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Minnesota Bans Prediction Markets and Federal Regulators Move to Block the Law

A federal lawsuit says the ban violates CFTC authority and would criminalize contracts used as hedges for farmers, setting up a national legal fight.

Overview

  • Gov. Tim Walz signed SF4760 into law on Monday, May 18, making it a felony to create, operate, manage, or advertise online prediction markets and the CFTC filed suit the next day to stop the law from taking effect on Aug. 1.
  • The Minnesota statute lists broad prohibited event categories including sports, elections, wars, disasters, weather and pop‑culture outcomes and reaches advertising and third‑party services tied to those contracts.
  • The CFTC argues in its complaint that many event contracts are swaps or derivatives governed by the Commodity Exchange Act and that the state law is preempted because it would turn lawful, federally regulated market activity into felonies.
  • Reports say the Department of Justice may have joined the challenge and Minnesota Attorney General Keith Ellison has said his office will defend the law, which passed the Legislature with wide bipartisan margins.
  • The dispute joins several active suits the CFTC has brought against other states and could produce appellate rulings or a Supreme Court decision that will decide whether prediction markets are federal financial instruments or state‑regulated gambling, with real effects for farmers, platforms and consumers.