Is Polymarket Legal in New Mexico? Polymarket US Status (September 2026)

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

Status at a glance

Kalshi and Polymarket US are reported live in New Mexico, including sports, but both are in litigation with the State. The Attorney General sued Kalshi in state court on 2026-06-04 (the case is now in federal court, where the State's motion to remand is pending); the CFTC sued New Mexico on 2026-06-12 (its preliminary-injunction motion and the State's motion to dismiss are fully briefed); and four tribes' federal suit against Kalshi had a preliminary-injunction hearing on 2026-09-23. Polymarket US's own suit is stayed for 12 months under a stipulation in which the Attorney General agreed not to bring enforcement over its sports contracts until at least 14 days after the stay ends. No court order restricting either platform was found. The Attorney General has also joined six multistate amicus briefs in Kalshi cases and the 41-attorney-general comment letter to the CFTC.

What has happened in New Mexico

Service	New Mexico
Polymarket US (CFTC-regulated app)	Reported available
polymarket.com (international site)	No new trades for US users
Kalshi (for comparison)	Available; sports contracts available

Date	Company	Event and source
2026-09-23	Kalshi	Judge Margaret I. Strickland held a combined hearing on Kalshi's motion to dismiss the tribes' suit and the tribes' motion for a preliminary injunction; no ruling had been entered in the records checked. Mescalero Apache Tribe v. Kalshi, Inc., No. 1:26-cv-01517 (D.N.M.), Clerk's Minutes of the 2026-09-23 motions hearing (Doc. 59)
2026-08-14	Polymarket	Judge David H. Urias granted the joint motion to stay Polymarket US's case. QCX LLC v. Torrez, No. 1:26-cv-02100 (D.N.M.), docket (CourtListener)
2026-08-10	Kalshi	Briefing was completed on the CFTC's preliminary-injunction motion (filed 2026-06-18) and on the State's motion to dismiss (filed 2026-07-16); only the State and the Attorney General remain as defendants after a 2026-06-29 stipulated dismissal of the Governor and the Board members, and no ruling appears in the entries through 2026-08-31. United States v. State of New Mexico, No. 1:26-cv-01912 (D.N.M.), docket (CourtListener)
2026-07-24	Polymarket	In a joint stipulation, the Attorney General agreed not to initiate, pursue or maintain any civil or criminal enforcement action against Polymarket US based on its listing of sports-related event contracts until at least 14 days after a 12-month stay ends; the Gaming Control Board officials, whom Polymarket agreed to dismiss, said they would not act independently of the Attorney General during the stay. QCX LLC d/b/a Polymarket US v. Torrez, No. 1:26-cv-02100 (D.N.M.), Joint Motion to Stay Proceedings (Doc. 30)
2026-06-30	Polymarket	QCX LLC d/b/a Polymarket US sued Attorney General Torrez and the Gaming Control Board's acting executive director and members in federal court (No. 1:26-cv-02100), seeking a declaration that the Commodity Exchange Act preempts New Mexico's gambling laws as applied to its event contracts and an injunction. QCX LLC d/b/a Polymarket US v. Torrez, No. 1:26-cv-02100 (D.N.M.), Complaint (Doc. 1)
2026-06-29	Polymarket	According to Polymarket US's complaint, New Mexico's Department of Justice on 2026-06-29 rejected Polymarket's requests (made 2026-06-08 and 2026-06-22) to defer any enforcement until the Kalshi case or the CFTC's injunction motion was resolved. QCX LLC d/b/a Polymarket US v. Torrez, No. 1:26-cv-02100 (D.N.M.), Complaint (Doc. 1)
2026-06-12	Kalshi	The CFTC and the United States sued the State of New Mexico, the Governor, the Attorney General and Gaming Control Board members in federal court (No. 1:26-cv-01912), seeking a declaration of exclusive federal jurisdiction over event contracts and an injunction against state enforcement. CFTC Sues New Mexico as the State Becomes the Latest Attempting to Infringe on Federal Jurisdiction (Release 9251-26)
2026-06-11	Kalshi	New Mexico's Attorney General joined a multistate amicus brief, led by Nevada and Utah, supporting Ohio in Kalshi's Sixth Circuit appeal from the denial of a preliminary injunction (KalshiEX LLC v. Schuler, No. 26-3196). This was an amicus brief, not an enforcement action. Brief of Amici Curiae Nevada, Utah, 37 Other States, and the District of Columbia Supporting Defendants-Appellees, KalshiEX LLC v. Schuler, No. 26-3196 (6th Cir.), Doc. 57
2026-06-08	Kalshi	The State's case was removed to federal court (D.N.M. No. 6:26-cv-01857). The State moved to remand on 2026-07-08 and briefing was complete on 2026-08-18; no ruling appears in the entries through 2026-09-08, and Kalshi's deadline to answer is 21 days after the remand ruling. State of New Mexico v. Kalshi, Inc., No. 6:26-cv-01857 (D.N.M.), docket (CourtListener)
2026-06-04	Kalshi	Attorney General Raúl Torrez sued Kalshi, Inc. and KalshiEX LLC in the First Judicial District Court, Santa Fe County (No. D-101-CV-2026-01567), alleging that by offering unlicensed online sports betting, including to underage players, Kalshi violates New Mexico's Criminal Code and Gaming Control Act, and seeking to stop it from offering sports-related event contracts in the state (as quoted in the CFTC's complaint). United States v. State of New Mexico, No. 1:26-cv-01912 (D.N.M.), Complaint for Injunctive and Declaratory Relief (Doc. 1)
