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Are Prediction Markets Legal in New Jersey?

Status as of October 3, 2026 (re-checked October 14): Kalshi, Polymarket US, ProphetX and Novig available, dispute pending; OG sports contracts not offered. Third Circuit ruling and petition No. 26-299.

Catie Di Stefano By , Founder, PredictionRanks · Updated

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Quick Verdict: Kalshi, Polymarket US, ProphetX and Novig available, dispute pending; OG sports contracts not offered

Short answer: Kalshi, Polymarket US, ProphetX and Novig accept New Jersey residents, with a dispute pending; OG does not offer sports contracts here. The Third Circuit upheld Kalshi's preliminary injunction against New Jersey on April 6, 2026, and New Jersey has asked the Supreme Court to review it (No. 26-299). Kalshi's response is due November 9, 2026, and the petition had not been granted when we checked on October 14, 2026. (docket No. 26-299 (opens in a new tab))

Kalshi, Polymarket US, ProphetX and Novig: Available, dispute pending; OG: sports contracts not offered in New Jersey. The Third Circuit upheld Kalshi's preliminary injunction against New Jersey on Apr 6, 2026 and New Jersey has asked the Supreme Court to review it (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; court dates and open cases re-checked October 14, 2026): Kalshi, Polymarket US, ProphetX and Novig: Available, dispute pending; OG: sports contracts not offered in New Jersey.
  • Why: The Third Circuit upheld Kalshi's preliminary injunction against New Jersey on Apr 6, 2026 and New Jersey has asked the Supreme Court to review it (No. 26-299).
  • Welcome offers that apply to New Jersey residents (partner terms of Oct 1, 2026): Kalshi, Polymarket US, ProphetX, Novig. Not valid here: OG, 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 Jersey 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 · Partner terms of Oct 1, 2026

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 →

Status in New Jersey as of October 3, 2026

PlatformStatusWhy (source)Welcome offer in New Jersey
KalshiAvailable, dispute pendingKalshi accepts New Jersey residents under a federal court injunction that protects it; the Third Circuit upheld that preliminary injunction on Apr 6, 2026 and New Jersey has asked the Supreme Court to review it (No. 26-299). (source (opens in a new tab))Valid: Trade $25 and Get $25!
Polymarket USAvailable, dispute pendingPolymarket US accepts New Jersey residents; the Third Circuit upheld Kalshi's preliminary injunction against New Jersey on Apr 6, 2026 and New Jersey has asked the Supreme Court to review it (No. 26-299). (source (opens in a new tab))Valid: Deposit $10 get a $25 Trading Bonus!
ProphetXAvailable, dispute pendingProphetX accepts New Jersey residents; the Third Circuit upheld Kalshi's preliminary injunction against New Jersey on Apr 6, 2026 and New Jersey has asked the Supreme Court to review it (No. 26-299). (source (opens in a new tab))Valid: Trade $50, Earn $75!
OG (by Crypto.com)Sports contracts not offeredOG's help center says OG.com is available in all U.S. states but that certain event contracts are unavailable in certain states, and OG's prediction-markets explainer ("Eligibility and state restrictions") says New Jersey residents cannot trade sports contracts; other categories may be open. Crypto.com said in Dec 2025 that it does not offer sports contracts in New Jersey, and the OG welcome offer excludes New Jersey. (source: OG Help Center; Sports Betting Dime (opens in a new tab))Not valid here
NovigAvailable, dispute pendingNovig accepts New Jersey residents; the Third Circuit upheld Kalshi's preliminary injunction against New Jersey on Apr 6, 2026 and New Jersey has asked the Supreme Court to review it (No. 26-299). (source (opens in a new tab))Valid: Deposit $10 Get $50 in Trade Credits!
RebetNot offeredRebet is a sweepstakes app, not a CFTC-regulated exchange; its sweepstakes rules exclude New Jersey. (source)Not valid here

What changed (newest first)

What the Third Circuit actually decided

In KalshiEX LLC v. Flaherty (No. 25-1922, April 6, 2026), a divided Third Circuit panel (2-1) upheld a preliminary injunction that stops New Jersey from enforcing its gambling laws against Kalshi's sports event contracts. The majority found Kalshi had a "reasonable chance" of showing that federal commodities law preempts state law; one judge dissented. This is a preliminary-stage ruling, not a final decision on the merits, and it protects Kalshi specifically. The Third Circuit's rulings bind federal courts in New Jersey, Pennsylvania and Delaware. (Third Circuit opinion (opens in a new tab))

The Ninth Circuit (August 28, 2026) and the Sixth Circuit (September 25, 2026) later sided with the states, and New Jersey's petition says that "nearly all other judges have sided with the States". (New Jersey petition, No. 26-299 (opens in a new tab)) Read how the Supreme Court petitions work.

What New Jersey Residents Can Trade

Because Kalshi, Polymarket US, ProphetX and Novig carry the status Available, dispute pending, New Jersey residents can trade sports (Giants, Jets, Devils, Rutgers), politics, economics, crypto and culture markets on those platforms, subject to each app's own listings. OG does not offer sports contracts in New Jersey; its other categories may be open.

