Prediction Markets Explained

A prediction market lets you buy a yes or no contract on an event, such as a game or an election. Each contract pays $1 if you're right and nothing if you're wrong, so its price works like the crowd's estimate of the odds. Kalshi and Polymarket US are the best-known US exchanges. Federal regulators treat them as derivatives markets, but states are fighting that in court, and federal appeals courts have split on sports contracts. Whether you can use one depends on where you are and what the contract is about.

How a trade works

Say a contract on a team winning costs 40 cents. You buy 10 for $4. If the team wins, they pay $10 and you make $6 before fees. If it loses, you lose the $4 plus the fee. The 40 cents implies a 40% chance. You trade against other account holders, not a bookmaker, and many are professional market makers. You can sell before the event ends, but you may pay the fee again.

You pay
$4
10 contracts at 40 cents
You get back
$10 or $0
$1 a contract if you're right
Fee on Kalshi
about 17 cents
at its general rate
Break-even
about 41.7%
how often the team must win

What it costs

The exchange takes a fee instead of building a margin into the odds. Kalshi's general formula is 0.07 × contracts × price × (1 − price). That's what you pay when your order fills at once. Orders that rest on the book pay less or nothing. On the trade above that's about 17 cents: you win about $5.83 or lose about $4.17, and the team must win about 41.7% of the time for you to break even.

At 50 cents the fee is 1.75 cents a contract, or about 3.4% of what you pay. A standard sportsbook bet at −110 carries a margin of about 4.5%. So a contract at 50 cents can cost less than the sportsbook's price, but only in a tight market: paying 51 cents for a true 50-50 contract costs 5.2%. The fee also weighs more on long shots, as the table shows.

What a trade costs

PriceKalshi (7%)Polymarket US, entry tier (9.5%)
10 cents5.9%7.9%
25 cents5.0%6.7%
50 cents3.4%4.5%
75 cents1.7%2.3%
90 cents0.7%0.9%
Fee ÷ total paid, for orders that fill at once. Our calculation from Kalshi's fee schedule (PDF) and Polymarket US's fee schedule (tiers from November 6, 2026).

A −110 sportsbook bet costs 4.55%, and −110 only prices near-even bets. At 50 cents, Polymarket US's entry fee costs about the same as −110, while Kalshi's costs about a quarter less. The spread comes on top.

What is Kalshi?

Kalshi, founded in 2018, is a US exchange regulated by the Commodity Futures Trading Commission (CFTC) as a designated contract market, the same category as the big futures exchanges, a status it has held since 2020. It lists contracts on sports, politics, the economy and more, and charges the fee above. Kalshi says it has no house. One market maker on its exchange, Kalshi Trading, is owned by its parent. Kalshi says that unit gets no special treatment, and class actions dispute the “no house” claim.

What is Polymarket?

Polymarket began as a crypto-based market outside US regulation. In January 2022 the CFTC ordered it to pay $1.4 million for offering off-exchange event contracts and to close the non-compliant markets. It came back through QCX LLC, a CFTC-designated exchange it bought, which now trades as Polymarket US. On November 24, 2025 the CFTC amended QCX's designation so brokers can offer it to their customers. The global site and Polymarket US are separate platforms.

Kalshi vs Polymarket

KalshiPolymarket USPolymarket global
RegulatorCFTCCFTC (QCX LLC)Not US-regulated
Who can use itUS residents; court orders limit it in Nevada, Michigan and WashingtonUS residents, through its app or brokers, subject to state action; a court order limits Polymarket in NevadaOutside the US, subject to local law; its rules let users in the US, UK, Australia and Ontario close positions but not open new ones
MoneyDollarsDollarspUSD, a crypto token backed by USDC
FeesTakers pay 7% × price × (1 − price); varies by marketTakers pay 9.5% × price × (1 − price) under $10,000 of volume over the last 30 days, falling to 6.95% at $250,000; 6.95% in an account's first 7 daysTakers only, 4-7% × price × (1 − price) by category (sports 5%); geopolitics free; makers free
In courtNevada, Ohio, Tennessee, Utah, Arkansas, New Jersey, Massachusetts, Michigan, Washington, New York, Connecticut, Maryland, Arizona and California tribes, among othersIn court with Ohio, Massachusetts, Michigan, New Mexico, Minnesota, New York and Baltimore, among othersIts parent, Blockratize, is sued by Nevada and Kentucky and in class actions
Sources: fees from Polymarket US and Polymarket; Polymarket's geographic rules and pUSD page; court cases from Foley, Gambling Insider and the table below.

