Are Prediction Markets Legal in New Hampshire?
Status as of October 3, 2026: Available. What the courts and the state have done, with dated sources.
Quick Verdict: Available
Kalshi, Polymarket US, ProphetX, OG and Novig: Available. No court ruling or state enforcement action on prediction markets in New Hampshire was found in the legal timeline (absence is not proof).
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.
- Why: No court ruling or state enforcement action on prediction markets in New Hampshire was found in the legal timeline (absence is not proof).
- Welcome offers that apply to New Hampshire 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 New Hampshire residents, not whether trading is legal. We do not give legal advice.
Best offer right now
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 →New Hampshire is the most permissive prediction-market state in the United States. Unlike neighboring Massachusetts (where AG Campbell sued Kalshi), Connecticut (where AG Tong filed cease-and-desist) or New Jersey (where the Third Circuit↗ (opens in a new tab) had to step in), New Hampshire has taken no enforcement action against CFTC-regulated prediction markets. As of October 3, 2026, Kalshi, Polymarket US and ProphetX accept New Hampshire residents, and no court ruling or state action on prediction markets in New Hampshire has been found.
This is partly structural and partly political. New Hampshire legalized retail and mobile sports betting in 2019 under SB 310 (opens in a new tab) — but did so through a state-lottery monopoly model, awarding the exclusive online sports betting license to DraftKings. There is no large multi-operator state-licensed sportsbook industry in NH whose interests would conflict with prediction markets, and no organized tribal gaming coalition (NH has no federally recognized tribes operating commercial gaming).
What NH Residents Can Trade
The full catalog. Every major CFTC-regulated platform is available with full sports + non-sports market access:
- Sports: NFL, NBA, MLB, NHL, college football and basketball, golf, MMA, soccer.
- Politics: 2026 NH gubernatorial race, US Senate race (NH is consistently a swing-state for federal contests), 2028 presidential primary (NH First-in-the-Nation).
- Macroeconomics: Federal Reserve, CPI, GDP, recession probability.
- Crypto: Bitcoin, Ethereum, ETF flows.
- Entertainment: Award shows, box office.
The 2028 NH First-in-the-Nation primary is one of the deepest political-market categories globally — Kalshi and Polymarket combined exceeded $50M in NH primary volume during the 2024 cycle. We expect 2028 NH primary contracts to launch in late 2026 / early 2027.
Best Prediction Market Platforms for NH Residents
CFTC Designated Contract Market. $10 minimum deposit.
Routes through Kalshi.
Polymarket US — Strong political (especially NH primary) market depth. Funds in US dollars.
Notable: DraftKings runs NH's only retail/online sportsbook under the state lottery monopoly, giving DK Predictions an unusual home-state advantage.
Eligibility Checklist for NH Residents
- 18+ on CFTC-regulated platforms.
- Government ID + SSN for KYC.
- US bank account or debit card.
- No NH-specific restrictions to flag.
Tax Treatment for NH Residents
New Hampshire has no state income tax on wages or prediction-market gains. NH does have a 5% interest-and-dividends tax which is being phased out by 2027. For most NH prediction-market traders, only federal taxes apply. Federal treatment is unsettled: the IRS↗ (opens in a new tab) hasn't issued guidance on event contracts, and tax professionals argue for gambling income, capital gains or Section 1256 (60/40) treatment. Consult a tax professional.
This makes NH one of the most tax-favorable US states for active prediction-market trading, comparable to Florida, Texas, Tennessee, Washington and Wyoming.
Local Politics Angle: NH First-in-the-Nation Primary
The NH First-in-the-Nation primary remains the single most-traded state-political event in US prediction markets. The 2024 NH Republican primary produced $50M+ in combined Kalshi + Polymarket volume. NH residents have full access to NH primary contracts on every platform.
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.
