Availability · New Mexico
Are prediction markets legal in New Mexico?
Contested. New Mexico’s Attorney General sued Kalshi in June 2026 over its sports contracts, and the CFTC sued New Mexico in turn; neither case has a ruling. The state agreed not to pursue Polymarket US or Novig while their own federal suits are stayed. New Mexico says lawful gaming runs only under tribal compacts or state licences.
Of the 56 platforms we review, 12 are open in New Mexico, 5 with restrictions and 26 not at all; for 13 the terms do not say. Sports betting in New Mexico: no state sports-betting law; offered only by tribes under the 2015 tribal-state gaming compacts (gcb.nm.gov).
Not legal advice. Eligibility usually follows where you are when you trade, and a platform can refuse an individual account. Checked 4 October 2026.
What New Mexico has done 10
lawsuit (platform v. state)Underdog Predictions
Underdog Exchange DCM, Inc. and UDM, LLC d/b/a Underdog Predict (federal suit v. AG Torrez et al., D.N.M. 1:26-cv-02935). Underdog sued the Attorney General and Gaming Control Board officials for declaratory and injunctive relief.
lawsuit (platform v. state)Novig
Ludlow Exchange, LLC d/b/a Novig (federal suit v. AG Torrez et al., D.N.M. 1:26-cv-02576). Novig sued, saying it expected an enforcement action like the one against Kalshi. In a joint motion of 25 Aug, the AG agreed not to bring civil or criminal enforcement over Novig’s sports-related event contracts until at least 14 days after the stay ends; the court granted the stay to 13 Aug 2027 on 2 Sep 2026.
lawsuit (platform v. state)Polymarket US
QCX LLC d/b/a Polymarket US (federal suit v. AG Torrez et al., D.N.M. 1:26-cv-02100). Polymarket US sued the Attorney General and Gaming Control Board officials. In a joint motion of 24 Jul, the AG agreed not to bring civil or criminal enforcement over Polymarket US’s sports-related event contracts until at least 14 days after a 12-month stay ends.
lawsuit (federal government v. state)
Commodity Futures Trading Commission and United States (D.N.M. 1:26-cv-01912). The CFTC sued New Mexico for a declaration that federal law gives it exclusive authority over event contracts and an injunction against enforcing state gaming law against its registrants. The Governor and Gaming Control Board members were dismissed by stipulation on 29 Jun 2026.
multistate amicus brief (Sixth Circuit, KalshiEX LLC v. Schuler, No. 26-3196)Kalshi
Attorneys General of Nevada, Utah, 37 other states and D.C. (signatories include New Mexico AG Raúl Torrez). New Mexico AG Raúl Torrez signed the multistate amicus brief backing Ohio’s right to enforce its gambling laws against Kalshi’s sports contracts.
lawsuitKalshi
New Mexico Department of Justice (Attorney General Raúl Torrez). The state sued Kalshi in Santa Fe County district court, alleging its sports event contracts are unlicensed online sports betting offered to 18- to 20-year-olds despite the state’s minimum gaming age of 21, and seeking an injunction. Kalshi removed the case to federal court on 8 Jun 2026.
lawsuit (tribes v. platform)Kalshi
Mescalero Apache Tribe and the Pueblos of Isleta, Pojoaque and Sandia (U.S. District Court, D.N.M.). The tribes allege Kalshi’s sports contracts are class III gaming offered on their lands in breach of federal law and tribal gaming ordinances, which bar third-party mobile sports betting there.
multistate comment to the CFTC (prediction-markets ANPRM, Docket No. 2026-05105)
Attorneys General of Ohio, Nevada, New Jersey, New York, Tennessee, Utah, 34 other states and D.C. (signatories include New Mexico AG Raúl Torrez). New Mexico AG Raúl Torrez signed the states’ comment arguing the CFTC lacks exclusive jurisdiction over sports-related event contracts.
multistate amicus brief (Mass. SJC, Commonwealth v. KalshiEX LLC, SJC-13906)Kalshi
Attorneys General of Nevada, Ohio, 35 other states and D.C. (signatories include New Mexico AG Raúl Torrez). New Mexico AG Raúl Torrez signed the amicus brief supporting Massachusetts in Kalshi’s appeal of the preliminary injunction against its sports contracts.
multistate amicus brief (Ninth Circuit, Nos. 25-7187, 25-7516, 25-7831)Crypto.com Prediction Markets, Kalshi, Robinhood
Attorneys General of Ohio, New Jersey, 37 other states and D.C. (signatories include New Mexico AG Raúl Torrez). New Mexico AG Raúl Torrez signed the multistate amicus brief supporting Nevada regulators against Crypto.com (CDNA), Kalshi and Robinhood, arguing the CEA does not preempt state sports-betting law.
Prediction market apps you can use in New Mexico 10
KalshiEX is a CFTC-designated contract market and its Member Agreement names no US state as restricted. State court orders block some contract categories in Nevada, Washington and Michigan; elsewhere its contracts are available. Kalshi is in litigation with about 20 states, so this can change quickly.