What about the sportsbooks?

Sportsbooks have moved in. DraftKings said more than 1.6 million customers had tried DraftKings Predictions in 2026, and on November 5 it cut its 2026 adjusted EBITDA outlook to $175-275 million from $700-900 million, with $650-700 million going into Predictions. Brokers and exchanges including Robinhood, Coinbase, Crypto.com and Gemini offer event contracts too.

Is Kalshi legal?

Federally, Kalshi is a registered exchange. Whether states can still ban its sports contracts as gambling is the open question, and the courts disagree. The Third Circuit sided with Kalshi against New Jersey in April 2026. The Ninth Circuit (Nevada, August 2026) and the Sixth Circuit (Ohio and Tennessee, September 2026) went the other way. New Jersey has asked the Supreme Court to step in, and so have Robinhood and Crypto.com in the Nevada case. These are early rulings on injunctions, not final judgments. Kalshi's reply to New Jersey is due December 7.

Until the Supreme Court acts, the answer depends on your state: court orders limit Kalshi in Nevada, Michigan and Washington, a Massachusetts order is on hold until its high court rules, and the Second Circuit refused on November 3 to stop New York and Connecticut from enforcing their laws. Federal judges have gone the other way in Arizona, Minnesota and Illinois, where orders block enforcement against these exchanges for now.

Utah has filed criminal charges against Kalshi and its founders, the Deseret News reported. Charges aren't a conviction. Arkansas sued it on November 4, the day it also sued sweepstakes operator VGW. Kalshi argues that federal law overrides state gambling laws.

Is Polymarket legal in the US?

Polymarket US is a CFTC-registered exchange, so it can operate federally, and the state fights reach it too. A Nevada court order bars Polymarket's sports, election and entertainment contracts there. Ohio's regulator ordered 10 prediction market companies and brokers to drop sports contracts on October 2, 2026; Polymarket US sued in federal court on October 16. The global site isn't US-regulated, and Polymarket's own rules let US users close old positions but not open new ones.

Where it stands: the key rulings and state actions

This is a selection of the main rulings and state actions, not a full list, newest first. Last updated November 9, 2026.

