Gambling Legalized States

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In the United States, gambling is restricted almost everywhere, except in Las Vegas and in Atlantic City, New Jersey. States classified as “Legal – Not Yet Operational” have authorized sports betting, but have yet to launch. “Active or Pre-Filed Legislation” denotes jurisdictions where bills to legalize single-game sports betting have been pre-filed/introduced in the state legislature or where a voter referendum is scheduled.

Sports betting in the United States has changed dramatically since May of 2018 when PASPA was repealed. In fact, the changes are taking place so quickly, it's actually a bit challenging to keep up. This is not a bad thing though - it means that the sports wagering industry is expanding to fill the void that US bettors have felt for the last several decades, and state lawmakers are on board for the most part with pioneering the launch of the domestic US sports betting industry.

  1. As of October 14, 2019, the states below offer sports betting or have passed legislation to allow sports betting, either in a casino or online. You do not need to be a resident of one of these states to place a bet, but you must be located in the state at the time you bet. That means placing a bet while on vacation is fair game.
  2. Three states had measures on the ballot to legalize sports betting: Maryland, Louisiana and South Dakota.
States with legalized gambling

Following PASPA's nullification, state-regulated sports betting has come onto the scene to provide a second avenue for betting along with the handful of trusted offshore sportsbooks that have legally and reliably provided their betting services to American sports fans for decades. To assist in helping everyone stay in the know regarding which states allow or prohibit these different forms of sportsbook gambling, we've broken the information down in a few different ways.

Where Is Sports Betting Considered Legal In The United States?

Before May 2018, only one state had full-service state-regulated sports betting options, that state being Nevada. At this moment in time, the number of states offering legal domestic sports betting is 19. In addition, US players are permitted to access offshore sports betting sites in most states except in Connecticut and Washington, where lawmakers have established state laws outlawing access to all forms of online gambling. Residents in every other state can legally access offshore sportsbooks without violating any type of state or federal laws.

List Of States That Have Already Legalized State Regulated Sports Betting

What states offer legal sports betting locally? Currently, more than 20 US states have legalized state-regulated sports betting options, though you can reduce that number by one if you consider the tribal loophole used by New Mexico Indian nations to not qualify as specific state approval.

A significant number of states have passed legislation to authorize sports gambling in their state but have yet to launch any sportsbooks while additional states have legislation pending.

Here is a breakdown of the states that have already passed legislation allowing domestic sports betting entertainment as well as states that have pending active legislation in the works. States with ** indicate that they have legalized state-regulated sports betting but have not yet launched any brick and mortar or online betting options.

  • Arkansas
  • Colorado
  • Delaware
  • Illinois
  • Indiana
  • Iowa
  • Michigan
  • Mississippi
  • Montana
  • Nevada
  • New Hampshire
  • New Jersey
  • New Mexico
  • New York
  • North Carolina**
  • Oregon
  • Pennsylvania
  • Rhode Island
  • Tennessee
  • Virginia**
  • West Virginia
  • Washington**
  • Washington D.C.

Sports Betting Legalized States

List Of U.S. States That Don't Criminalize Offshore Betting

Even if you don't live in one of the above states which have passed legislation to legalize sports betting, there are still plenty of options to bet on sports while remaining within the confines of the U.S. law. The most important thing to understand on the legal side of things is that there are only 2 states which specifically make gambling via an offshore site illegal. These include Washington and Connecticut. So you won't be breaking any laws if you reside in any other state and choose to bet with an offshore sportsbook.

U.S. States
AlabamaAlaskaArizonaArkansas
CaliforniaColoradoConnecticutDelaware
FloridaGeorgiaHawaiiIdaho
IllinoisIndianaIowaKansas
KentuckyLouisianaMaineMaryland
MassachusettsMichiganMinnesotaMississippi
MissouriMontanaNebraskaNevada
New HampshireNew JerseyNew MexicoNew York
North CarolinaNorth DakotaOhioOklahoma
OregonPennsylvaniaRhode IslandSouth Carolina
South DakotaTennesseeTexasUtah
VermontVirginiaWashingtonWashington D.C.
West VirginiaWisconsin Wyoming

States Where Online Sports Betting Is Considered Illegal

A few states have taken an extra measure to strengthen their enforcement of anti-gambling laws to keep their residents from engaging in any form of gambling on the Internet, including online sports betting:

  • Washington
  • Connecticut

These two states are the only ones that have taken this approach as of early 2020. They each have specific state laws that outlaw all forms of gambling on the Internet, regardless of the source. Their prohibition of online sports wagering does not mean that they won't legalize state-regulated brick-and-mortar sportsbooks, as Connecticut has some betting legislation on the table right now and Washington just passed a sports betting bill of its own.

There are also a few states that have enacted laws specifically to prohibit state-regulated sports wagering, including:

  • Utah
  • Vermont
  • Alaska
  • Hawaii

We've seen that this can change as well, as Hawaii already has a pending sports gambling bill in its legislature.

Understanding States’ Rights

The United States Department of Justice issued a Formal Opinion in 2011 clarifying that the Wire Act only pertained to US-based online sports gambling businesses. This freed up states to issue legislation that would legalize online casinos and poker.