Help centre: “currently available in all U.S. states”, though some event contracts may be unavailable in some states (not named). App Store: “Available in all 50 US states”. New York has separate funding and portfolio articles.
“Novig is available nationwide, except in Arizona, Nevada, and Michigan.” Eligibility is based on physical location at the time of trading, and users must be 21 or older.
FanDuel Predicts is available in all 50 states and DC. Users must be 18+ and verify their identity. It is not available on or near tribal land.
Prediction Trading (and Sports Event Trading) is a CFTC-regulated feature of the Crypto.com App, offered through Crypto.com | Derivatives North America. The help centre says it is available in the US only.
DraftKings' own availability page (updated 2026-07-22) lists 48 states for Predictions, plus DC and US territories. Access depends on physical location and excludes tribal land. Sports markets vary by state; the breakdown is shown only as an image that could not be read. The official availability page and Predictions Terms returned 403.
QCX LLC publishes no list of eligible or excluded states. A Nevada court granted a preliminary injunction against QCX LLC d/b/a Polymarket US on 29 May 2026 (Nevada Gaming Control Board). Missouri's Attorney General has sent a cease-and-desist over sports contracts, and New York has announced a lawsuit; neither state is marked closed because the operator has not said it geoblocks them.
The international polymarket.com site is closed to US residents: no deposits and no trades. The help centre lists the US as blocked and the API docs list it as close-only. US residents are sent to the separate Polymarket US app, run by QCX LLC (a CFTC DCM). Polymarket US state-level eligibility was not verified because its ToS page loads its text client-side.
ProphetX says it is “available nationwide” but publishes no excluded-state list; its help centre says access “is restricted from certain locations and IP addresses”. Connecticut reportedly ordered it to stop offering sports contracts to residents (September 2026); the order could not be read on the regulator’s site.
Only in states where Underdog Predict operates: "Must be 18+ and present in a state where Underdog Predict operates". The operator's state list (help centre) could not be read, so other states are unconfirmed.
Available 12
KalshiEX is a CFTC-designated contract market and its Member Agreement names no US state as restricted. State court orders block some contract categories in Nevada, Washington and Michigan; elsewhere its contracts are available. Kalshi is in litigation with about 20 states, so this can change quickly.
Help centre: “currently available in all U.S. states”, though some event contracts may be unavailable in some states (not named). App Store: “Available in all 50 US states”. New York has separate funding and portfolio articles.
“Novig is available nationwide, except in Arizona, Nevada, and Michigan.” Eligibility is based on physical location at the time of trading, and users must be 21 or older.
FanDuel Predicts is available in all 50 states and DC. Users must be 18+ and verify their identity. It is not available on or near tribal land.
Clients of Interactive Brokers LLC aged 21+ are eligible for event/forecast contracts; ForecastEx contracts on US election results are limited to eligible US residents.
Prediction Trading (and Sports Event Trading) is a CFTC-regulated feature of the Crypto.com App, offered through Crypto.com | Derivatives North America. The help centre says it is available in the US only.
Not on Alpha Arcade’s list of restricted jurisdictions. Absence from the list does not by itself establish that an individual may use the platform.
The Terms and Conditions limit participation to people aged 18 or older who are U.S. Persons. They name no US state as excluded. PredictIt runs under CFTC no-action relief.
Play-money mana trading is open to users 13+ (minors need a guardian). Outside the listed states, US residents aged 18+ can also enter prize drawings.
Not on Delphi’s list of restricted jurisdictions. Absence from the list does not by itself establish that an individual may use the platform.
DraftKings' own availability page (updated 2026-07-22) lists 48 states for Predictions, plus DC and US territories. Access depends on physical location and excludes tribal land. Sports markets vary by state; the breakdown is shown only as an image that could not be read. The official availability page and Predictions Terms returned 403.
Not on Rain’s list of restricted jurisdictions. Absence from the list does not by itself establish that an individual may use the platform.
Available with restrictions 5
QCX LLC publishes no list of eligible or excluded states. A Nevada court granted a preliminary injunction against QCX LLC d/b/a Polymarket US on 29 May 2026 (Nevada Gaming Control Board). Missouri's Attorney General has sent a cease-and-desist over sports contracts, and New York has announced a lawsuit; neither state is marked closed because the operator has not said it geoblocks them.
The international polymarket.com site is closed to US residents: no deposits and no trades. The help centre lists the US as blocked and the API docs list it as close-only. US residents are sent to the separate Polymarket US app, run by QCX LLC (a CFTC DCM). Polymarket US state-level eligibility was not verified because its ToS page loads its text client-side.
ProphetX says it is “available nationwide” but publishes no excluded-state list; its help centre says access “is restricted from certain locations and IP addresses”. Connecticut reportedly ordered it to stop offering sports contracts to residents (September 2026); the order could not be read on the regulator’s site.
