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Is Polymarket legal in Montana?

Status as of September 25, 2026 · every line has its source and date · not legal advice

Status at a glance

Kalshi is reported live in Montana, including sports: under a 2026-09-17 court stipulation Montana agreed not to enforce until Kalshi's Ninth Circuit en banc petition in the Nevada case is resolved, and to give 30 days' notice before any enforcement. Polymarket US is reported live (news-level evidence only).

What has happened in Montana

Good to know

• Montana's pause lasts until the later of a denial of Kalshi's request for further review or an en banc decision in the Ninth Circuit Nevada case; after that, the AG, GCD Administrator or GCD must give Kalshi 30 days' written notice before starting enforcement. Joint Stipulation of Dismissal, KalshiEX LLC v. Knudsen (D. Mont.), Doc. 35
• According to the stipulation, Kalshi petitioned on Sept. 9, 2026 for rehearing en banc of the Ninth Circuit's Aug. 28, 2026 Nevada ruling, which is why Montana's pause is tied to that case. Joint Stipulation of Dismissal, KalshiEX LLC v. Knudsen (D. Mont.), Doc. 35
• InGame reported the judge found that Kalshi's repeated agreement to pause the case for months undercut its claim of irreparable harm. Montana Federal Court Judge Denies Kalshi's Motion For Preliminary Injunction (InGame) (news)
• No Montana cease-and-desist or lawsuit involving Polymarket, no tribal lawsuit, and no Montana legislation on prediction markets was found as of 2026-09-25 (searched news on Montana with Kalshi/Polymarket and CourtListener federal dockets; the Montana Legislature site was not checked). CourtListener federal docket search (only Montana prediction-market docket found: KalshiEX LLC v. Knudsen)

State regulator: Montana Department of Justice, Gambling Control Division (GCD). The GCD issued both cease-and-desist orders to Kalshi; per Kalshi's complaint, the GCD regulates all gambling except sports betting, the Montana Lottery and horse racing, while Sports Bet Montana is overseen by the Montana Lottery and Sports Wagering Commission. The GCD website (dojmt.gov) returned HTTP 403, so the URL is the GCD's April 6, 2026 letter as filed in court.

The federal picture

Polymarket US operates as a CFTC-designated contract market after Polymarket bought the CFTC-licensed exchange QCEX; Kalshi has been a designated contract market since 2020. Whether states may still apply their gambling laws to sports event contracts is being decided in the courts:

• 2026-09-25 Pending appellate decisions that could change several states' status: Sixth Circuit (Kalshi v. Ohio, No. 26-3196, and Kalshi v. Tennessee, No. 26-5235; argued 2026-07-30), Fourth Circuit (Kalshi v. Maryland, No. 25-1892; argued 2026-05-07), Second Circuit (Kalshi's New York and Connecticut appeals, Nos. 26-1835 and 26-2239, heard in tandem), Seventh Circuit (CFTC and Kalshi appeals from the Wisconsin injunction denial, No. 26-2636 et al.), Tenth Circuit (Kalshi v. Utah, No. 26-4100). No decision in any of these appeared in the court records checked for this file (CourtListener; indexes can lag PACER by a few days). CourtListener dockets cited in the Ohio, Tennessee, Maryland, New York, Connecticut, Wisconsin and Utah entries
• 2026-09-16 Ninth Circuit (Blue Lake Rancheria v. Kalshi, Inc., No. 25-7504; Murguia, McKeown, Paez; opinion by Judge McKeown) affirmed in part and reversed in part the denial of two California tribes' preliminary-injunction motion, holding the tribes likely to succeed in showing Kalshi's sports event contracts entered from tribal lands are class III gaming offered in violation of IGRA and their gaming procedures; the case was remanded for the remaining injunction factors, so no injunction had issued as of the last docket entry checked. Blue Lake Rancheria v. Kalshi, Inc., No. 25-7504 (9th Cir. Sept. 16, 2026) - published opinion (PDF)
• 2026-09-09 Kalshi petitioned for panel rehearing and rehearing en banc of the Ninth Circuit's 2026-08-28 Nevada decision (KalshiEX, LLC v. Assad, No. 25-7516); Montana's 2026-09-17 enforcement pause is tied to the outcome of that request. KalshiEX, LLC v. Assad, No. 25-7516 (9th Cir.) docket, entry 206 (CourtListener); Joint Stipulation of Dismissal, KalshiEX LLC v. Knudsen (D. Mont.), Doc. 35
• 2026-09-02 New Jersey petitioned the US Supreme Court for certiorari in Flaherty v. KalshiEX, LLC (No. 26-299, docketed 2026-09-08); Kalshi's response deadline was extended to 2026-11-09; an amicus brief was filed 2026-09-22 by the National Council of Legislators from Gaming States. Supreme Court docket No. 26-299
• 2026-08-28 Ninth Circuit (KalshiEX, LLC v. Assad, No. 25-7516; opinion by Judge R. Nelson, with Judges Bade and Lee; Lee concurring) affirmed in part the District of Nevada's order dissolving Kalshi's preliminary injunction, holding the CEA likely does not preempt Nevada gaming law as applied to Kalshi's sports event contracts (which it described as sports bets, not 'swaps'), and remanded for the district court to consider Nevada's challenges to Kalshi's election contracts. Nevada's regulator described the ruling as a 3-0 decision also covering Crypto.com and Robinhood. KalshiEX, LLC v. Assad, No. 25-7516 (9th Cir. Aug. 28, 2026) - published opinion (PDF)

How sure is this page? Confidence: medium. Kalshi's Montana status and all key events are confirmed by court records and two outlets from the last week, but Polymarket US's Montana status could not be resolved. Researched September 25, 2026; court cases in several states can change the status at any time.

Related: all states · Polymarket US · polymarket.com and the United States · is Kalshi legal in Montana? (Kalshi View)

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Frequently asked questions

Is Polymarket legal in Montana?

As of September 25, 2026: polymarket.com does not let US users open new positions, including in Montana. Polymarket US, the CFTC-regulated app, is reported available in Montana according to CBS Sports (September 24, 2026). 7 involving Kalshi are listed below with their sources. This is a dated summary of public sources, not legal advice.

Can I use polymarket.com from Montana?

Not for new trades. Polymarket's help center lists the United States as a blocked country and its developer documentation lists it as close-only (existing positions can be closed, new ones cannot be opened); US residents are pointed to Polymarket US.

Is Kalshi available in Montana?

Available; sports contracts available, according to the sources on this page as of September 25, 2026.

Polymarket View is independent and not affiliated with Polymarket or Kalshi. This page summarises public sources; it is not legal advice. Polymarket odds today