Is online gambling legal in the US? State-by-state status
Federal law leaves online gambling to the states. Where online casinos, sportsbooks and sweepstakes stand as of October 2026, and what it means for affiliates.
Is online gambling legal in the US? It depends on the state and the product. No federal law bans it outright, so each state decides. As of October 2026, 31 states and Washington, DC, allow statewide online sports betting, but only seven license real-money online casinos. Sweepstakes casinos are now banned by statute in a growing number of states.
Rules checked October 28, 2026. Statuses come from the American Gaming Association's State of the States 2026 report (position at December 31, 2025), plus the 2026 changes we confirmed with a regulator, court record or statute. Check the state regulator before you act. This is a summary of public law, not legal advice.
Is online gambling legal in the US?
Online gambling is legal in America only in some states, for some products, through state-licensed operators. It covers three products, each with its own status:
Real-money online casino (slots and table games): legal in seven states.
Online sports betting: legal statewide in 31 states plus DC.
Sweepstakes casinos: casino-style games played with a prize-redeemable virtual currency. At least six states have passed laws banning them.
What federal law actually says
Federal law neither licenses nor bans online gambling as a whole. It polices payments, interstate bets and tribal gaming, and leaves the rest to the states.
Wire Act (1961). Bars betting businesses from taking interstate bets over wire communications. In 2021 the First Circuit Court of Appeals held that it covers only bets on sporting events or contests, rejecting a 2018 Justice Department Office of Legal Counsel opinion that had stretched it to all gambling. The same office had said "sports only" in 2011.
UIGEA (2006). The Unlawful Internet Gambling Enforcement Act is a payments law. Gambling businesses may not knowingly accept money for bets that are illegal under the federal or state law where they are placed or received. It makes no game legal or illegal on its own; it works through banks and payment processors.
PASPA and Murphy v. NCAA (2018). The Supreme Court struck down the 1992 federal law that stopped most states from authorizing sports betting. States have legalized it one at a time since.
Indian Gaming Regulatory Act (1988). Casino-style tribal gaming needs a tribe-state compact. Tribal deals also shape some online markets; in Florida, for example, statewide online sports betting runs only through the Seminole Tribe.
Illegal Gambling Business Act (1970). Under 18 U.S.C. § 1955, running a sizeable gambling business that is illegal under state law is also a federal crime.
Where online gambling is legal: state-by-state table
Online casinos are live in seven states and statewide online sports betting in 31 states plus DC; 19 states license neither.
How many states allow online gambling?
Online sports betting: 31 states plus DC, statewide.
Real-money online casino: seven states. Maine has authorized online casinos but has not launched them. Nevada allows online poker only.
Any legal sports betting, including in-person only: 39 states plus DC.
States that authorize online casino or poker
| State | Online casino | Online sports betting | Notes and regulator |
|---|---|---|---|
| Connecticut | Yes | Yes | Tribal operators; sweepstakes ban passed in 2025. Department of Consumer Protection |
| Delaware | Yes | Yes | Run through the Delaware Lottery |
| Michigan | Yes | Yes | Commercial and tribal operators. Michigan Gaming Control Board |
| New Jersey | Yes | Yes | Sweepstakes ban passed in 2025. Division of Gaming Enforcement |
| Pennsylvania | Yes | Yes | Pennsylvania Gaming Control Board |
| Rhode Island | Yes | Yes | Run through the Rhode Island Lottery |
| West Virginia | Yes | Yes | West Virginia Lottery |
| Maine | Authorized, not live | Yes | Online casino rules still in draft in October 2026; sweepstakes ban in force since July 29, 2026. Gambling Control Unit |
| Nevada | Poker only | Yes | No online casino games. Nevada Gaming Control Board |
States with online sports betting but no online casino
| State | Online casino | Online sports betting | Notes |
|---|---|---|---|
| Arizona | No | Yes | |
| Arkansas | No | Yes | |
| Colorado | No | Yes | |
| Florida | No | Yes | Only through the Seminole Tribe |
| Illinois | No | Yes | |
| Indiana | No | Yes | |
| Iowa | No | Yes | |
| Kansas | No | Yes | |
| Kentucky | No | Yes | |
| Louisiana | No | Yes | Legal in most parishes |
| Maryland | No | Yes | |
| Massachusetts | No | Yes | |
| Missouri | No | Yes | Launched December 1, 2025 |
| New Hampshire | No | Yes | |
| New York | No | Yes | Sweepstakes ban passed in 2025 |
| North Carolina | No | Yes | |
| Ohio | No | Yes | |
| Oregon | No | Yes | |
| Tennessee | No | Yes | Online only, no casinos |
| Vermont | No | Yes | Online only |
| Virginia | No | Yes | |
| Wyoming | No | Yes | |
| Washington, DC | No | Yes |
States without statewide online betting or casino
The other 19 states license neither a real-money online casino nor a statewide online sportsbook.
