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Is Kalshi Banned in Nevada? What the Courts Have Decided

Nevada’s initial Kalshi restraining order was followed by a state injunction, a geofencing agreement and a Ninth Circuit ruling that left sports-contract enforcement in play while election-contract questions returned for further consideration.
From TheFinanceBase Team3 min to read
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Kalshi’s Nevada dispute has moved beyond the state’s initial 14-day temporary restraining order. As of the latest reviewed appellate decision, dated August 28, 2026, Nevada may pursue enforcement against Kalshi’s sports-related event contracts while the litigation continues. The Ninth Circuit sent the election-contract question back for further consideration, and the dispute has not been finally resolved in every respect.

What happened in Nevada

On March 20, 2026, Nevada’s First Judicial District Court issued a temporary restraining order (TRO) barring Kalshi from offering sports, election and entertainment event contracts in the state. The Nevada Gaming Control Board (NGCB) said it considered the covered contracts wagering activity that requires a Nevada gaming license. The Board’s announcement of the TRO describes the order and its position.

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The state-court timeline records a preliminary injunction on April 3, followed by an NGCB motion to hold Kalshi in contempt on June 4. These were state-court developments; they are distinct from the later federal appellate ruling. The NGCB timeline lists the dates and actions.

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Why Nevada challenged Kalshi

Nevada’s regulator argued that the covered event contracts amounted to wagering under state law and could not be offered without a state gaming license. Kalshi argued that its federal designation as a designated contract market brought its contracts under the Commodity Exchange Act and limited state gaming regulation.

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Those are competing legal positions, not a blanket statement that every event contract has been finally classified. In its August 28 decision, the Ninth Circuit concluded that Kalshi had not shown, at the preliminary-relief stage, that federal law was likely to preempt Nevada’s gaming rules as applied to the sports contracts at issue. Read the Ninth Circuit opinion for the court’s reasoning and procedural limits.

What the August 28 appellate ruling means

The Ninth Circuit affirmed in part the dissolution of Kalshi’s earlier federal preliminary injunction. That leaves Nevada able to pursue enforcement against the sports-related contracts at issue while the litigation proceeds. The ruling concerns preliminary relief; it is not a final judgment resolving every claim or contract category.

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The court remanded the election-contract question for further consideration. The appellate decision therefore does not establish a final outcome for election contracts, and the initial state TRO’s coverage should not be confused with the narrower appellate holding about sports contracts.

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Kalshi’s geofencing agreement

On July 24, the NGCB announced an agreement under which Kalshi would implement a third-party, multi-source geofencing solution to stop people in Nevada from entering prohibited contracts. The Board said implementation was due by August 12, 2026, and that a penalty of $120,000 per day would apply if Kalshi missed that deadline. The Board’s July 24 announcement reports the agreement, deadline and penalty.

The announcement does not confirm whether implementation was completed by August 12. NGCB Chairman Mike Dreitzer said in that release, “The Court required Kalshi to stop offering covered event contracts in Nevada, and Kalshi violated that order.” That is the regulator’s characterization, not a separate judicial finding quoted here.

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Can people in Nevada use Kalshi?

The available decisions and NGCB announcements do not establish a single, current answer for every Kalshi product or contract type. Nevada’s enforcement position applies to covered contracts, and the Ninth Circuit’s August 28 ruling concerns sports contracts at the preliminary-relief stage; election-contract issues were remanded, while the July geofencing announcement does not verify that the agreed system was completed.

For the latest practical access status, check Kalshi’s location and contract availability at the time you intend to use the service, and consult subsequent Nevada court orders or NGCB updates. Availability may differ by location and contract type, and the cited August ruling is not a final resolution of the full dispute.

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How to read the case status

  • March 20 state-court TRO: Temporary order covering sports, election and entertainment event contracts in Nevada.
  • April 3 state-court preliminary injunction: A later state-court step recorded in the NGCB timeline.
  • July 24 compliance agreement: Kalshi agreed to implement geofencing by August 12; the Board announced a $120,000-per-day penalty for missing the deadline, but its release does not verify completion.
  • August 28 Ninth Circuit ruling: Nevada may pursue enforcement against the sports-related contracts at issue while litigation continues; election-contract questions were remanded.

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