Is Gemini Predictions legal in Ohio?

The Commission addressed its letter to Gemini Titan, LLC at its New York office and sent it on October 2, 2026 by certified mail and by email (p.1). Andromeda Morrison, the Commission's interim executive director, signed it (p.3). We did not find the letter on the Commission's website, so the links go to our copy and to the third-party copy we found it in.

Its first page sets out how the Commission reads Gemini's product and Ohio law:

• Its description of Gemini. Working from Gemini's online content, the Commission describes a trader choosing which team wins, or whether a team or player hits a statistic, with money "won or lost based on the outcome of a game or a team or player's performance." It then says, "Plainly stated, Gemini is operating online sports gaming" (p.1).
• Its licensing argument. Ohio requires a Commission license to offer sports gaming (R.C. 3775.03(A)), and the letter says a business offers it when it accepts wagers on sporting events, a term that includes athletes' individual statistics.
• Its definition of a wager. The letter quotes Ohio's statute: "to risk a sum of money or thing of value on an uncertain occurrence" (R.C. 3775.01(DD)).

On the second page the letter adds a criminal-law argument. It says unlicensed sports gaming also amounts to bookmaking under R.C. Chapter 2915, and that Gemini "is clearly engaged in bookmaking or facilitating bookmaking" (p.2). That is the Commission's characterization; no court has made that finding about Gemini in any record we found.

Only sports event contracts. The demand is that Gemini "cease and desist from offering, participating in offering, or facilitating those who offer sports event contracts in Ohio" (p.2). The letter does not mention contracts on elections, crypto prices, economics or any other non-sports subject.

Within sports, the demand is wide. It names soliciting or accepting orders for sports contracts listed on any designated contract market from people located in Ohio, and running a futures commission merchant or a designated contract market that offers them there (p.2). Gemini was asked to confirm in writing within fourteen days that it had complied.

The letter lists remedies it says are open to the Commission. We found none of them used against Gemini:

• A felony charge, on the letter's reading that sports gaming run outside Chapter 3775 breaks R.C. 3775.99(B)(9).
• Abatement of Gemini's online content, website included, as a nuisance under R.C. Chapter 3767.
• A civil penalty that it says can equal the money or property Gemini obtained or retained from people in Ohio through these contracts, citing R.C. 3775.02(H)(1)(a), R.C. 3772.04(B) and Ohio Adm. Code 3775-1-08.

The letter says other civil and administrative remedies could reach Gemini's officers, directors and holding or parent companies, and closes by naming "administrative, civil, nuisance, or criminal actions" as the path if Gemini does not comply (p.2). These are powers the letter claims, not steps the Commission has taken in anything we found.

The letter's main support is a case Gemini was not in. It says that on September 25, 2026 the Sixth Circuit "held that the Commodity Exchange Act neither applies to these sports event contracts nor preempts Ohio's sports gaming law," and that this "makes clear that Ohio's sports gaming laws apply to Gemini's sports event contracts" (p.2). Those are the Commission's words about the ruling.

The opinion, KalshiEX v. Schuler (Nos. 26-3196 and 26-5235), states its own holdings more narrowly. The court held that Kalshi "has not shown that its sports-event contracts satisfy the statutory definition of a 'swap'" and, in the alternative, that the federal statute "neither expressly nor impliedly preempts Ohio's or Tennessee's gambling laws" (p.3). Ruling on preliminary injunctions, an early stage of Kalshi's suits, it affirmed the Southern District of Ohio's denial, vacated the Middle District of Tennessee's grant, and remanded "for further proceedings consistent with this opinion" (p.49). It does not mention Gemini.

Kalshi filed a rehearing petition on October 9, 2026. We did not read the appeals court's docket for this page, so we cannot say whether it has ruled on it. Kalshi in Ohio follows that case.

Fourteen days from October 2 is October 16, 2026. As of November 2, 2026, we found nothing after that date: no fine notice, hearing or administrative order from the Commission naming Gemini Titan, no lawsuit in either direction, and no public reply from Gemini.

We did not search federal court indexes for this check, and those indexes trail the courts' own filing systems. A filing could exist that we have not seen, so "we found none" is the most this page can say.

The CFTC designated Gemini Titan, LLC a contract market by an order dated December 10, 2025, which approves its application "subject to the following conditions" (p.3). Gemini Titan's rulebook, filed with the CFTC, says it does business as Gemini Predictions.

A designation is the CFTC's approval to run an exchange. It is not a ruling on whether Ohio's gaming law can reach that exchange's sports contracts, which is the question the Sixth Circuit addressed for Kalshi and which the letter applies to Gemini. We found no filing or statement in which Gemini takes a position on Ohio's law.

No Ohio court order we found blocks it, and we could not determine whether Gemini has restricted anything for Ohio users. We found no Gemini statement about Ohio availability, before or after the letter.

The letter is aimed at the company, not at traders. It does not address money already in an account, withdrawals or open positions, and it does not reach non-sports contracts. Every state where Gemini faces an action is on Gemini Predictions' legal page.

Yes. The third-party copy that holds Gemini's letter bundles ten letters, each dated October 2, 2026 and headed "Cease and Desist from Offering Sports Event Contracts in Ohio." They are addressed to Underdog's two companies, Gemini Titan, Coinbase, ProphetX, Novig, Polymarket US's PM US Tech, Plus500US, Moomoo and Webull, plus one to Robinhood's lawyers that says it is "reasserting" an earlier notice to Robinhood Derivatives. Kalshi's dispute with the Commission is older and is not in the bundle.

Polymarket US's complaint in QCX LLC v. Wilson (S.D. Ohio No. 2:26-cv-01502, filed October 16, 2026) describes the same mailing as going to "Polymarket US and nine other businesses" (p.28). Gemini is not a party to that suit. Novig in Ohio and Polymarket in Ohio follow those companies' letters.

Two other states appear in Gemini's record. New York's attorney general filed a petition against Gemini Titan on April 21, 2026 in New York County Supreme Court, and the case now carries a federal docket number, 26 Civ. 3318, in Manhattan. In September 2026 Connecticut's governor announced cease-and-desist orders to nine prediction markets and listed Gemini among them. Neither matter involves Ohio.

The Commission's letter is about whether Gemini needs an Ohio sports gaming license, a state licensing question that says nothing about federal income tax. How an event contracts year comes out under each of the three ways we most often see people file is in the prediction market tax guide, since the IRS has issued no guidance on event contracts.