Washington law prohibits online gambling, but what about prediction market platforms? This guide explains the current legal situation in the Evergreen State. Is Kalshi legal in Washington? Let’s take a closer look.
Current Status in Washington
Is Kalshi legal in Washington? On July 20, 2026, a King County Superior Court judge ruled that Kalshi is likely violating the Washington Gambling Act and Consumer Protection Act. A preliminary injunction was granted in the state, and an amendment order signed in August 2026 bars Kalshi from offering sports, election, politics, culture, entertainment, mention markets, and tech/science related contracts to people in Washington.
The legal status means that Kalshi is still able to offer climate, commodities, economics, and finance-related contracts as of November 9, 2026. The injunction is a preliminary ruling, with a final judgment not forthcoming as Kalshi appeals the court’s jurisdiction.
| Cases & Restrictions | Answers of November 9, 2026 |
| Court | King County Superior Court, Judge John McHale |
| Case | State of Washington vs KalshiEX LLC, No. 26-2-10264-3 SEA |
| Restrictions | Sports, elections, entertainment, politics, culture, technology, and mentions |
| Categories not covered | Economics, climate, commodities, finance |
| Advertising | Kalshi cannot advertise the covered contracts to Washington traders |
| Status | Preliminary injunction remains while the case and appeals continue |
How the Washington Case Reached This Point
The Kalshi-Washington state lawsuit moved from a regulator’s notice to a court order in the space of around eight months. The following table outlines each step in the process:
| Date | Event |
| December 2025 | The Washington State Gambling Commission issues guidance stating offering event contracts is not authorized in the state. Judge states that Kalshi “willfully ignored” this notice. |
| March 27, 2026 | Attorney General Nick Brown sues KalshiEX LLC in King County Superior Court. |
| March 27, 2026 | Kalshi takes the case to federal court in Seattle. |
| May 5, 2026 | U.S. District Judge John Coughenour sends the case back to the state court. |
| May 21, 2026 | The Ninth Circuit declined to pause the remand, a decision Kalshi appealed. |
| July 20, 2026 | A preliminary injunction is granted and Judge McHale rejects Kalshi’s federal preemption defense. |
| August 10, 2026 | The Washington Court of Appeals rejects Kalshi’s emergency request against the injunction. |
| August 12, 2026 | Judge McHale signed the amended preliminary injunction that set contract restrictions and geofencing guidelines. |
| August 18, 2026 | The Attorney General and Gambling Commission agree not to pursue action against the North American Derivatives Exchange (OG). |
| August 21, 2026 | Kalshi asks Judge McHale to reconsider the amended order or make it similar to the OG agreement. |
| September 2026 | Kalshi’s motion is denied by Judge McHale. |
Washington’s case against Kalshi covers both trading and marketing. The court ruled “Kalshi’s provision, marketing, and advertising of illegal gambling activities constitute unfair and/or deceptive acts or practices”. This was related to an ad where one individual messages another saying “found a way to bet on the NFL even though we live in Washington”.
What the Injunction Covers
Kalshi must stop offering, accepting, or facilitating contracts in seven categories for traders in Washington. Based on information on November 9, four categories fall outside of the ruling:
| Restricted in Washington | Not Covered By the Order |
| Sports | Commodities |
| Elections | Climate |
| Politics | Economics |
| Entertainment | Finance |
| Culture | |
| Tech | |
| Mentions |
The Attorney General’s Office states the restricted categories contribute to a significant portion of Kalshi’s revenue, which has partly been driven by sports coverage. Mentions contracts were also singled out by the court. They resolve based on whether public figures say specific words or phrases. The office says these contracts are prone to insider trading by those close to the source.
The order sets two deadlines for geofencing:
- August 19, 2026: an IP address and residency-based geofence.
- September 2, 2026: a multi-source geofencing solution.
A spokesperson for the Attorney General’s Office told KUOW that multi-source tracking includes the GPS signal from a user’s device. Reporting on the order states that missing the September 2 deadline exposes Kalshi to fines of $120,000 a day.
Polymarket and Other Operators in Washington
Now that we’ve answered “Is Kalshi legal in Washington?” It’s time to consider other prediction market platforms. On December 9, 2025, the Washington State Gambling Commission said “offering events-based contracts or participating in these markets is not authorized in Washington State.”
| Platform | Washington Action | Status as of November 9, 2026 |
| Kalshi | Attorney General lawsuit and preliminary injunction | Seven contract categories restricted by court order |
| Polymarket | No Washington lawsuit or court order | No enforcement action |
| Robinhood | Robinhood sued Washington in federal court | State agreed to non-enforcement while Ninth Circuit appeals remain pending |
| OG | Non-enforcement agreement with the state | State agreed not to enforce while appeals are ongoing |
Polymarket
As of November 9, 2026, no Washington lawsuit, court order, or cease-and-desist involving Polymarket was reported. However, the Gambling Commission’s December 2025 guidance applies to all online operators offering event contracts. Polymarket’s international site is blocked for users in the United States, who can only access the Polymarket US app.
