CFTC and DOJ Sue Minnesota Over Nation's First Explicit Prediction Market Ban
The federal government moved to block a new Minnesota law on May 20, 2026, one day after Democratic Governor Tim Walz signed legislation making it a felony to host, operate, or advertise a prediction market anywhere in the state.
The federal government moved to block a new Minnesota law on May 20, 2026, one day after Democratic Governor Tim Walz signed legislation making it a felony to host, operate, or advertise a prediction market anywhere in the state. The lawsuit, filed jointly by the Commodity Futures Trading Commission and the Department of Justice in the US District Court for the District of Minnesota, seeks a preliminary injunction before the law takes effect on August 1.
The Minnesota statute is the first law in the United States to explicitly ban prediction markets by name. Its reach is unusually broad: the legislation covers wagers on sports outcomes, elections, live entertainment, world affairs, and even the specific words a sitting president uses during a press conference. Criminal liability extends beyond platform operators to exchanges, payment processors, media partners, advertising networks, sports leagues, and VPN providers that help users bypass the restriction. The law does carve out three categories of activity: event contracts used as genuine insurance against financial harm or loss, standard securities and commodities trading, and weather-related trading contracts. The weather exemption was added after lobbying by the agricultural industry, a notable concession in a state where farming is a major economic sector.
The federal government's core argument rests on preemption. The CFTC classifies prediction markets as derivatives, specifically "event contracts," regulated under the Commodity Exchange Act, which has governed US derivatives markets for more than five decades. Because the CEA gives the CFTC exclusive jurisdiction over these instruments, the agency contends that state laws conflicting with that framework are void. The joint complaint describes the Minnesota statute as a "flagrant and unprecedented incursion" into federal regulatory authority. CFTC Chairman Michael S. Selig went further, saying the law "turns lawful operators and participants into felons overnight." A Kalshi spokesperson called the law a "blatant violation of federal law." Minnesota's bill sponsor, state Rep. Emma Greenman, framed the issue differently: "We as a state should decide how best and what regulations we think should attach to gambling."
That dispute over who gets to decide is at the heart of the broader legal fight. Minnesota is the sixth state the federal government has sued over prediction market restrictions, following similar actions against Arizona, Connecticut, Illinois, New York, and Wisconsin. The Arizona case offers the clearest precedent in the CFTC's favor: a federal court there has already issued a preliminary injunction blocking Arizona's gambling law from applying to prediction market platforms. The CFTC has also filed amicus briefs in the 6th and 9th Circuit Courts of Appeals and in the Massachusetts Supreme Court, demonstrating that the federal legal campaign extends well beyond district-level injunctions. The Wisconsin complaint, filed in April 2026, named Kalshi, Polymarket, Crypto.com, Robinhood, and Coinbase as targets of state enforcement, signaling that regulators outside Washington are beginning to treat prediction markets as an unlicensed gambling problem affecting mainstream financial platforms, not just niche operators.
The scale of the industry helps explain why legislators are reacting. Kalshi and Polymarket together now process roughly $4.8 billion in trades per week. Kalshi runs more than 350,000 active markets and clears approximately $2.7 billion weekly. Polymarket adds another $2.1 billion. Since January 2026, more than ten Congressional bills targeting prediction markets have been introduced. The CFTC's own enforcement division has also taken action, including a case involving a US Army service member allegedly using classified military intelligence to trade on Polymarket contracts. In April 2026, the enforcement division issued a formal advisory on prediction markets, and both Kalshi and Polymarket subsequently announced new technological guardrails in response. Unnamed former officials cited by NPR have raised questions about the scope of the agency's preemption claim, pointing to contracts on whether Ricky Martin will make an appearance at the Super Bowl as an example of subject matter far outside the CFTC's traditional scope.
For users and developers outside the United States, the stakes are real. One day before the Minnesota law was signed, Bloomberg reported that both Kalshi and Polymarket are actively onboarding users in India despite a warning from India's technology ministry that the platforms are operating illegally there. Neither company has a registered Indian entity or local licence. Both run active markets tied to Indian Premier League cricket, a high-traffic category in a market of 1.4 billion people. If the CFTC's preemption argument fails and Minnesota's model spreads, it could accelerate enforcement in India, where no federal counterweight equivalent to the CFTC exists to push back against a national ban. Conversely, a CFTC victory would establish a template for arguing that central authority governs prediction markets, a precedent that could be cited by other national governments seeking to consolidate regulatory control over the sector.
In Africa, the picture is more fragmented. Luno launched prediction market products in Nigeria and South Africa in March 2026. Nigerian regulators had already flagged a domestic prediction market platform as an illegal gaming operator in 2025; that action came from the Lagos State Lotteries and Gaming Authority. South Africa has an existing regulated gambling framework, and prediction market products that fall outside current betting licences may face legal challenges in that market as well. Kenya's Virtual Asset Service Provider bill, passed in 2025, established a licensing framework for crypto businesses that could apply to on-chain prediction markets, though the classification remains unsettled. Polymarket runs on USDC (a dollar-pegged stablecoin) on the Polygon blockchain, meaning it is technically accessible from any internet-connected wallet worldwide. Minnesota's decision to extend liability to VPN providers signals that jurisdictions are beginning to explore infrastructure-level enforcement rather than targeting platform operators alone. African and South Asian fintech companies that provide stablecoin payment rails could face secondary liability exposure if similar laws proliferate.
The August 1 effective date gives the court a firm deadline. The Arizona injunction gives the CFTC a working template for relief, but the Minnesota statute's broader language and felony provisions make it the broadest in scope of any state action to date. The CFTC is seeking a ruling on the preliminary injunction before the law takes effect, and the outcome will likely shape how aggressively other state legislatures pursue similar bans through the rest of 2026.