Are Prediction Markets Legal in Delaware?

Last updated September 27, 2026. Snapshot — not legal advice.

As of September 27, 2026, prediction markets operate in Delaware with no state restriction currently in place.

Prediction markets in Delaware

No prediction-market action
No Delaware agency has taken prediction-market enforcement action; CFTC-regulated event contracts face no Delaware-specific restriction.

Litigation affecting Delaware

No state has taken enforcement action against CFTC-regulated prediction-market platforms in Delaware.

Which platforms are available in Delaware?

Each platform’s own published availability list, checked September 24, 2026. This table covers the platforms whose complete list we could verify from a primary source: Kalshi, Polymarket (international), DKeX (DraftKings Predictions), Underdog (Underdog Predict), Novig.

Platform availability in Delaware
PlatformStatus in DelawareSource
KalshiOffered here, per the platform’s own availability listPlatform’s list
Polymarket (international)Unavailable herePlatform’s list
DKeX (DraftKings Predictions)Offered here, per the platform’s own availability listPlatform’s list (archived Sep 16)
Underdog (Underdog Predict)Offered here, per the platform’s own availability listPlatform’s list
NovigOffered here, per the platform’s own availability listPlatform’s list

Sports betting & gambling in Delaware

Legal — Online & Retail

Retail 2018; statewide online Dec 2023 The market is regulated by the Delaware Lottery. Tribal gaming: not a factor.

The federal-vs-state fight

Every entry in this fight turns on the same question: does a prediction-market platform's federal regulation by the CFTC preempt a state's gambling law, or does the state retain authority to restrict it? Courts around the country are answering that question differently — sometimes for the platform, sometimes for the state — and almost every ruling so far is preliminary and under appeal. Treat this page as a snapshot, not a final word.

This page is informational, not legal advice. Nearly every litigation entry referenced here is a preliminary ruling under appeal. Always verify a platform's current, location-specific eligibility directly with the venue before relying on this page.