By State · New Hampshire

Are Prediction Markets Legal in New Hampshire?

Yes — and quietly so. NH has not joined any of the multi-state actions against Kalshi. All major CFTC platforms operate freely.

Verified · Last reviewed by Catie Di Stefano

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 had to step in), New Hampshire has taken no enforcement action against CFTC-regulated prediction markets. As of April 21, 2026, every major prediction-market platform we track is fully operational in New Hampshire with no NH-specific restrictions.

This is partly structural and partly political. New Hampshire legalized retail and mobile sports betting in 2019 under [SB 310](http://www.gencourt.state.nh.us/bill_status/billText.aspx?sy=2019&id=864&txtFormat=html) — 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).

New Hampshire Prediction Market Status

  • Online sports betting: Legal since December 2019, exclusively via DraftKings under a state-lottery contract.
  • Prediction markets: Legal under federal CFTC regulation. No state enforcement action filed.
  • AG posture: NH AG John Formella has not joined the multi-state coalition led by MA AG Campbell and CT AG Tong.
  • Legislative posture: No active bills (as of April 2026) that would bring CFTC platforms under NH Lottery Commission jurisdiction.

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

Kalshi — Full catalog including sports. CFTC Designated Contract Market. $1 minimum deposit.

Robinhood — Available statewide. Routes through Kalshi.

Polymarket US — Strong political (especially NH primary) market depth. USDC-funded.

DraftKings Predictions — Available with full sports contracts. Notable: DraftKings runs NH's only retail/online sportsbook under the state lottery monopoly, giving DK Predictions an unusual home-state advantage.

FanDuel Predicts — Available statewide.

Fanatics Markets — Available statewide.

OG.com — Available statewide.

Sleeper, Novig, Chalkboard, Rebet — All available in NH (one of only a handful of states where every platform we track operates).

Eligibility Checklist for NH Residents

  • 18+ on CFTC-regulated platforms.
  • Government ID + SSN for KYC.
  • US bank account, debit card, or USDC wallet.
  • 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 generally under IRC Section 1256 (60% long-term / 40% short-term capital gains). 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 Happens Next

NH's posture is unlikely to change in 2026. The structural reasons (no multi-operator sportsbook industry, no tribal coalition, lottery-monopoly sports betting model) make NH a low-priority target for the multi-state coalition pushing back on CFTC prediction markets. We expect NH to remain fully permissive through end of 2026 and into the 2028 election cycle.

Sources

  • NPR: [As hoops betting spikes, it's states vs. prediction markets](https://www.npr.org/2026/04/02/nx-s1-5770198/states-gaming-prediction-markets-kalshi)
  • NH Public Radio: [Polymarket tries to woo a skeptical D.C. with a prediction market](https://www.nhpr.org/2026-03-27/polymarket-tries-to-woo-a-skeptical-d-c-with-a-prediction-)

Platform Availability in New

Platform
Available
Notes
Full catalog available — no NH-specific restrictions
Available statewide
Sports contracts available — DK runs NH's only retail sportsbook under state lottery deal
Available statewide
Available statewide

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Frequently Asked Questions

Are prediction markets legal in New Hampshire in 2026?
Yes — fully. New Hampshire has taken no state enforcement action against CFTC-regulated prediction markets. All major platforms (Kalshi, Polymarket, Robinhood, DraftKings Predictions, FanDuel Predicts, Fanatics Markets, OG.com, Sleeper, Novig, Chalkboard, Rebet) are available statewide with full sports and non-sports market access.
Can I trade NFL prediction markets in New Hampshire?
Yes. NFL, NBA, MLB, NHL, college football and basketball, golf, MMA and soccer event contracts are all available to NH residents on every major CFTC-regulated platform with no NH-specific restrictions.
Why is New Hampshire so permissive compared to neighboring Massachusetts?
Three structural reasons: (1) NH has no large multi-operator state-licensed sportsbook industry — DraftKings is the exclusive operator under a state-lottery monopoly, so there are fewer state-licensed-sportsbook interests to protect. (2) NH has no organized tribal gaming coalition (no federally recognized commercial gaming tribes). (3) NH AG John Formella has not joined the multi-state coalition led by MA AG Campbell.
Are there any prediction-market taxes in New Hampshire?
No state income tax on wages or capital gains. NH has a 5% interest-and-dividends tax that is being phased out by 2027 and does not apply to most prediction-market gains. Only federal taxes apply (generally IRC Section 1256: 60% long-term / 40% short-term capital gains). NH is one of the most tax-favorable US states for active prediction-market trading.
What is the minimum age?
18+ on all CFTC-regulated prediction market platforms. New Hampshire DraftKings sportsbook also operates at 18+.
Will New Hampshire's permissive posture change in 2026?
Unlikely. The structural conditions (lottery-monopoly sports betting, no multi-operator industry, no tribal coalition) make NH a low-priority target for state enforcement. We expect NH to remain fully permissive through 2026 and into the 2028 NH First-in-the-Nation primary cycle.

§ 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