Sources
- NPR: As hoops betting spikes, it's states vs. prediction markets (opens in a new tab)
- NH Public Radio: Polymarket tries to woo a skeptical D.C. with a prediction market (opens in a new tab)
Status in New Hampshire as of October 3, 2026
| Platform | Status | Why (source) | Welcome offer in New Hampshire |
|---|---|---|---|
| Kalshi | Available | Kalshi accepts New Hampshire residents; no court ruling or state enforcement action on prediction markets in New Hampshire was found in our legal timeline. (source (opens in a new tab)) | Valid: Trade $25 and Get $25! |
| Polymarket US | Available | Polymarket US accepts New Hampshire residents; no court ruling or state enforcement action on prediction markets in New Hampshire was found in our legal timeline. (source (opens in a new tab)) | Valid: Deposit $10 get a $25 Trading Bonus! |
| ProphetX | Available | ProphetX accepts New Hampshire residents; no court ruling or state enforcement action on prediction markets in New Hampshire was found in our legal timeline. (source (opens in a new tab)) | Valid: Trade $50, Earn $75! |
| OG (by Crypto.com) | Available | OG accepts New Hampshire residents; no court ruling or state enforcement action on prediction markets in New Hampshire was found in our legal timeline. (source (opens in a new tab)) | Valid: Trade $25 Get $50 in Rewards! (New users only) |
| Novig | Available | Novig accepts New Hampshire residents; no court ruling or state enforcement action on prediction markets in New Hampshire was found in our legal timeline. (source (opens in a new tab)) | Valid: Deposit $10 Get $50 in Trade Credits! |
| Rebet | Available | Rebet is a sweepstakes app, not a CFTC-regulated exchange; its sweepstakes rules include New Hampshire. (source (opens in a new tab)) | Valid: Get a 100% purchase match up to $100! |
What changed (newest first)
- Sep 25, 2026 (federal) — Sixth Circuit rules against Kalshi in Ohio and Tennessee appeals. Source: U.S. Court of Appeals for the Sixth Circuit (opinion, Nos. 26-3196/26-5235) (opens in a new tab)
- Sep 11, 2026 (federal) — Crypto.com asks Supreme Court to review Ninth Circuit ruling (No. 26-344). Source: Supreme Court of the United States, docket No. 26-344 (opens in a new tab)
- Sep 10, 2026 (federal) — Kalshi seeks Ninth Circuit rehearing; Robinhood petitions Supreme Court. Source: Sports Betting Dime (opens in a new tab)
- Sep 2, 2026 (federal) — New Jersey asks U.S. Supreme Court to review Kalshi preemption ruling. Source: New Jersey Office of the Attorney General (opens in a new tab)
- Aug 28, 2026 (federal) — Ninth Circuit rules for Nevada regulators in Kalshi case. Source: U.S. Court of Appeals for the Ninth Circuit (opinion, No. 25-7516) (opens in a new tab)
- Apr 6, 2026 (federal) — Third Circuit sides with Kalshi against New Jersey regulators. Source: U.S. Court of Appeals for the Third Circuit (opinion, No. 25-1922) (opens in a new tab)
_No New Hampshire-specific entry is in the legal timeline; the list shows the federal rulings and Supreme Court petitions that shape the national picture._
Prediction markets in other states
- Alaska
- California
- Colorado
- Connecticut
- Florida
- Hawaii
- Illinois
- Kansas
- Maryland
- Massachusetts
- Minnesota
- Nebraska
- New Hampshire
- New Jersey
- New York
- North Dakota
- Oregon
- Pennsylvania
- Rhode Island
- Texas
- Utah
- Vermont
- Virginia
- Washington
- Wyoming
- Alabama
- Arizona
- Arkansas
- Delaware
- Georgia
- Idaho
- Indiana
- Iowa
- Kentucky
- Louisiana
- Maine
- Michigan
- Mississippi
- Missouri
- Montana
- Nevada
- New Mexico
- North Carolina
- Ohio
- Oklahoma
- Puerto Rico
- South Carolina
- South Dakota
- Tennessee
- Washington DC
- West Virginia
- Wisconsin
§ References & Sources
- Commodity Futures Trading Commission (CFTC) (opens in a new tab)— U.S. federal regulator
- CFTC Designated Contract Markets list (opens in a new tab)— CFTC
- 26 U.S. Code § 1256 — Section 1256 contracts marked to market (opens in a new tab)— Cornell Law / U.S. Code
- IRS Form 6781 — Gains and Losses From Section 1256 Contracts (opens in a new tab)— Internal Revenue Service
- National Council on Problem Gambling — 1-800-GAMBLER (opens in a new tab)— NCPG
Frequently asked questions
Are prediction markets legal in New Hampshire?
We don't give legal verdicts, but here is the status as of October 3, 2026: Kalshi, Polymarket US, ProphetX, OG and Novig: Available. No court ruling or state enforcement action on prediction markets in New Hampshire was found in the legal timeline (absence is not proof). 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 New Hampshire?
Status as of October 3, 2026: Available. Kalshi accepts New Hampshire residents; no court ruling or state enforcement action on prediction markets in New Hampshire was found in our legal timeline. Kalshi's welcome offer (Trade $25 and Get $25!) applies to New Hampshire residents. Kalshi's minimum age is 18; we recommend 21+.
Has New Hampshire taken action against prediction markets?
Our legal timeline has no court ruling or state enforcement action on prediction markets in New Hampshire (that is not proof none exists). No federal appeals court covering New Hampshire has ruled on sports event contracts.
What could change the status in New Hampshire?
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.
21+ · T&Cs apply · Terms
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.