Has New Mexico sued Kalshi or ordered it to stop?

Yes. June 4, 2026: The attorney general sued Kalshi in the First Judicial District Court, Santa Fe County (No. D-101-CV-2026-01567), alleging unlicensed sports betting and seeking an injunction and nuisance abatement.

How old do you have to be to use Kalshi in New Mexico?

18. That is Kalshi's minimum age, and it lists no different rule for New Mexico.

Is sports betting legal in New Mexico?

Retail only. Retail sports betting at tribal casinos under Class III compacts; no statewide mobile betting.

Which court will decide whether New Mexico can regulate Kalshi?

Federal appeals from New Mexico go to the Tenth Circuit, where an appeal on the question is pending. 3 petitions now ask the U.S. Supreme Court to settle the question nationally.

NM · Kalshi · Checked Oct. 21, 2026

Is Kalshi legal in New Mexico?

No restriction found New Mexico: In litigation

The short answer

Kalshi does not publish a list of states where it is unavailable, and we found no court order, regulator action or Kalshi notice that stops it from serving New Mexico as of Oct. 22, 2026.

New Mexico has 4 public actions on record that name Kalshi. The latest (Oct. 7, 2026): New Mexico's attorney general signed an Ohio-led amicus brief, joined by 38 other states and DC, asking the U.S. Supreme Court to grant New Jersey's petition in Flaherty v. KalshiEX (No. 26-299).

Federal appeals from New Mexico go to the Tenth Circuit, where an appeal on the question is pending.

Availability: Kalshi Help Center: Signing Up as an Individual (updated March 10, 2026), checked Oct. 22, 2026. A summary of public actions, not legal advice.

Follow New Mexico

Cite this page

Bluebook

Is Kalshi Legal in New Mexico?, Prediction Market Laws (last updated Oct. 22, 2026), https://predictionmarketlaws.com/platforms/kalshi/new-mexico.

APA

Prediction Market Laws. (2026, October 22). Is Kalshi Legal in New Mexico?. https://predictionmarketlaws.com/platforms/kalshi/new-mexico

What New Mexico has done about Kalshi

Oct. 7, 2026
Other development
New Mexico's attorney general signed an Ohio-led amicus brief, joined by 38 other states and DC, asking the U.S. Supreme Court to grant New Jersey's petition in Flaherty v. KalshiEX (No. 26-299).
Source: Ohio et al. amicus brief, U.S. Supreme Court No. 26-299
June 8, 2026
Other development
Kalshi removed the attorney general's case to federal court (D.N.M. No. 1:26-cv-01857); the state moved to remand.
Source: Underdog v. Torrez complaint (D.N.M.)
June 4, 2026
State lawsuit
The attorney general sued Kalshi in the First Judicial District Court, Santa Fe County (No. D-101-CV-2026-01567), alleging unlicensed sports betting and seeking an injunction and nuisance abatement.
Source: Underdog v. Torrez complaint (D.N.M.)
May 12, 2026
Tribal action
The Mescalero Apache Tribe and the Pojoaque, Sandia and Isleta Pueblos sued Kalshi in federal court in Albuquerque, alleging it enables sports betting on tribal lands in violation of their gaming compacts and the Indian Gaming Regulatory Act.
Source: Source NM

All 9 actions in New Mexico

Court cases

State of New Mexico v. KalshiEX LLCNew Mexico state court (not identified in sources reviewed)Pending
United States v. State of New MexicoU.S. District Court for the District of New Mexico, 1:26-cv-01912Pending
Mescalero Apache Tribe, et al. v. Kalshi, Inc., et al.U.S. District Court for the District of New Mexico, 2:26-cv-01517 (filed as 1:26-cv-01517)Pending

The legal backdrop in New Mexico

State status: In litigationThe state and a prediction market operator are actively in court, and no order blocking the operator is in force.
Online sports betting: Retail onlyRetail sports betting at tribal casinos under Class III compacts; no statewide mobile betting.
Federal appeals court: Tenth CircuitAppeal pending.
Who regulates: New Mexico Gaming Control Board; New Mexico Attorney General (New Mexico Department of Justice)
Laws and bills: None specific to prediction markets

Using Kalshi in New Mexico

Minimum age: 18
Identity checks: Kalshi requires legal name, date of birth and a residential address (no commercial addresses or PO boxes) that match a government ID. It asks for a live in-app photo of a driver's license or passport. It may also ask for proof of address, employment information or source of funds. It may request a Social Security number at any point after signup, which it uses for identity verification and tax reporting; an SSN is not required to deposit. (Help articles updated June 30 and August 25, 2026.) Source
Tax forms: Kalshi says users who meet IRS reporting thresholds get Form 1099-INT (interest), 1099-MISC (credits and rewards), 1099-B (proceeds from crypto transfers) and 1099-DA (digital asset reporting from ZeroHash). The forms appear under Tax Info in the Account tab, and some are emailed through Zenwork. Kalshi gives no dollar thresholds or issue dates. Trading profit-and-loss statements are in the documents tab (help article updated June 22, 2026). SourceWhat the platform says it reports; not tax advice.

Other platforms in New Mexico

KalshiNo restriction found
Polymarket USNo restriction found
Gemini PredictionsNo restriction found
RobinhoodNo restriction found
Crypto.comNo restriction found
CoinbaseNo restriction found
WebullNo restriction found
DraftKings PredictionsOffered
FanDuel PredictsOffered
UnderdogOffered
PrizePicksSports blocked
Fanatics MarketsOffered

Questions people ask

Is Kalshi legal in New Mexico?: Kalshi does not publish a list of states where it is unavailable, and we found no court order, regulator action or Kalshi notice that stops it from serving New Mexico as of Oct. 22, 2026. New Mexico has 4 public actions on record that name Kalshi. The latest (Oct. 7, 2026): New Mexico's attorney general signed an Ohio-led amicus brief, joined by 38 other states and DC, asking the U.S. Supreme Court to grant New Jersey's petition in Flaherty v. KalshiEX (No. 26-299). This summarises public actions; it is not legal advice.
Has New Mexico sued Kalshi or ordered it to stop?: Yes. June 4, 2026: The attorney general sued Kalshi in the First Judicial District Court, Santa Fe County (No. D-101-CV-2026-01567), alleging unlicensed sports betting and seeking an injunction and nuisance abatement.
How old do you have to be to use Kalshi in New Mexico?: 18. That is Kalshi's minimum age, and it lists no different rule for New Mexico.
Is sports betting legal in New Mexico?: Retail only. Retail sports betting at tribal casinos under Class III compacts; no statewide mobile betting.
Which court will decide whether New Mexico can regulate Kalshi?: Federal appeals from New Mexico go to the Tenth Circuit, where an appeal on the question is pending. 3 petitions now ask the U.S. Supreme Court to settle the question nationally.