Best prediction market platforms for New Jersey residents

Status words below are as of October 3, 2026; court dates and open cases re-checked October 14, 2026. They describe whether a platform accepts New Jersey residents, not whether trading is legal.

Kalshi — Available, dispute pending, protected by the federal preliminary injunction the Third Circuit upheld. Its welcome offer (Trade $25 and Get $25!, code RANKPREDICTS) is valid in New Jersey. Open Kalshi (opens in a new tab). KalshiEX LLC has been a CFTC-designated contract market since November 2020 (CFTC release 8302-20 (opens in a new tab)).

Polymarket US — Available, dispute pending. Its welcome offer (Deposit $10 get a $25 Trading Bonus!) is valid here. Open Polymarket US (opens in a new tab). Polymarket US runs through QCX LLC, a CFTC-designated contract market (CFTC listing (opens in a new tab)).

ProphetX — Available, dispute pending. Its welcome offer (Trade $50, Earn $75!) is valid here. Open ProphetX (opens in a new tab). A sports-first exchange, designated a contract market by the CFTC in June 2026, that also certified election contracts with the CFTC on September 2, 2026 (CFTC product filings (opens in a new tab)).

OG (by Crypto.com) — Sports contracts not offered in New Jersey, and OG's welcome offer is not valid here.

Novig — Available, dispute pending. Its welcome offer (Deposit $10 Get $50 in Trade Credits!) is valid here. Open Novig (opens in a new tab). Novig (Ludlow Exchange, LLC) has been a CFTC-designated contract market since June 16, 2026 (CFTC listing (opens in a new tab)); its minimum age is 21.

Rebet — Its sweepstakes rules exclude New Jersey, so it is not offered here. Rebet is a sweepstakes app, not a CFTC-regulated exchange (Rebet sweepstakes rules).

Catie has funded and traded on all of these platforms herself. Offers are from the partner terms of October 1, 2026; terms apply.

Eligibility Checklist for New Jersey Residents

  • Age: Kalshi's and Polymarket US's minimum age is 18; ProphetX's is 18, or the local age of majority if higher; Novig's is 21. OG's sign-up screen says 18. We recommend 21+.
  • Government ID and Social Security number for KYC.
  • US bank account or debit card.
  • Platforms check where you are physically located when you trade, not only your home address.

Deposit, Withdrawal & Tax Notes for New Jersey

  • Deposits: $10 minimum on Kalshi (bank transfer free; debit card may carry a 2% fee) and ProphetX; Polymarket US's docs list no deposit fee; Novig charges 3% on card and Apple Pay deposits, bank transfers free. Source: each operator's help center (checked October 3, 2026).
  • Taxes: the IRS↗ (opens in a new tab) has not issued guidance on event contracts; tax professionals argue for gambling income, capital gains or Section 1256 (60/40) treatment. State income tax can apply to gains. Consult a tax professional.

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); Kalshi asked the full Sixth Circuit to rehear the case on October 9, 2026, and the court has not ruled; the CFTC's October 9, 2026 interim final rule takes effect only when it is published in the Federal Register, which had not happened as of October 14, 2026. We re-check this page when any of these happen and log the change above.

Sources

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 New Jersey?

We don't give legal verdicts. Status as of October 3, 2026, with court dates re-checked October 14, 2026: Kalshi, Polymarket US, ProphetX and Novig: Available, dispute pending; OG: sports contracts not offered in New Jersey. The Third Circuit upheld Kalshi's preliminary injunction against New Jersey on April 6, 2026 and New Jersey has asked the Supreme Court to review it (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 New Jersey?

Status as of October 3, 2026: Available, dispute pending. Kalshi accepts New Jersey residents under a federal court injunction that protects it; the Third Circuit upheld that preliminary injunction on April 6, 2026 and New Jersey has asked the Supreme Court to review it (No. 26-299). Kalshi's welcome offer (Trade $25 and Get $25!) applies to New Jersey residents. Kalshi's minimum age is 18; we recommend 21+.

Did the Third Circuit decide that the CFTC has exclusive jurisdiction?

No final decision was made. At the preliminary-injunction stage, the 2-1 majority found Kalshi had a reasonable chance of showing federal law preempts New Jersey's gambling laws. One judge dissented.

Has the Supreme Court agreed to hear New Jersey's case?

No. Petition No. 26-299 is pending and had not been granted as of October 14, 2026. Kalshi's response is due November 9, 2026.

What has New Jersey done about prediction markets?

The Third Circuit upheld Kalshi's preliminary injunction against New Jersey on April 6, 2026 and New Jersey has asked the Supreme Court to review it (No. 26-299). Most recent New Jersey entries in our timeline: October 6 to 8, 2026: friend-of-the-court briefs filed in No. 26-299; September 22, 2026: Kalshi's response deadline extended to November 9, 2026; September 2, 2026: New Jersey petitions the Supreme Court. Each entry above links to its source.

What could change the status in New Jersey?

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); Kalshi asked the full Sixth Circuit to rehear the case on October 9, 2026, and the court has not ruled; the CFTC's October 9, 2026 interim final rule takes effect only when it is published in the Federal Register, which had not happened as of October 14, 2026. We re-check this page when any of these happen and log the change above.

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