RobinhoodLegalCase pending

Is Robinhood legal in Washington State?

Last checked against court dockets and filings · Updated

As of October 25, 2026, a stipulated federal court order keeps Washington officials from pursuing enforcement against Robinhood's role in event contract trades, and we found no order stopping Robinhood there. The Gambling Commission calls prediction markets unauthorized in Washington; Robinhood, which sued first, argues federal commodities law preempts state gambling law. Those are positions on licensing, not a tax ruling, and with no IRS guidance people file event contracts in one of three common ways.

By Owen Monagan, Founder & CEOUpdated

Robinhood in Washington at a glance

Checked Oct 23, 2026
Status
Case pending
Where it stands
Robinhood sued Washington officials. Under a court order, the state is not enforcing its gambling laws against Robinhood's event-contract business and the case is paused.
Federal appeals
Ninth Circuit: for the states, Aug 28, 2026
Source

What changedSince Oct 16, 2026

Robinhood in Washington: what changed since Oct 16, 2026?

Nothing filed against Robinhood in Washington that we found, as of Oct 25, 2026.

Your money

Your Robinhood money in Washington.

An order stops new trades in the markets it covers. The rules that hold your cash come from Robinhood’s clearinghouse and make no exception by state.

How money on Robinhood is protected, wherever you are
  • Robinhood Derivatives, LLC, the company that offers Robinhood's event contracts, is registered with the CFTC as a futures commission merchant. Source
  • Robinhood's help center says it routes event contract trades to KalshiEX, ForecastEX, Rothera Exchange and Clearing, and North American Derivatives Exchange. Source

The suit

Why did Robinhood sue Washington?

We found no Washington enforcement action against Robinhood: Robinhood went to court first. Robinhood Derivatives, the Robinhood company registered with the CFTC as a futures commission merchant, filed its complaint in federal court in Tacoma on March 30, 2026 (W.D. Wash. No. 3:26-cv-05311). It names the Washington State Gambling Commission's executive director, Tina Griffin, four of its commissioners (Chair Alicia Levy, Vice Chair Sarah Lawson, Noah Skartvedt and Michael Charles) and Attorney General Nicholas W. Brown, each in an official capacity.

The complaint builds its case for suing first from three things Washington had already done (pp.2-4):

  • the Gambling Commission's guidance of December 9, 2025, which says "[o]ffering events-based contracts or participating in these markets is not authorized in Washington State" (¶3);
  • the attorney general's March 27, 2026 suit against Kalshi in King County Superior Court, three days earlier (¶4);
  • amicus briefs Washington joined in the Third, Fourth and Ninth Circuits backing state power over event contracts (¶6).

From those, Robinhood alleges "a concrete and imminent threat that Washington will file an enforcement action against Robinhood as it did against Kalshi" (¶7). It says the risk is "particularly acute" because it intermediates many of its users' trades on Kalshi's platform, and that it sends sports contract orders only to Kalshi's exchange while other event contracts go to Kalshi or ForecastEx (¶¶7, 29). It also reads Washington's Kalshi case as broader than the cases elsewhere: "Washington alleges that all event contracts, regardless of subject matter, are unlawful under Washington law" (¶49, p.14).

The complaint has one count, preemption under the Supremacy Clause, and asks for an injunction and a declaration that Washington cannot apply a list of gambling and consumer protection statutes, "and any other Washington law", to Robinhood's part in transactions in event contracts traded on a designated contract market (pp.25-27). Those are Robinhood's allegations and requests. No court has ruled on them.

The agreement

What did Washington agree to?

On May 20 the two sides asked the court to pause the case, and Judge John C. Coughenour signed their stipulated order on May 21, 2026 (Dkt. 17). Its core term is that the defendants "shall not pursue civil or criminal enforcement actions against Robinhood" under the listed statutes "or any other Washington state law with respect to Robinhood's role in transactions involving event contracts traded on a DCM" (p.3, ll.1-5). A DCM is a designated contract market, an exchange the CFTC has registered, so the terms are not limited to Kalshi or to sports.

The agreement is tied to Nevada's cases. The parties said three appeals then before the Ninth Circuit, Robinhood's (No. 25-7831), Kalshi's (No. 25-7516) and North American Derivatives Exchange v. Nevada (No. 25-7187), "concern the same preemption issues raised by Robinhood's Complaint" (p.2, ll.12-21). So the case is "administratively stayed" until the court issues a further order following a Ninth Circuit decision "resolving one or more" of those appeals and the first of two things: the deadline to seek full-court (en banc) review of that decision expires with no request, or a request is denied (p.3, ll.6-13). Within 20 days of that point, unless they agree on another course, the parties report to the court on what the decision means for this case (p.3, ll.17-21).

Three limits sit in the same order. If the court enters no further order within 18 months of the stipulation's filing, the state may withdraw on 14 days' written notice (p.3, ll.22-24). The stipulation "does not resolve any claim or defense", and neither side may argue from it except to enforce it (pp.3-4). It is an agreement about enforcement while the courts work, not a ruling that Washington law is preempted.

Ninth Circuit

Has the Ninth Circuit ruling ended the pause?

Not by any order we found. On August 28, 2026 the Ninth Circuit decided all three Nevada appeals. In Robinhood's, it affirmed the denial of a restraining order and concluded that sports-related event contracts "are not 'swaps' under 7 U.S.C. § 1a(47)(A)(ii)", rejecting Robinhood's conflict and field preemption arguments as well (memorandum, p.3). It is an unpublished ruling at the preliminary stage.

