App · Availability checked Oct. 22, 2026
Is DraftKings Predictions legal?
DraftKings' prediction-market app, separate from its sportsbook. Reported as available in every state and DC except Maine and New Hampshire. DraftKings' June 2026 release says sports event contracts are offered in 18 states. Its availability page, as reproduced by DeFi Rate, splits states into four groups: all markets, financial markets only, sports markets unavailable, and no markets. By its own list, it offers contracts in 49 of 51 jurisdictions and not in Maine, New Hampshire; sports contracts are unavailable in Arizona, Arkansas, Colorado, Connecticut, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Mississippi, Missouri, Montana, Nevada, New Jersey, New York, North Carolina, Ohio, Oregon, Pennsylvania, Tennessee, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming.
Cite this page
Bluebook
Is DraftKings Predictions Legal? States, Lawsuits and Regulation, Prediction Market Laws (last updated Oct. 22, 2026), https://predictionmarketlaws.com/platforms/draftkings-predictions.
APA
Prediction Market Laws. (2026, October 22). Is DraftKings Predictions Legal? States, Lawsuits and Regulation. https://predictionmarketlaws.com/platforms/draftkings-predictions
Where DraftKings Predictions says it operates
- Offered 19
- Sports blocked 30
- Not offered 2
Source: DeFi Rate: Prediction markets by state (availability verified Oct 10, 2026; based on each app's own terms), checked Oct. 22, 2026.
State enforcement naming DraftKings Predictions
We found no cease-and-desist letter, state lawsuit, court order or settlement naming DraftKings Predictions.
Lawsuits naming DraftKings Predictions
Tribe v. operator 1
Private civil suit 1
DraftKings Predictions, state by state
| State | DraftKings Predictions | State status | Actions naming DraftKings Predictions |
|---|---|---|---|
| Alabama | Offered | No public action found | None |
| Alaska | Offered | No public action found | None |
| Arizona | Sports blocked | In litigation | None |
| Arkansas | Sports blocked | No public action found | None |
| California | OfferedOne of the 18 states plus DC where DeFi Rate lists all markets, sports included, as available. The others are AK, AL, DE, FL, GA, HI, ID, MN, ND, NE, NM, OK, RI, SC, SD, TX and UT. | No public action found | None |
| Colorado | Sports blocked | No public action found | None |
| Connecticut | Sports blocked | In litigation | None |
| Delaware | Offered | No public action found | None |
| District of Columbia | Offered | No public action found | None |
| Florida | Offered | No public action found | 1 |
| Georgia | Offered | No public action found | None |
| Hawaii | Offered | No public action found | None |
| Idaho | Offered | No public action found | None |
| Illinois | Sports blocked | In litigation | None |
| Indiana | Sports blocked | No public action found | None |
| Iowa | Sports blocked | In litigation | None |
| Kansas | Sports blocked | No public action found | None |
| Kentucky | Sports blocked | In litigation | None |
| Louisiana | Sports blocked | No public action found | None |
| Maine | Not offeredNo DraftKings Predictions markets are available. New Hampshire is the same. | No public action found | None |
| Maryland | Sports blocked | In litigation | None |
| Massachusetts | Sports blocked | In litigation | None |
| Michigan | Sports blocked | Court order in force | None |
| Minnesota | Offered | In litigation | None |
| Mississippi | Sports blocked | No public action found | None |
| Missouri | Sports blocked | In litigation | None |
| Montana | Sports blocked | Enforcement, no lawsuit | None |
| Nebraska | Offered | No public action found | None |
| Nevada | Sports blockedDeFi Rate, checking DraftKings' availability page on 2026-09-09, lists Nevada as 'Financial markets only'. Legal Sports Report's comparison page (updated 2026-10-14) instead calls Nevada an exception. The two conflict, and DraftKings' own page could not be opened. Legal Sports Report says Nevada is excluded from DraftKings Predictions. | Court order in force | None |
| New Hampshire | Not offered | No public action found | None |
| New Jersey | Sports blocked | In litigation | None |
| New Mexico | Offered | In litigation | None |
| New York | Sports blockedListed with CO, IL, IN, KS, KY, MA, MD, MO, MS, NC, NJ, OR, VA, VT, WI, WV, WY and Puerto Rico as 'Sports markets unavailable'. The page does not say which other categories are offered there. | In litigation | None |
| North Carolina | Sports blocked | Law enacted | None |
| North Dakota | Offered | No public action found | None |
| Ohio | Sports blocked | In litigation | None |
| Oklahoma | Offered | No public action found | None |
| Oregon | Sports blocked | No public action found | None |
| Pennsylvania | Sports blocked | No public action found | None |
| Rhode Island | Offered | In litigation | None |
| South Carolina | Offered | No public action found | None |
| South Dakota | Offered | No public action found | None |
| Tennessee | Sports blocked | In litigation | None |
| Texas | Offered | No public action found | None |
| Utah | Offered | In litigation | None |
| Vermont | Sports blocked | No public action found | None |
| Virginia | Sports blocked | No public action found | None |
| Washington | Sports blocked | Court order in force | None |
| West Virginia | Sports blocked | No public action found | None |
| Wisconsin | Sports blocked | In litigation | None |
| Wyoming | Sports blocked | No public action found | None |
Questions people ask
- Is DraftKings Predictions legal?
