Are Prediction Markets Legal in North Carolina?
Last verified: 2026-07-15
Currently available — North Carolina has taken no action
No state agency or attorney general in North Carolina has taken public action against a prediction-market platform as of the last-verified date. Traders in North Carolina can generally access Kalshi and Polymarket today, though this is a fast-moving area and worth rechecking periodically.
This is not legal advice. Prediction-market legality is contested and changes quickly. This page reflects publicly reported facts as of the last-verified date above and links to a primary or trade-press source below. Consult a licensed attorney in North Carolina and check each platform's own current state-availability page before trading.
What This Means for Kalshi vs. Polymarket in North Carolina
North Carolina has a pending bill or study, but no enacted restriction, so both Kalshi and Polymarket currently operate the same way here: normal signup, normal funding, no state-specific block on either platform's contracts. Kalshi and Polymarket US are both CFTC-regulated exchanges, and neither has a legal advantage over the other in this dispute — state actions in this category name multiple platforms at once, not one company exclusively.
The Full Picture in North Carolina
Gov. Josh Stein signed SB 257 (July 7, 2026) as part of the state budget, explicitly recognizing the CFTC’s "exclusive federal regulatory authority" over CFTC-licensed prediction markets. The law imposes a 6% tax on operators’ net trading-fee revenue from NC residents starting Jan. 1, 2027, but creates no separate licensing requirement — one of the only states to legislatively side with the federal preemption position rather than fight it.
Why Is This Even Contested? The Federal-vs-State Fight
Prediction markets sit at the intersection of two legal regimes that currently disagree. Kalshi and Polymarket US register their contracts with the CFTC as swaps or event contracts on a federally designated exchange, and argue that federal law preempts conflicting state gambling law. State gaming regulators counter that sports-related contracts — betting on who wins a game, a point spread, or a player prop — are functionally sports betting, which most states require a separate license to offer. Federal appellate courts are currently split: the Third Circuit ruled for Kalshi on preemption grounds (April 6, 2026), while a federal judge in the Southern District of New York ruled against Kalshi on the same underlying question (July 8, 2026). This is genuinely unresolved law, not a settled "CFTC means legal everywhere" fact — treat any claim that federal registration alone guarantees legality in every state with skepticism.
The dispute or restriction covers prediction markets broadly, not just sports contracts.
North Carolina-Specific Timeline
Entries from our full regulatory timeline that specifically reference North Carolina.
North Carolina legislatively sides with federal preemption
Gov. Josh Stein signs SB 257, recognizing the CFTC’s exclusive authority over CFTC-licensed prediction markets and imposing a 6% fee tax (not a licensing regime) starting Jan. 1, 2027 — a notably different approach from the roughly dozen states suing to restrict the same platforms.
Source: PYMNTS — North Carolina makes prediction markets legalFrequently Asked Questions
Is Kalshi legal in North Carolina?
Is Polymarket legal in North Carolina?
Has North Carolina taken any action against prediction markets?
Where can I check the latest prediction market status for North Carolina?
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