Only in states where Underdog Predict operates: "Must be 18+ and present in a state where Underdog Predict operates". The operator's state list (help centre) could not be read, so other states are unconfirmed.
Listed in the Terms (updated 24 Jan 2025) among countries whose residents may not use Real-Money Services. Play-money (Ooms) markets stay open, and the app tells users from Restricted Jurisdictions they can still bet play money.
Not available 26
United States named in the Restricted Jurisdictions list; trading not permitted. Terms of Use (no date shown), Restricted Jurisdictions clause.
USA named as a restricted jurisdiction; trading not permitted, content features only. Terms of Service last updated November 18, 2025.
Listed as a restricted jurisdiction in Pascal’s terms.
Contracts and services are not offered to US Persons. Terms of Use (no date shown).
United States of America is a Prohibited Territory; trading in Supported Contracts not permitted. Terms of Use updated January 13, 2026, section 2 Prohibited Territories.
Listed as a restricted jurisdiction in MagicMarkets’s terms.
Listed as a restricted jurisdiction in Meridian Predict’s terms.
Platform is not available for trading to users from the USA. Terms of Service last updated September 15, 2026, section 1 Eligibility.
Listed as a restricted jurisdiction in SX Bet’s terms.
Listed as a restricted jurisdiction in PRED’s terms.
Listed as a restricted jurisdiction in Overtime’s terms.
Listed as a restricted jurisdiction in Ratio’s terms.
Listed as a restricted jurisdiction in PredictEX’s terms.
Listed as a restricted jurisdiction in Hermes Trade’s terms.
Terms (updated 15 Jun 2026) s.1.6 treats US residents, US-located persons and US entities as Restricted Persons barred from the whole interface, including HIP-4 outcome markets.
Listed as a restricted jurisdiction in Prophet Prediction Market’s terms.
Listed as a restricted jurisdiction in Azuro’s terms.
Listed as a restricted jurisdiction in Levr Bet’s terms.
Terms of Service (no date shown) state the Services are not available to US Persons, including those accessing from US territory.
United States named as a Restricted Jurisdiction; Restricted Persons must not use the Services. Terms & Conditions last updated September 25, 2025 (embedded at xmarket.app/terms), section 3.2.
Listed as a restricted jurisdiction in GameClub’s terms.
Listed as a restricted jurisdiction in CRSHMARKET’s terms.
United States is named on Probable's Restricted Jurisdictions page (no date shown); access and use prohibited for residents, citizens or persons located there.
Listed as a restricted jurisdiction in Divvy.Bet’s terms.
Not in Onyx's Predictions availability list. Many of these states do get the free-to-play/sweepstakes product, which this record does not cover.
Listed as a restricted jurisdiction in World’s terms.
Not verified 13
Prediction markets in New Mexico: common questions
- Are prediction markets legal in New Mexico?
Contested. New Mexico’s Attorney General sued Kalshi in June 2026 over its sports contracts, and the CFTC sued New Mexico in turn; neither case has a ruling. The state agreed not to pursue Polymarket US or Novig while their own federal suits are stayed. New Mexico says lawful gaming runs only under tribal compacts or state licences.
- Can I use Kalshi in New Mexico?
Yes — our records show Kalshi open in New Mexico. KalshiEX is a CFTC-designated contract market and its Member Agreement names no US state as restricted. State court orders block some contract categories in Nevada, Washington and Michigan; elsewhere its contracts are available. Kalshi is in litigation with about 20 states, so this can change quickly.
- Can I use Polymarket US in New Mexico?
Partly. Polymarket US is open in New Mexico with restrictions. QCX LLC publishes no list of eligible or excluded states. A Nevada court granted a preliminary injunction against QCX LLC d/b/a Polymarket US on 29 May 2026 (Nevada Gaming Control Board).
Missouri's Attorney General has sent a cease-and-desist over sports contracts, and New York has announced a lawsuit; neither state is marked closed because the operator has not said it geoblocks them.
- Can I use OG in New Mexico?
Yes — our records show OG open in New Mexico. Help centre: “currently available in all U.S. states”, though some event contracts may be unavailable in some states (not named). App Store: “Available in all 50 US states”. New York has separate funding and portfolio articles.
- Can I use Polymarket in New Mexico?
Partly. Polymarket is open in New Mexico with restrictions. The international polymarket.com site is closed to US residents: no deposits and no trades. The help centre lists the US as blocked and the API docs list it as close-only. US residents are sent to the separate Polymarket US app, run by QCX LLC (a CFTC DCM). Polymarket US state-level eligibility was not verified because its ToS page loads its text client-side.
- Can I use Novig in New Mexico?
Yes — our records show Novig open in New Mexico. “Novig is available nationwide, except in Arizona, Nevada, and Michigan.” Eligibility is based on physical location at the time of trading, and users must be 21 or older.