuit ruling for Kalshi of Apr 6, 2026 (preliminary stage), which covers this state, is the subject of New Jersey's pending Supreme Court petition No. 26-299. (source (opens in a new tab))Valid: Trade $25 Get $50 in Rewards! (New users only)
NovigAvailable, dispute pendingNovig accepts Delaware residents; no Delaware case was found, but the Third Circuit ruling for Kalshi of Apr 6, 2026 (preliminary stage), which covers this state, is the subject of New Jersey's pending Supreme Court petition No. 26-299. (source (opens in a new tab))Valid: Deposit $10 Get $50 in Trade Credits!
RebetAvailable, dispute pendingRebet is a sweepstakes app, not a CFTC-regulated exchange; its sweepstakes rules include Delaware. (source (opens in a new tab))Valid: Get a 100% purchase match up to $100!

What changed (newest first)

Prediction markets in other states

§ References & Sources

  1. Commodity Futures Trading Commission (CFTC) (opens in a new tab)— U.S. federal regulator
  2. CFTC Designated Contract Markets list (opens in a new tab)— CFTC
  3. 26 U.S. Code § 1256 — Section 1256 contracts marked to market (opens in a new tab)— Cornell Law / U.S. Code
  4. IRS Form 6781 — Gains and Losses From Section 1256 Contracts (opens in a new tab)— Internal Revenue Service
  5. National Council on Problem Gambling — 1-800-GAMBLER (opens in a new tab)— NCPG

Frequently asked questions

Are prediction markets legal in Delaware?

We don't give legal verdicts, but here is the status as of October 3, 2026: Kalshi, Polymarket US, ProphetX, OG and Novig: Available, dispute pending. No Delaware case was found, but the Third Circuit ruling for Kalshi of Apr 6, 2026 (preliminary stage), which covers this state, is the subject of New Jersey's pending Supreme Court petition No. 26-299. Nationally, federal appeals courts are split on sports event contracts, all at the preliminary-injunction stage, and three Supreme Court petitions are pending; none has been granted.

Can I use Kalshi in Delaware?

Status as of October 3, 2026: Available, dispute pending. Kalshi accepts Delaware residents; no Delaware case was found, but the Third Circuit ruling for Kalshi of Apr 6, 2026 (preliminary stage), which covers this state, is the subject of New Jersey's pending Supreme Court petition No. 26-299. Kalshi's welcome offer (Trade $25 and Get $25!) applies to Delaware residents. Kalshi's minimum age is 18; we recommend 21+.

Has Delaware taken action against prediction markets?

Our legal timeline has no court ruling or state enforcement action on prediction markets in Delaware (that is not proof none exists). The Third Circuit, which covers Delaware, sided with Kalshi on April 6, 2026 (preliminary stage), and New Jersey has asked the Supreme Court to review that ruling (No. 26-299).

What could change the status in Delaware?

Dates we are watching: Nevada's responses to the Robinhood and Crypto.com Supreme Court petitions are now due November 13 and 16, 2026 (both extended in October), and Kalshi's response to New Jersey's petition is due November 9, 2026 (deadlines can be extended); the earliest the Supreme Court could act on the petitions is a conference in December 2026 or January 2027 (our estimate, not a scheduled date). We re-check this page when any of these happen and log the change above.

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