However, the application of this law changed in 2018 with the repeal of PASPA and again in 2019 with another clarification of the law's reach post-PASPA. Now the Act simply prohibits any interstate gambling transmissions for all state-regulated gambling, meaning that state gambling businesses are not permitted to accept wagers across state lines. This interpretation is being challenged in court, so the application of the Wire Act could change yet again.

Until its repeal in May of 2018, PASPA was a federal ban that superseded states’ rights. There was an argument against the ban stating that it violated states’ constitutional rights. PASPA prohibited states from authorizing or licensing sports betting enterprises themselves. After being sued by the major sports leagues in the US, NJ decided to do something about PASPA.

New Jersey was victorious in their historic Supreme Court case where they are argued that PASPA violates their rights as they tried to authorize sports betting in 2014. SCOTUS ruled that PASPA was indeed unconstitutional and rendered the law null and void and has therefore placed the authority to regulate sports wagering into the hands of the individual states.

Make Your Voice Heard

You can help with the ongoing US sports betting legal disputes by contacting your state representatives and encouraging them to vote on matters you support. Contact your state representatives and tell them to support sports betting legislation. If you visit our state bill tracker page - you will see a map with all the states. If you click on that map you will see a list of all pending bills for any given state. If a state is not 'clickable', you will know there are no sports betting bills pending for that state.

Understanding The Legal Gambling Age Of Each State

One of the most stringent protocols for any gambling sector is age verification. States have gambling age requirements to prevent minors from gaining access to both brick-and-mortar and online gambling platforms. Most states have a minimum gambling age somewhere between 18 and 21. However, most state-regulated sports betting platforms that we've seen launched require participants to be at least 21 years old, but there are a few exceptions. Be sure to check with your state’s gambling laws before participating in gambling to ensure you are within your legal limits.

What The Future Holds For Legal Online Sports Betting In America

This depends on whether the 2019 DOJ opinion on the Wire Act will be challenged in court (though it has received a temporary injunction on its new 'interpretation'). This new opinion flipped the domestic market on its head as it placed many restrictions on operations, forcing providers to be 100% intrastate-supported and compliant by mid-2019. However, New Hampshire and other states are attempting to challenge this opinion in court, and so far things are looking good.

Sports Gambling - By The Numbers

Be the legal situation as it may, sports betting still happens. American bettors are flocking to regulated offshore sportsbooks or illegal online and offline bookies to place their wagers. Sports gambling is a billion-dollar industry.

To put things in perspective, check out this information provided by the American Gaming Association of sports betting statistics from Super Bowl LIV (2020).

  • 26 million—Number of American adults to bet on SB54
  • 5 million—Bets placed online/offshore
  • $6.8 billion—Total Super Bowl betting handle
  • $154.7 million—Legal bets placed in Nevada
  • $6.65 billion—Gray-market bets placed everywhere else
  • 97.7%—Percentage of all bets placed through non-US-licensed means
  • 25%—Increase in total Super Bowl bets from the previous year

The AGA is also estimating that a total of over $40 billion will be wagered on MLB games during the next season. Imagine if this type of revenue was being regulated. Since the market already exists, why not put regulations on it to make it work towards our mutual benefit?

A poll conducted before the repeal of PASPA by the Morning Consult asked NFL fans their opinions on sports betting legislation. Nearly three times as many NFL fans believed the federal government should lift the ban on sports betting. The majority also believed that individual states should have the power to decide if they want sports betting, not the federal government. Americans want to bet on sports, and they've made it clear.

Voice Your Opinion

Mobile sports betting continues to post record numbers in the US, with the number of states approving online wagering growing by the year. Online casino gaming, while operating in fewer states, shows a continued upward trajectory as well.

While daily fantasy sports (DFS) platforms operate in more than 40 states, the process for legalization for mobile sports betting and online casino gaming has taken a bit of a slower path across the US. The following list looks at where some of the top online gaming markets in the US stand on what is legally offered in the state.

The rankings tiers are defined as follows:

Tier 1 (Most Friendly):Online sports betting, online casinos, and DFS are legally offered, or soon to launch.

Tier 2: Two of the three verticals legal and available.

Tier 3: One of the three verticals legal and available.

Tier 4 (Least Friendly): States that don’t allow DFS or any kind of online gambling.

Tier 1

New Jersey

Always at the forefront of the US legal gambling industry, New Jersey stands as one of a handful of states that offers legal online casinos and sports betting, as well as DFS.

Online casinos debuted in the Garden State in 2013, with online sports betting going live in July 2018. In both categories, New Jersey hosts the largest market of any US state.

New Jersey passed legislation to regulate DFS sites in 2017.

Pennsylvania

Pennsylvania decided to go all-out when it legalized online gambling in October 2017. The package of bills that went through legislature approved both online sports betting and casinos in the state.

Mobile sportsbooks launched in May 2019, and online casinos started appearing on the Pennsylvania landscape a couple of months later in July 2019.

The Keystone state passed regulations on DFS sites in 2017. As the end of 2020 approaches, Pennsylvania makes up one of the biggest legal online gambling markets in the states.

