Are Prediction Markets Legal in Massachusetts?

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

As of September 27, 2026, the legality of prediction markets in Massachusetts is unresolved — litigation is ongoing with no final ruling yet.

Prediction markets in Massachusetts

Contested — litigation pending
A Suffolk Superior Court judge granted the Attorney General a preliminary injunction against unlicensed sports event contracts (Commonwealth v. Kalshi, January 2026), but it is stayed while the Supreme Judicial Court reviews the case on direct appeal, so the platform still operates in-state pending a decision. Everything else in Massachusetts now waits on that appeal. Polymarket US (February 2026) and Novig (August 2026) each sued the Attorney General and the Gaming Commission in federal court, and each case was stayed by agreement until Kalshi has exhausted its state appellate rights, with the Attorney General agreeing not to enforce in the meantime: other platforms’ exposure turning on a case they are not parties to. Robinhood Derivatives sued first, in September 2025, and had its case dismissed twice as unripe; its appeal to the First Circuit concerns ripeness and standing, not preemption. Underdog filed a fifth suit on September 8, 2026.

Litigation affecting Massachusetts

Which platforms are available in Massachusetts?

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 Massachusetts
PlatformStatus in MassachusettsSource
KalshiOffered here, per the platform’s own availability listPlatform’s list
Polymarket (international)Unavailable herePlatform’s list
DKeX (DraftKings Predictions)Offered, with sports restrictedPlatform’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 Massachusetts

Legal — Online & Retail

Legalized 2022; retail January 2023, statewide mobile March 2023 The market is regulated by the Massachusetts Gaming Commission. Tribal gaming: Minor (Mashpee Wampanoag).

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.