Are Prediction Markets Legal in Ohio?

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

As of September 27, 2026, Ohio has a restriction on prediction-market platforms currently in effect.

Prediction markets in Ohio

Restriction in effect; fine contested

Federal courts declined to shield Kalshi from Ohio enforcement, and on September 25, 2026 the Sixth Circuit affirmed in a published opinion: Kalshi had not shown its sports contracts are swaps, and even if they were, the Commodity Exchange Act would not preempt Ohio’s gambling law. The Casino Control Commission separately proposed a $5 million fine, which Kalshi is challenging in state court. Underdog brought its own preemption suit in the Northern District of Ohio on September 8, 2026, now squarely against that precedent.

Litigation affecting Ohio

KalshiEX LLC v. Schuler (6th Cir., consolidated with the Tennessee appeal)The Sixth Circuit ruled for Ohio and Tennessee (September 25, 2026, published): sports contracts are not shown to be swaps, and even if they were, the CEA would not preempt either state’s gambling law.

States win: Ohio affirmed, Tennessee vacated (6th Cir.)

KalshiEX LLC v. Ohio Casino Control Commission (fine challenge)Ohio’s Casino Control Commission proposed a $5M fine; Kalshi sued in state court to block it (June 2026), invoking the Ohio Constitution’s civil jury-trial right.

Pending — fine contested

Underdog Exchange DCM, Inc. v. WilsonUnderdog sued OH officials (September 8, 2026) for a declaration that federal law preempts state enforcement against its sports event contracts.

Filed; no ruling

Which platforms are available in Ohio?

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 Ohio
Platform	Status in Ohio	Source
Kalshi	Offered here, per the platform’s own availability list	Platform’s list
Polymarket (international)	Unavailable here	Platform’s list
DKeX (DraftKings Predictions)	Financial markets only	Platform’s list (archived Sep 16)
Underdog (Underdog Predict)	Offered here, per the platform’s own availability list	Platform’s list
Novig	Offered here, per the platform’s own availability list	Platform’s list

Sports betting & gambling in Ohio

Legal — Online & Retail

Legalized 2021; retail and online launched January 1, 2023 The market is regulated by the Ohio Casino Control Commission. 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.