- GUS III LLC d/b/a DraftKings Predictions describes itself as a CFTC-registered introducing broker and NFA member, and DraftKings' 10-K says the same. DKeX uses the CFTC license from Railbird Exchange, LLC, which the CFTC lists as a designated contract market (designated 2025-06-13). Some disclaimers reproduced by Legal Sports Report and DeFi Rate instead call DraftKings Predictions a 'Futures Commission Merchant'. This conflict is unresolved. Reported as available in every state and DC except Maine and New Hampshire. DraftKings' June 2026 release says sports event contracts are offered in 18 states. Its availability page, as reproduced by DeFi Rate, splits states into four groups: all markets, financial markets only, sports markets unavailable, and no markets. By its own list, it offers contracts in 49 of 51 jurisdictions and not in Maine, New Hampshire; sports contracts are unavailable in Arizona, Arkansas, Colorado, Connecticut, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Mississippi, Missouri, Montana, Nevada, New Jersey, New York, North Carolina, Ohio, Oregon, Pennsylvania, Tennessee, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming. Several states argue its sports contracts are illegal gambling, and federal appeals courts have split on whether federal law overrides them.
- In which states is DraftKings Predictions not available?
- Not offered: Maine, New Hampshire. Sports contracts unavailable: Arizona, Arkansas, Colorado, Connecticut, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Mississippi, Missouri, Montana, Nevada, New Jersey, New York, North Carolina, Ohio, Oregon, Pennsylvania, Tennessee, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming. Source: DeFi Rate: Prediction markets by state (availability verified Oct 10, 2026; based on each app's own terms), checked Oct. 22, 2026.
- How old do you have to be to use DraftKings Predictions?
- DraftKings Predictions requires users to be at least 18.
- Is DraftKings Predictions being sued?
- 2 cases we track name DraftKings Predictions, including Seminole Tribe v. DraftKings (Florida prediction markets and Pick6); Hughes v. DraftKings, Polymarket and others (South Carolina).
Sources
- App Store: DraftKings Predictions listing (seller DraftKings LLC)
- DraftKings Inc. Form 10-K for FY2025 (SEC)
- DraftKings release via Business Wire: DraftKings Launches Proprietary Exchange (DKeX), June 2026
- DraftKings release via GlobeNewswire: DraftKings Debuts Predictions App (2025-12-19)
- DeFi Rate: Prediction markets by state
- DeFi Rate: DraftKings Predictions page (updated Oct 10, 2026)
- DeFi Rate: DraftKings announces DKeX launch (2026-06-26)
- SBC Americas: DraftKings launches in-house exchange DKeX (2026-06-26)
- Legal Sports Report: DraftKings Predictions vs. FanDuel Predicts (updated 2026-10-14)
- Legal Sports Report: DraftKings Predictions live in 38 states (2025-12-19)
- CFTC: Designated Contract Markets list (Railbird Exchange, LLC)
What we couldn't confirm: DraftKings' own availability and help pages (predictions.draftkings.com/how-to-trade-predict and help.draftkings.com) could not be opened in this session because the fetch permission was not granted. The state groupings come from DeFi Rate, which says it checked them against DraftKings' availability page on 2026-09-09. Nevada is in conflict: DeFi Rate lists it as financial-markets-only, while Legal Sports Report says it is excluded. Which states have the 21+ minimum age DeFi Rate mentions ('21+ in some states') was not found. 18 is DeFi Rate's figure, and the App Store's 18+ is a content rating, not an eligibility rule. No DraftKings statement on tax forms (e.g. 1099-B) for Predictions was found. Not confirmed whether any markets still come from CME Group or Crypto.com after the June 2026 move to DKeX, or which clearinghouse clears DKeX trades (Bitnomial was reported in May 2026 but not checked today). Introducing broker versus FCM: DraftKings' App Store listing and 10-K say introducing broker, while some reproduced disclaimers say FCM. Whether GUS III's FCM application has been approved was not verified. The legal-entity suffix differs: the December 2025 launch release says 'GUS III Inc.', while later DraftKings sources say 'GUS III LLC'. No DraftKings statement was found that says, in its own words, that sports contracts are withheld because DraftKings holds a sportsbook licence in a state. Press describes sports coverage as concentrated where DraftKings Sportsbook isn't offered, and Legal Sports Report described the December 2025 launch as bringing sports contracts to key states without legal sports betting.