Legal · Delaware

Prediction Markets in Delaware

Delaware was the first state to launch sports betting after PASPA fell. The state has not pursued enforcement against CFTC-regulated prediction markets — full federal catalog accessible to DE residents 18+.

Verified · Last reviewed by Catie Di Stefano

Quick Verdict: Sports-Friendly First Mover, Stable DCM Posture

Delaware is one of the most stable regulatory environments for prediction markets in the United States. The state has the longest history with legal sports betting of any non-Nevada state — it ran a parlay-only sports lottery game from 2009 onward and was the first state to launch full single-game sports betting after the Supreme Court's Murphy v. NCAA decision in June 2018. Mobile sports betting launched in DE under expanded rules in late 2024.

On prediction markets, the Delaware Department of Justice and the Delaware Lottery have not filed enforcement actions against any CFTC-regulated DCM as of April 2026. Delaware did not join the 39-state AG amicus coalition opposing Kalshi in the Third Circuit. DE residents 18+ have parallel access to (1) licensed DE mobile sportsbooks for traditional state-regulated betting and (2) the full federal catalog of prediction markets via Kalshi, Robinhood, DraftKings Predictions, FanDuel Predicts, Polymarket US, and Fanatics Markets.

Delaware's Sports Betting History

Delaware launched a NFL parlay-only sports lottery game in 2009 — the only legal single-state sports wagering in the US outside Nevada at the time, grandfathered under PASPA. After the Supreme Court struck down PASPA in June 2018, Delaware was the first state to launch full single-game sports betting on June 5, 2018, beating New Jersey by 9 days. Retail sportsbooks operate at all three Delaware racetrack casinos (Bally's Dover, Delaware Park, Harrington Raceway).

Mobile sports betting launched in DE in December 2024 under expanded Lottery rules. As of 2026, three mobile sportsbook brands are live in DE: BetRivers (Rush Street, partnered with Bally's Dover), DraftKings, and FanDuel. The Delaware Lottery oversees all sports wagering as part of its broader gaming jurisdiction.

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. The recent Delaware State at South Carolina State CBB market on Robinhood (January 2026) shows that even small-conference matchups are available
  • Politics — 2026 midterms (DE federal races, including the 2026 Senate race), 2028 presidential, congressional control. DE has historical relevance as the home state of President Biden — long-tail political markets often touch DE figures
  • Economic data, crypto, culture, weather — full catalog

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 earn up to $100 in bonuses 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.

Fanatics Markets rounds out the options with a sports-first interface available statewide.

How DE Compares to Neighboring States

Delaware sits in a corridor of generally stable prediction market access:

  • New Jersey: full mobile sports betting plus the KalshiEX v. Flaherty Third Circuit win (April 2026) that established federal preemption for sports event contracts on CFTC-regulated DCMs across the Third Circuit (which includes DE).
  • Pennsylvania: full mobile sports betting and no DCM enforcement.
  • Maryland: full mobile sports betting and active federal preemption litigation with Kalshi at the Fourth Circuit (more state-favorable posture so far).

For DE residents, the practical takeaway is that the Third Circuit preemption ruling directly applies in Delaware, locking in federal primacy over CFTC-regulated DCMs offering sports event contracts. This gives DE one of the most legally settled environments for prediction market trading in the country as of April 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. Platforms issue 1099 forms when reporting thresholds are met.

DE residents who use both licensed DE sportsbooks (W-2G reporting) and prediction markets (1099 reporting) should track each separately. Delaware does not impose state sales tax, but it does impose state income tax on trading gains.

Outlook: Stable Federal-Plus-State Coexistence

Delaware's regulatory posture is among the most settled in the United States as of April 2026. The state has long-running legal sports betting (since 2009), launched mobile sports betting in late 2024, did not join the 39-state AG coalition opposing Kalshi, and operates within the Third Circuit where federal preemption of state regulation over CFTC-regulated DCMs has been judicially established.

For DE residents, this means full federal catalog access, no state-level legal pressure on platforms, and a stable parallel licensed-sportsbook regime for traditional bets. Delaware is one of the cleanest legal jurisdictions for prediction market trading in the United States in 2026.

Best Platforms Compared

Platform
Score
Action
Polymarket US
Crypto-native prediction market with the deepest global liquidity, now CFTC-regulated for US traders
95
Kalshi
The gold standard for regulated US event contracts
94
Robinhood
The easiest entry point for US retail traders
88
DraftKings Predictions
Sports-first prediction markets from America's leading sportsbook
82
FanDuel Predicts
FanDuel's federal play for the prediction markets era
80

Platform Availability in Delaware

Platform
Available
Notes
Available statewide — no DE enforcement action filed as of April 2026.
Available via Kalshi-routed contracts.
Available statewide — politics and crypto catalog.
Available alongside DK's licensed DE mobile sportsbook (via Rush Street partnership).
Available alongside FD's licensed DE mobile sportsbook.
Available statewide for sports event contracts.

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Frequently Asked Questions

Are prediction markets legal in Delaware in 2026?
Yes. Federally regulated prediction markets including Kalshi, Robinhood, DraftKings Predictions, FanDuel Predicts, Polymarket US, and Fanatics Markets are all accessible to DE residents 18+ statewide. The Third Circuit's April 2026 KalshiEX v. Flaherty preemption ruling directly applies in Delaware, locking in federal primacy over CFTC-regulated DCMs.
Can I bet on sports in Delaware?
Yes — two channels. DE residents can use three licensed mobile sportsbooks (BetRivers, DraftKings, FanDuel) for traditional sports bets, plus retail sportsbooks at three DE racetrack casinos, plus every major prediction market platform for event contracts. Both regimes coexist.
Was Delaware the first state to launch sports betting after PASPA?
Yes. Delaware launched full single-game sports betting on June 5, 2018, beating New Jersey by 9 days after the Supreme Court's June 2018 Murphy v. NCAA ruling struck down PASPA. DE had previously run a parlay-only NFL sports lottery game since 2009 under a PASPA grandfathering exception.
Do I owe DE state tax on prediction market winnings?
Yes. Net gains are taxable at Delaware's graduated state income tax (top rate 6.6%) plus federal income tax. Platforms issue 1099 forms when reporting thresholds are met. DE sportsbook winnings are separately reported on W-2G forms.
What's the best prediction market platform in Delaware?
OG.com is our top pick for DE in 2026 — Crypto.com's CFTC-regulated sports-first market with a parlay builder, social feed, live in-game trading, and a welcome bonus up to $100 with code RANKPREDICTS. Kalshi remains the strongest alternative for non-sports catalog depth and lowest published fees.

§ References & Sources

  1. Commodity Futures Trading Commission (CFTC)U.S. federal regulator
  2. CFTC Designated Contract Markets listCFTC
  3. 26 U.S. Code § 1256 — Section 1256 contracts marked to marketCornell Law / U.S. Code
  4. IRS Form 6781 — Gains and Losses From Section 1256 ContractsInternal Revenue Service
  5. National Council on Problem Gambling — 1-800-GAMBLERNCPG