Robinhood
Robinhood sued the Attorney General and Gambling Commission in federal court in Tacoma on March 30, 2026. This occurred three days after the state sued Kalshi. Robinhood argued federal commodities law preempts Washington gambling law for contracts on CFTC-regulated exchanges.
According to Robinhood’s quarterly report for the period ending September 30, 2026, Washington agreed not to enforce certain state laws against it. This agreement remains while the Ninth Circuit appeals are pending.
OG
On August 18, 2026, the Attorney General’s Office and Gambling Commission agreed not to pursue civil or criminal enforcement against North American Derivatives Exchange, which trades as OG. Kalshi cited this agreement when asking the court to reconsider its own injunction.
Washington Law and the Federal Preemption Argument
The core argument centers on whether federal law displaces Washington’s gambling law. Kalshi argues the Commodity Exchange Act gives the Commodity Futures Trading Commission (CFTC) exclusive jurisdiction over event contracts on its federally designated platform.
However, Judge McHale determined the Commodity Exchange Act “does not preempt Washington State gambling law” in his July 20 order.
Washington’s case rests on its own law. The Attorney General’s Office cites the state’s definition of gambling as “staking or risking something of value upon the outcome of a contest of chance or a future contingent event”.
The CFTC’s Position
The CFTC believes it has exclusive authority over these markets. On August 11, 2026, it used its powers to order Kalshi to keep operating following a New York lawsuit. The CFTC has not taken action against the Washington order as of November 9, 2026.
| Court | Ruling | Date |
| Third Circuit (New Jersey) | Ruled for Kalshi on preemption | April 6, 2026 |
| U.S. District Court (Utah) | Ruled against Kalshi | August 4, 2026 |
| Ninth Circuit (Nevada) | Ruled against Kalshi on sports contracts | August 28, 2026 |
| Sixth Circuit | Ruled against Kalshi | September 2026 |
| U.S. District Court (Illinois) | Partly blocked Illinois rules in suits by Kalshi | October 2, 2026 |
State courts in Massachusetts and Michigan have also restricted Kalshi.
What Could Change Next
There are four pending steps that could impact the status of Kalshi and other prediction market platforms in Washington:
- Kalshi’s state appeal: Kalshi has appealed the injunction to the Washington Court of Appeals. No merits ruling had been reported as of November 9, 2026.
- The federal remand appeal: Kalshi’s Ninth Circuit appeal of the order returning the case to state court remains open.
- Non-enforcement agreements: Washington’s agreement with Robinhood runs until the Ninth Circuit Nevada appeals end or en banc review is denied. The Ninth Circuit denied rehearing in the Kalshi Nevada case on November 4, 2026. The effect on the Robinhood and OG agreements had not been reported as of November 9.
- The U.S. Supreme Court: Kalshi’s response to New Jersey’s petition in Flaherty v. KalshiEX is due December 7, 2026. Kalshi also has 90 days from November 4 to seek Supreme Court review of the Nevada ruling.
Conclusion
A King County Superior Court preliminary injunction bars Kalshi from offering sports, culture, politics, election, entertainment, mentions contracts, and tech in Washington. The court is of the belief that Kalshi is likely violating the Consumer Protection Act and Washington Gambling Act, a ruling that Kalshi is appealing. With other operators under guidance, but no court orders, more changes could be forthcoming.
Frequently Asked Questions
Is Kalshi legal in Washington state?
On July 20, 2026, a King County judge found that Kalshi likely violates Washington state gambling law and restricted its operations. This restricts Kalshi from offering politics, election, sports, culture, entertainment, tech, and mentions contracts in the state.
Can I still use Kalshi in Washington?
Yes. Economics, climate, commodities, and finance-related events contracts are still available to Kalshi traders in Washington.
Is Polymarket legal in Washington?
Yes. No Washington lawsuit or court order naming Polymarket has been made public as of November 9, 2026. However, Washington State Gambling Commission guidance states offering event contracts is not authorized in the state.
Who is suing Kalshi in Washington?
Attorney General Nick Brown filed a case against Kalshi on March 27, 2026. It targeted Kalshi’s trading and advertising.
Will the Washington ruling be appealed?
Kalshi has appealed the ruling. However, a Court of Appeals commissioner denied a request to pause the injunction on August 10. Judge McHale also denied Kalshi’s motion to reconsider in September 2026.
Resources: Kalshi | CFTC | Washington State Attorney General | KUOW | SBC Americas