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Is Polymarket Legal in the US? What Changed in 2026

Juanse BritoJuanse Brito·6 min read·
prediction marketspolymarketregulation
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Yes. Polymarket has been legal for US traders since December 2, 2025.

If you remember it being blocked, you are not misremembering. Polymarket geo-blocked US users for three years following a 2022 CFTC settlement, and a lot of what you will find written about this is from that period.

The thing that trips people up now is that "Polymarket" is two different venues with two different legal statuses. Getting that wrong is the actual risk, not the legality question.

Two Polymarkets

Polymarket US is a CFTC-regulated exchange. Polymarket bought QCEX, a licensed Designated Contract Market and clearinghouse, for $112 million in July 2025. The CFTC granted an Amended Order of Designation that November and US access opened on December 2. It requires full identity verification, runs on dollars, and issues 1099 tax reporting. This is the one you are allowed to use.

Polymarket International is the original wallet-native platform, settling in USDC on Polygon, with no platform-level KYC. It is not available to US persons, and using a VPN to reach it is a violation of its terms rather than a clever workaround. It issues no tax forms.

The US version dropped its waitlist in May 2026, so access no longer queues. Volume moved accordingly: Polymarket US did $5.0B in July 2026, up 54% month over month, while the international platform fell 26% to $7.9B.

The part that is actually contested

Federal legality is settled. What is not settled is whether sports event contracts are financial derivatives or sports bets, and that question is being fought across roughly a dozen states against both Polymarket and Kalshi.

The core dispute is whether these contracts are "swaps" under the Commodity Exchange Act. If they are, and they trade on a licensed exchange, the CFTC has exclusive jurisdiction and state gambling law is preempted. If they are not, states can regulate them like any other wager.

The Third Circuit accepted the swaps argument in April 2026. On August 10, Judge Vernon Oliver in Connecticut rejected it, holding that the contracts are "at bottom" sports wagers and that Congress never intended the CEA to occupy this field. Federal courts are now split, which is the usual road to the Supreme Court.

Most of the litigation names Kalshi as the lead defendant because it moved first and moved harder, but Polymarket is a party to a growing share of it.

Where Polymarket faces restrictions, as of August 14, 2026

StateStatus
NevadaThe Gaming Control Board filed civil enforcement against Polymarket's parent company on January 19, 2026
MichiganPolymarket sued Attorney General Dana Nessel in March after the state moved against prediction markets; its countersuit was denied
MinnesotaPassed the first outright state ban in May, effective August 1. A federal judge stayed it on July 27
WisconsinNamed in the state Department of Justice suit filed April 23 alongside Kalshi, Robinhood, Coinbase and Crypto.com
New MexicoPolymarket sued the Attorney General on July 5; tribal plaintiffs have a separate federal action
KentuckyNamed in the Attorney General's June 17 suit
MarylandBaltimore filed a city consumer protection action against Polymarket and Kalshi on August 13

Elsewhere, sports markets on Polymarket US were available without reported restriction as of mid-August. Non-sports categories have stayed almost entirely clear of the litigation, since nobody has argued that a CPI print or a hurricane landfall resembles sports betting.

Two practical answers.

Your funds are not the exposure here. Polymarket US clears through a CFTC-licensed clearinghouse, and the state cases are about whether particular contract categories may be offered, not about platform solvency. The realistic worst case in a losing state is that sports markets get geofenced away from you, which is what happened to Kalshi users in Nevada in March.

Taxes are a real difference between the two venues. Polymarket US issues 1099 reporting. The international platform issues nothing and leaves you reconstructing USDC-denominated trades yourself, which is a genuinely unpleasant job at volume, and is a second reason the US version is the right default for anyone in the country.

What to check before you fund an account

Confirm you are on Polymarket US rather than the international site. Confirm your state is not one of the restricted set above, and note that the set changed four times in the five weeks before this was published.

None of this is legal or tax advice. The position moves fast enough that you should verify the current status where you live rather than trusting any article, this one included.

Frequently Asked Questions

Can Americans trade on Polymarket?
Yes, on Polymarket US, which has been open to US traders since December 2, 2025 and dropped its waitlist in May 2026. The international platform at polymarket.com remains geo-blocked for US persons. The two are separate venues and only one of them is available to you.
Was Polymarket banned in the US?
It was. Polymarket geo-blocked US users for roughly three years after a 2022 CFTC settlement over operating an unregistered derivatives exchange. That ended when Polymarket acquired QCEX, a CFTC-licensed exchange and clearinghouse, and received an Amended Order of Designation in November 2025.
Can you have a Polymarket account in the USA?
Yes, on the US exchange, and it requires full identity verification: legal name, date of birth, address, SSN and a government ID. That is a federal requirement under CFTC regulation rather than a Polymarket preference. The platform issues 1099 tax reporting on US accounts.
Is it illegal to use a VPN for Polymarket in the US?
Reaching the international platform from the US with a VPN breaches its terms of service, and the geo-block exists to satisfy the 2022 CFTC settlement. There is no reason to attempt it now that a regulated US venue exists, and doing so gives up the 1099 reporting and the CFTC-licensed clearing that the US exchange provides.
Which states restrict Polymarket?
Sports event contracts are the contested category, not the platform as a whole. Nevada, Michigan, Wisconsin, New Mexico, Kentucky and Maryland all have actions naming Polymarket, and Minnesota's outright ban was stayed by a federal judge on July 27, 2026. Economics, weather and politics markets have stayed largely clear of the litigation.

Sources

Juanse Brito
Juanse BritoCEO & Co-Founder at Bet Hero

Juan Sebastian Brito is the CEO and Co-Founder of Bet Hero, a sports betting analytics platform used by thousands of bettors to find +EV opportunities and arbitrage. With a background in software engineering and computer science from FIB (Universitat Politècnica de Catalunya), he built Bet Hero to bring data-driven, mathematically-proven betting strategies to the mainstream. His work focuses on probability theory, real-time odds analysis, and building tools that give bettors a quantifiable edge.

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