In-person or on-property sports betting only: Mississippi and South Dakota (mobile betting only on casino property), Montana (licensed premises only), Washington and Wisconsin (tribal casinos), Nebraska, New Mexico and North Dakota. Wisconsin legalized tribal online sports betting in April 2026, but a launch depends on amended tribal compacts.
No legal sports betting: Alabama, Alaska, California, Georgia, Hawaii, Idaho, Minnesota, Oklahoma, South Carolina, Texas and Utah.
Gray zones affiliates keep hitting
Three products sit outside the state-licensed map: sweepstakes casinos, offshore sites and prediction markets.
Sweepstakes and social casinos
Sweepstakes casinos use two currencies: one that players buy for fun play, and a second, handed out free, that can be redeemed for cash prizes. Operators say this "no purchase necessary" model keeps them outside gambling law; more and more states disagree. In 2025, California, Connecticut, Montana, New Jersey and New York passed laws explicitly banning sweepstakes platforms that imitate casinos or sportsbooks. Maine followed: its ban on dual-currency games that simulate casino play took effect on July 29, 2026. Louisiana's governor vetoed a 2025 ban, saying the games were already illegal there. Social casinos with no prize redemption are a separate product; we compare both in sweepstakes vs social casinos.
Offshore sites
Offshore casinos and sportsbooks that take US players hold no US state license, whatever foreign license they display. Regulators in Florida, Michigan, Mississippi and Tennessee acted against them in 2025, and the AGA puts the illegal market, offshore sites and unregulated machines included, at $53.9 billion in revenue a year. Players who win have no state regulator to turn to if such a site refuses to pay.
Prediction markets
Exchanges registered with the Commodity Futures Trading Commission sell "event contracts" on game results and argue that federal commodities law overrides state gambling law. State regulators call it unlicensed sports betting; in 2025, state and tribal authorities in 16 states took action, from cease-and-desist orders to lawsuits.
The federal appeals courts disagree. In April 2026 a divided Third Circuit panel upheld a preliminary injunction that stops New Jersey from enforcing its gambling laws against Kalshi's sports contracts, finding Kalshi had a reasonable chance of winning its preemption argument. In September 2026 the Sixth Circuit held that Ohio and Tennessee can apply their gambling laws to those contracts; CNBC counted it as the second appeals-court decision for the states and reported that the question is widely expected to reach the Supreme Court. For the mechanics, see how prediction markets work.
The big states people search for
None of these states has legal online casinos, and California, Texas and Georgia have no legal sports betting either.
California. Is online sports gambling legal in California? No, and neither is online casino play. Voters rejected two sports betting measures in 2022, and a 2025 law bans sweepstakes casinos. Regulator: California Gambling Control Commission.
Texas. No legal online casino or sports betting. Tribal casinos offer only bingo-style Class II games.
Florida. Online sports betting is legal statewide, but only through the Seminole Tribe. Online casino games are not legal.