The parties to those appeals then took different routes. Robinhood petitioned the Supreme Court on September 10 (No. 26-338), and Nevada's response is due November 13, 2026. Kalshi asked the full Ninth Circuit to rehear its appeal, No. 25-7516, on September 9, and we found no ruling on that request. The stipulation asks for a decision resolving one or more of the three appeals, then an en banc deadline expiring unused or a request being denied, then a further order of the court (p.3, ll.6-13). We found no status report or further order in Robinhood's Washington case on the docket, which can lag the court's own system. Until the court acts, the non-enforcement terms stand as written. Kalshi at the Supreme Court follows Robinhood's petition with the others on the same question.

Your account

Can I still trade event contracts on Robinhood in Washington?

No order we found stops it. Robinhood's event contract restrictions page, read October 23, 2026, lists two state restrictions, Maryland residents and new sports contracts for Nevada residents, and none for Washington. The stipulated order says nothing about customers' accounts, positions or withdrawals.

One question it leaves open is Kalshi's own Washington order. A King County court has required Kalshi to block seven market categories, sports among them, for anyone located in the state, and Robinhood says its sports contract orders go only to Kalshi's exchange. Robinhood is not a party to that case, and we could not determine whether Kalshi's location block reaches orders placed through Robinhood. What Kalshi's Washington injunction switches off sets out its terms.

Tax

Does the Washington case change how Robinhood event contracts are taxed?

The Gambling Commission's position is that offering or trading on prediction markets is an activity Washington has not authorized. Robinhood's is that contracts on a CFTC-designated exchange are for federal regulators alone. That is a dispute over who may license and police the trades, the stipulation decides none of it, and the IRS has not issued guidance on event contracts.

Of the filers we've seen, the three most common ways are gambling winnings and losses under section 165(d), Form 8949 capital gains, and the Section 1256 60/40 treatment on Form 6781. How a Robinhood event contracts year is reported is on Robinhood event contracts taxes, and every other state is on Robinhood's legal status page.

Your Washington State return

Washington’s capital gains excise tax figures long-term gains as if section 1256 of the Code did not exist. Where you can trade follows where you are; Washington State income tax follows its own residency rules.

Rev. Code Wash. 82.87.020

Realize’s estimates are federal; for a Washington State question, Realize offers a call with a CPA.

What’s next

Where the Robinhood case in Washington goes from here.

A further order from the court following the Ninth Circuit's August 28 decisions.

Whether federal commodities law preempts state gambling law is unresolved. Robinhood’s own petition is before the Supreme Court; Kalshi at the Supreme Court follows it.

Questions7 questions

Questions about Robinhood in Washington.

Short answers, as of Oct 23, 2026.

Is Robinhood legal in Washington State?

As of October 25, 2026, we found no order that stops Robinhood offering event contracts in Washington State. Robinhood sued Washington's gambling regulators and attorney general on March 30, 2026, and on May 21 a federal judge approved their agreement that the state will not pursue civil or criminal enforcement against Robinhood's role in event contract trades while the case is paused.

Did Washington ban Robinhood prediction markets?

No order we found does. The Washington State Gambling Commission said in December 2025 that offering or taking part in prediction markets is not authorized in the state, but we found no Washington suit against Robinhood. Robinhood sued first, and the state then agreed not to enforce against it until the court acts again.

Why did Robinhood sue Washington?

Robinhood's complaint says the Gambling Commission's guidance, the attorney general's March 27, 2026 suit against Kalshi and the state's amicus briefs in other circuits made an enforcement action against Robinhood a concrete and imminent threat. It argues that the federal Commodity Exchange Act preempts Washington law for event contracts traded on CFTC-designated exchanges. Those are Robinhood's allegations; no court has decided them.

Does Kalshi's Washington injunction apply to Robinhood?

Robinhood is not a party to Washington's case against Kalshi, and its own agreement with the state covers its role in contracts traded on any designated exchange. Robinhood's complaint says it sends its customers' sports contract orders only to Kalshi's exchange. We could not determine whether the location block Kalshi applies in Washington reaches orders placed through Robinhood.

What happens to the Washington agreement after the Ninth Circuit ruling?

As of October 25, 2026, it stands. The non-enforcement terms run until the court issues a further order following a Ninth Circuit decision resolving one or more of the three Nevada appeals and either the deadline to seek full-court review of it expiring unused or a request for that review being denied. The Ninth Circuit decided the appeals on August 28, 2026, and we found no further order in Robinhood's Washington case.

Does the Washington case change how Robinhood event contracts are taxed?

No. The case is about whether Washington may apply its gambling laws to Robinhood, which is a licensing question, and the agreement settles none of it. The IRS has not issued guidance on event contracts, which is why people file them three common ways: gambling income under section 165(d), standard capital gains on Form 8949, and Section 1256 on Form 6781.

How current is this page?

We check Robinhood's Washington case against the court docket and the filings, and Robinhood's help pages against what they list. The date at the top of the page is the last check, and each change is listed newest first with a link to the filing, so you can read it yourself.

Sources6 documents

Where each fact comes from.

The orders and filings first, each with the date we last read it. Where we keep a copy of a filing, it is linked beside the original.

Other states

Robinhood in other states.

Each state page is read from the court filings the same way.

Price your Robinhood year three common ways.

Connect Robinhood read-only for a free estimate under each treatment.

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