2026-05-26	Kalshi	New Mexico's Attorney General joined a multistate amicus brief, led by Nevada and Utah, supporting Tennessee's officials in their Sixth Circuit appeal from a preliminary injunction that bars Tennessee from enforcing its sports-wagering laws against Kalshi (KalshiEX LLC v. Orgel, No. 26-5235). This was an amicus brief, not an enforcement action. Brief of Amici Curiae Nevada, Utah, 39 Other States, the District of Columbia, and the Commonwealth of the Northern Mariana Islands Supporting Appellants, KalshiEX LLC v. Orgel, No. 26-5235 (6th Cir.), Doc. 42
2026-05-12	Kalshi	Four tribes, the Mescalero Apache Tribe and the Pueblos of Isleta, Pojoaque and Sandia, sued Kalshi, Inc. and KalshiEX LLC in federal court under the Indian Gaming Regulatory Act (25 U.S.C. § 2710(d)(1) and (d)(7)(A)), seeking an injunction and civil penalties for gaming on Indian lands in violation of their tribal-state compacts (No. 1:26-cv-01517). This is a tribal suit, not a state action. Mescalero Apache Tribe v. Kalshi, Inc., No. 1:26-cv-01517 (D.N.M.), Complaint and civil cover sheet (Doc. 1, 1-1)
2026-04-30	Kalshi	New Mexico's Attorney General signed the comment letter of 41 attorneys general (lead signers Ohio, Nevada, New Jersey, New York, Tennessee and Utah) urging the CFTC to confirm it lacks jurisdiction over sports-related event contracts; the letter cites Kalshi's sports markets as an example. This was a comment letter, not an enforcement action. Comment letter of Ohio, Nevada, New Jersey, New York, Tennessee, Utah, 34 other States and the District of Columbia to the CFTC on prediction markets, Docket No. 2026-05105 (PDF via the New Jersey Attorney General)
2026-04-24	Kalshi	New Mexico's Attorney General joined a multistate amicus brief, led by Nevada and Ohio, supporting Massachusetts in Kalshi's appeal to the Massachusetts Supreme Judicial Court from the state-court injunction against its sports event contracts (Commonwealth v. KalshiEX LLC, No. SJC-13906). This was an amicus brief, not an enforcement action. Brief of Amici Curiae of Nevada, Ohio, 35 Other States, and the District of Columbia Supporting Appellee, Commonwealth v. KalshiEX LLC, No. SJC-13906 (Mass.) (PDF hosted by the New York Attorney General)
2026-01-30	Kalshi	New Mexico's Attorney General joined a multistate amicus brief, led by New Jersey and Ohio, supporting Nevada's gaming regulators in Kalshi's Ninth Circuit appeal after the district court dissolved Kalshi's preliminary injunction (KalshiEX LLC v. Hendrick, No. 25-7516). This was an amicus brief, not an enforcement action. Brief of Amici Curiae of New Jersey, Ohio, 37 Other States, and the District of Columbia Supporting Appellees, KalshiEX LLC v. Hendrick, No. 25-7516 (9th Cir.), DktEntry 48.1 (PDF hosted by the New Jersey Attorney General)
2026-01-16	Kalshi	New Mexico's Attorney General joined a multistate amicus brief, led by Massachusetts and California, supporting three California tribes' Ninth Circuit appeal seeking to stop Kalshi's sports event contracts on their lands under the Indian Gaming Regulatory Act (Blue Lake Rancheria v. Kalshi, Inc., No. 25-7504). This was an amicus brief, not an enforcement action. Brief of Massachusetts, California, 25 Other States, and the District of Columbia as Amici Curiae in Support of Appellants and Reversal, Blue Lake Rancheria v. Kalshi, Inc., No. 25-7504 (9th Cir.), DktEntry 38.1 (PDF hosted by the Nebraska Attorney General)
2025-12-22	Kalshi	New Mexico's Attorney General joined a multistate amicus brief, led by Nevada and Ohio, supporting Maryland's regulators in Kalshi's Fourth Circuit appeal from the denial of a preliminary injunction (KalshiEX LLC v. Martin, No. 25-1892). This was an amicus brief, not an enforcement action. Brief of Amici Curiae of Nevada, Ohio, 36 Other States, and the District of Columbia Supporting Appellees, KalshiEX LLC v. Martin, No. 25-1892 (4th Cir.), Doc. 41

Good to know

State regulator: New Mexico Gaming Control Board. New Mexico's gaming regulator. Its members were named in the CFTC's suit (dismissed by stipulation on 2026-06-29) and in Polymarket US's suit (Polymarket agreed to dismiss them in the 2026-07-24 stipulation); the Attorney General leads the State's litigation. The Board's homepage (checked 2026-09-25) shows no statement on prediction markets.

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:

How sure is this page? Confidence: high. Court records (dockets, complaints and Polymarket's stipulation with the Attorney General) confirm each action and show no order restricting either platform, and a 2026-09-24 roundup reports both live; several pending rulings could change this. Researched September 25, 2026; court cases in several states can change the status at any time.

Other states

Frequently asked questions

Is Polymarket legal in New Mexico?

As of September 25, 2026: polymarket.com does not let US users open new positions, including in New Mexico. Polymarket US, the CFTC-regulated app, is reported available in New Mexico according to QCX LLC d/b/a Polymarket US v. Torrez, No. 1 (July 24, 2026). 4 state actions involving Polymarket and 13 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 New Mexico?

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 New Mexico?

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