New York. Mobile sports betting is legal statewide. Online casino is not, and bills to legalize it have not passed. A 2025 law bans sweepstakes casinos.
Georgia, North Carolina, Ohio and Illinois. Georgia has no legal sports betting. North Carolina, Ohio and Illinois allow online sports betting but not online casinos.
What this means for affiliates and media buyers
The US is a Tier-1 GEO, but for real-money offers it behaves like 30-plus separate markets.
Target by state, not by country. Limit real-money casino campaigns to the seven live states and sportsbook campaigns to the 31 states plus DC, and promote only brands licensed in each state you target.
Check affiliate licensing. Several states make affiliates register or get licensed, and the tier can depend on how you are paid. Pennsylvania requires certification for online casino affiliates paid on player activity, and only registration for flat-fee ones. In New Jersey, a January 2026 Division of Gaming Enforcement letter order shows the split: an affiliate that had applied for an ancillary casino service industry enterprise license over a revenue-share contract withdrew once that contract ended and stays registered as a vendor for CPA marketing. See CPA vs RevShare vs Hybrid.
Respect age and location. Most states set the minimum age at 21, a few allow 18 for some products, and players must be inside a licensed state to bet.
Follow state ad rules. Advertising and responsible-gambling requirements differ by state.
Re-check before you scale. Sweepstakes bans, prediction-market rulings and launches such as Maine's can change the map within months.
FAQ
In what states can you legally bet online?
As of October 2026, 31 states and Washington, DC, allow statewide online sports betting, including New York, Pennsylvania, Ohio, Illinois and North Carolina. Florida allows it only through the Seminole Tribe.
Is online casino gambling legal in the US?
Online casino gambling is legal in only seven states as of October 2026: Connecticut, Delaware, Michigan, New Jersey, Pennsylvania, Rhode Island and West Virginia. Maine has authorized online casinos but was still finalizing its rules in October 2026, and Nevada allows online poker only.
Is bet365 legal in the USA?
bet365 is legal in the USA only where a state has licensed it. US sportsbooks are licensed state by state, so any brand, bet365 included, is legal only in states whose regulator lists it.
Can I use a VPN to sports bet?
A VPN does not let you sports bet legally from outside a licensed state: sportsbooks must confirm that you are physically inside a state where they hold a license, and their geolocation checks are built to catch VPNs and proxies. Using one breaks the operator's terms and can mean voided bets, withheld winnings and a closed account.
How does the IRS know if you won money gambling online?
Online gambling operators report qualifying wins to the IRS on Form W-2G. For 2026 payments the minimum threshold is $2,000, adjusted yearly for inflation, and thresholds vary by game; a sports-betting win is reported only if it is also at least 300 times the stake. All winnings are taxable, reported or not, and from 2026 only 90% of losses are deductible, up to your winnings, if you itemize.
What is the new gambling law for 2026?
The 2026 changes to US gambling law are spread across tax rules, states and courts rather than one new law: deductible gambling losses are capped at 90%, Maine's sweepstakes ban took effect in July while its online casino rules are still in rulemaking, Wisconsin authorized tribal online sports betting, and federal appeals courts disagree on prediction markets.
Sources
Federal law and courts
Unlawful Internet Gambling Enforcement Act, 31 U.S.C. § 5362 (definitions)
Supreme Court, Murphy v. NCAA, decided May 14, 2018
DOJ Office of Legal Counsel, Wire Act opinion (2018)
First Circuit, New Hampshire Lottery Commission v. Rosen (2021)
State regulators and industry data
American Gaming Association, State of the States 2026 (status at December 31, 2025)
Maine Gambling Control Unit, I-Gaming Rulemaking (accessed October 28, 2026)
Maine Gambling Control Unit, LD 2007 online sweepstakes ban notice (July 29, 2026)
Pennsylvania Bulletin, 51 Pa.B. 5389 (58 Pa. Code ch. 807a)
New Jersey Division of Gaming Enforcement, Order No. 2988 (letter order, January 2026)
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