DateWhereWhat happenedSource
Nov 6, 2026 (reported)OhioCoinbase agreed to stop by Nov 13CDC Gaming
Nov 5, 2026CFTCSaid exchanges must end domestic geographic restrictions that breach its impartial-access rules within 30 days, or explain why they can'tCFTC
Nov 4, 2026ArkansasThe Attorney General sued Kalshi, alleging illegal gamblingArkansas AG
Nov 4, 2026Ninth CircuitDenied Kalshi a rehearing in the Nevada caseorder
Nov 4, 2026CaliforniaA federal judge barred Kalshi's sports contracts on the lands of two tribesorder
Nov 3, 2026Second CircuitRefused Kalshi (New York, Connecticut) and Coinbase (Connecticut) injunctions pending appeal, so both states can enforceCDC Gaming
Oct 30, 2026IllinoisA federal judge barred Illinois from enforcing its gambling laws against swaps, including sports contracts, on CFTC-regulated exchanges and brokers; Illinois has appealedorder
Oct 28, 2026UtahCriminal charges against Kalshi and its co-founders, as reportedDeseret News
Oct 26, 2026UtahThe US and the CFTC sued Utah, claiming exclusive federal authoritycomplaint
Oct 26, 2026OhioRobinhood agreed to stop new sports contracts there by Nov 2Robinhood 10-Q
Oct 20, 2026UtahThe Attorney General filed a civil action against KalshiDeseret News
Oct 16, 2026OhioPolymarket US sued over Ohio's enforcementcomplaint
Oct 9, 2026CFTCInterim rule: casino-style products, including sportsbook wagers, aren't swaps; comments close Nov 18. Proposal: event contracts on sports, politics, culture and weather would berule, proposal
Oct 2, 2026OhioThe regulator ordered 10 companies to drop sports contractsletters
Sep 25, 2026Sixth CircuitRefused to block Ohio's laws against Kalshi and threw out the injunction Kalshi had won in Tennessee; Kalshi has asked the full court to rehear itruling
Sep 24, 2026New YorkThe Attorney General sued Polymarket USpetition
Sep 16, 2026Ninth CircuitSided in part with California tribes on sports contracts on their landsopinion
Sep 2, 2026Supreme CourtNew Jersey asked it to review the Third Circuit ruling; Kalshi's response is due Dec 7docket 26-299
Sep 1, 2026MichiganState injunction against Kalshi's sports contracts, after a Jun 29 restraining orderorder, DeFi Rate
Aug 28, 2026Ninth CircuitFederal law likely doesn't override Nevada's gaming rules for sports contractsopinion
Aug 2026WashingtonA King County judge ordered Kalshi to stop sports, election, politics, entertainment, culture, tech and science, and “mentions” contracts in the state, under an injunction granted in JulyAttorney General
Aug 2026UtahA federal judge ruled that Utah's laws apply to Kalshi's sports contractsDeseret News
Jul 27, 2026MinnesotaA federal judge blocked the state's prediction market ban days before it took effect, in cases brought by Kalshi, Polymarket US and the CFTCCourthouse News
May 2026NevadaA state judge barred Polymarket's sports, election and entertainment contracts there, after the regulator's January suit and a temporary orderKSNV
May 2026Maryland, MassachusettsThe Fourth Circuit and Massachusetts' high court heard cases; no ruling yet in either, as far as we could findCovers, Insurance Journal
May 5, 2026ArizonaAt the CFTC's request, a federal judge barred Arizona from enforcing its gambling laws over event contracts on CFTC-regulated exchanges, which stops its criminal case against Kalshi for now; Arizona has appealedorder
Apr 28, 2026NevadaA state judge ordered Kalshi to stop election, sports and entertainment contracts for people in NevadaDeFi Rate
Apr 6, 2026Third CircuitSided with Kalshi against New Jerseyopinion, docket 26-299
Feb 9, 2026MassachusettsPolymarket US sued the stateDeFi Rate
Feb 4, 2026CFTCWithdrew its 2024 event-contracts proposalCFTC

Outside the US

  • Australia. On October 30, 2026 ASIC said prediction market contracts have “all the features of a bet”, that it isn't convinced retail markets are in the public interest, and that Australians using offshore platforms have no protection under Australian law. It compared them with binary options, banned for retail clients since 2021: in the 13 months before that ban, 74-77% of active retail clients lost money.
  • Great Britain. The Gambling Commission said on February 4, 2026 that prediction markets couldn't class themselves as non-gambling products in Britain and would appear to be betting intermediaries, which need a license, and that unlicensed operators shouldn't serve British customers. Operating without a license is a criminal offense.

Is it gambling?

Legally, that's what the courts are deciding. In practice it works the same way for your money: you can lose all of your stake, and no system beats a fair market after fees. Set a budget the way you would at a casino. Help is at 1-800-MY-RESET in the US.

In the news

Questions about prediction markets

What is Kalshi?

A US exchange regulated by the CFTC where you trade yes or no contracts on events.

Is Kalshi legal?

It's federally registered, but several states say its sports contracts are illegal gambling, and the courts are split.

Is Polymarket legal in the US?

Polymarket US is CFTC-registered. The global site isn't US-regulated and doesn't take new US trades.

What's the difference between Kalshi and Polymarket?

Both run CFTC-regulated exchanges in the US. Kalshi is one exchange you can join directly, in dollars. Polymarket has two platforms: Polymarket US, in dollars through its app or brokers, and a crypto-based global site that doesn't take new US trades.

Are prediction markets gambling?

Courts are deciding. ASIC and Britain's Gambling Commission treat them much like betting.

How we checked. By the casin.com team. Last checked November 9, 2026. Sources: court opinions and filings, CFTC and state releases, press reports where noted, ASIC and the Gambling Commission, the platforms' own pages, company filings and casin.com news. This is a guide, not legal or financial advice.