West Virginia

West Virginia doesn’t offer the number of online gambling options available in New Jersey and Pennsylvania, but the Mountain State still holds status as a pioneer in legal online gambling among US states.

Online sports betting launched in West Virginia in August 2019, and the state’s emerging mobile sports betting industry includes platforms from DraftKings, FanDuel, and BetMGM.

The first of the state’s online casinos went live in July 2020 with the debut of DraftKings Casino. DFS play is permitted in West Virginia, although no explicit laws are in place outlining regulations for DFS sites.

Michigan

Michigan appears poised to become one of the biggest legal online gambling markets in the US. A package of bills signed by Gov. Gretchen Whitmer in December 2019 legalized online casinos and sports betting, while also formally approving DFS platforms in the Wolverine State.

Both commercial and tribal casinos are set to offer online gaming, and Michigan is expected to take a place as one of the most important online gambling hubs in the US.

Previous to December 2019, DFS sites operated without regulation in Michigan.

Tier 2

Nevada

The mix of legal online gambling options in Nevada is unique to the Silver State. The live gambling mecca offers legal online sports betting and poker and is the only state to offer that particular combination.

DFS platforms can also operate in Nevada but must go through the same licensing and approval process required for other forms of online gambling. DraftKings and FanDuel, the two biggest DFS operators, have chosen to stay out of the Nevada market for now.

Online casinos could come to Nevada at some point, but for now, casino gaming is only available at land-based casinos.

Delaware

Delaware, along with New Jersey, holds status as one of the pioneer states in the US online gambling industry. The state was one of the first to launch legal online casinos, doing so in 2013.

Sports Gambling Legalized States

The First State was, appropriately, the first US state outside of Nevada to launch sports betting, and Delaware laws also permit casinos to offer online sports betting. Despite the legal clearance, online sports betting isn’t currently available in Delaware.

Delaware does regulate DFS sites, and looking at its gambling laws perhaps the state belongs in Tier 1. Until online sports betting actually goes live, however, Delaware only offers online casinos and DFS.

Colorado

Aside from Delaware and Nevada, Colorado and other states in the Tier 2 category offer legal online sports betting and DFS. Similar to Michigan, Colorado’s emerging online sports betting market has attracted virtually all of the top sports betting brands in the industry.

The state’s expansion into legal online gaming doesn’t include mobile casinos for now. Colorado players have to travel to one of three mountain towns (Cripple Creek, Black Hawk, Central City) to enjoy casino games in the Centennial State.

Indiana

DFS sites have legally operated in Indiana since the state outlined regulations for the industry in 2016. Sports betting, both live and online, was legalized in May 2019.

Online sportsbooks started to go live in the Hoosier State in October 2019, and the state shows promising upward trends for its new sports wagering industry.

Mobile casino gaming might be a longshot for legalization in Indiana, however. Indiana is one of the few states where online casino gaming is explicitly illegal, putting players at risk of possible criminal prosecution for playing at an illegal gambling site.

Illinois

The online sports betting market in Illinois is in its infancy. BetRivers became the first mobile sportsbook to go live in the state in June 2020.

DraftKings, FanDuel, PointBet, and William Hill US have all joined the market since then, as Illinois’ new mobile sports betting industry rapidly expands. The legal status of DFS was in limbo in the Prairie State for more than four years, but an April 2020 ruling from the Illinois Supreme Court declared DFS as skill games, and therefore legal under state law.

Online casino gaming isn’t permitted in Illinois as of yet.

States Without Legalized Gambling

Tier 3

California

The most populous state in the US is one of several in which DFS sites operate without explicit regulation. DraftKings, FanDuel, and several other operators offer DFS in the Golden State, which hosts the nation’s biggest DFS market.

Online sports betting and casinos might be a long way from ever becoming legal in California. The state’s complex casino industry includes more than 60 different Native American tribes that operate casinos, and so far those gaming interests have been unable to come to an agreement on how online gaming would operate.

New York

Retail sports betting and DFS are live in the Empire State, and it appears that online sports betting could come to New York at some point.

Pro-gaming lawmakers are still fighting in a multi-year effort to legalize mobile sports betting in New York. If the neighboring state of New Jersey is any indication, legal online wagering would provide a big boost to the New York state budget.

Texas

Like California, DFS platforms operate without regulations in Texas, and the Lone Star State makes up one of the nation’s biggest DFS markets.

Online sports betting and casino gaming aren’t currently legal in Texas, and it appears that might be the case for the foreseeable future.

Tier 4

Multiple States

Legalized Gambling Number Of States

The list of states without any form of legal online casino gaming, sports betting, or DFS includes these six names: Arizona, Alabama, Idaho, Louisiana, Hawaii, and Washington.

Gambling Legalized States 2020

Washington passed a bill legalizing retail sports betting in March 2020, but the legislation doesn’t include mobile wagering.

Legalized Gambling States

Louisiana voters approved DFS in the state in 2018, but lawmakers have yet to agree on tax rates and regulations for the industry. Sports betting is on the ballot in Louisiana and will go to a public vote this November.