Gambling Laws in Delaware

Delaware's gambling laws are relatively permissive compared to other areas of the US. The 'Diamond State' was even the first to legalise online gambling.

Which Type of Gambling Is Legal in Delaware?

The Delaware Constitution deems all forms of gambling illegal unless specifically licensed by the state. This means that most forms of gambling are legally provided in the state by a small group of operators. The Delaware Lottery and the Delaware Division of Gaming Enforcement oversee the regulation of the gambling industry in the state. 

Online and Offline Casino Games

Casino gambling on a physical basis within Delaware has been legal since 2009. Three racinos (racetrack casinos) have been allowed to develop their slot halls into land-based casinos. Delaware Park, Bally's Dover and Harrington Raceway offer various top casino games, including roulette, blackjack and craps, plus 1,500+ betting/gaming machines.

Delaware was the first state in the US to fully legalise online casino gambling in mid-2012. With each existing land-based racino being permitted to offer online casino games. Worldwide gambling company 888 Holdings powers all three online sites, each sporting a unique skin. These host all the best online slots, progressive jackpots as well as RNG tables and live dealer games.

Playing Poker

Land-based poker is legal in Delaware for both charitable and commercial purposes. The state's three racinos offer well-stocked rooms and play host to various tournaments. The law generally overlooks social games held within private residences.

In terms of online poker, the state's three legal online casinos offer 888's poker games. Due to a lack of traffic when the product launched in 2015, the sites opened up their player pool to other permissive states. These included Nevada, New Jersey and Michigan which resulted in a more competitive and enjoyable gaming experience.

Bingo Gambling

In-person bingo is offered in charitable games run by the state, it's not very popular though and online bingo is rare too. The online gambling sites which operate in Delaware don't currently offer this type of gambling for players either.

The Delaware State Lottery

This offers various draw-based and instant games for residents to enjoy. Tickets for local and national games can be purchased via local retailers, as can instant win, keno and sports lottery games. The lottery operator also serves as an industry regulator, ensuring compliance with local laws by the state's racinos.

Unfortunately, residents looking to play online lottery games for real money cannot do so via the state website. This is for information purposes only.

Gambling Socially and Online Crypto Casinos

Gambling which takes place within residents' homes tends to be overlooked when it comes to the local gambling laws. So long as there is no profit being made, beyond player winnings. The legality of modern forms of gambling such as loot boxes and skins is still hotly debated within the US, with these activities yet to be unregulated.

While Delaware recognises that cryptocurrencies have a monetary value, they are not officially accepted as legal tender by businesses in the state. 

Sports Betting Laws in Delaware

The Professional and Amateur Sports Protection Act (PASPA) of 1992 to prohibit sports betting, did not apply to Delaware. The state already had its own legislation in place regarding this activity.

When PASPA was overturned in 2018, Delaware extended its laws to allow the state's racinos to offer sports betting. Both on-site and off-site horse race betting is also permitted.

While online sports betting is technically legal, none of the existing online casinos offer it. The Interactive Fantasy Contest Act of 2017 made DFS legal in the state, with top sites like FanDuel and DraftKings accepting players from Delaware.

What's the Legal Minimum Gambling Age in Delaware?

Residents looking to gamble on horse racing or play lottery games can do so from 18 years old. However, to enter any of the state's racinos, play casino games or bet on sports, individuals must be 21+

Delaware Gambling Tax Regulations

Operators must pay a rate which is based on the services they're offering. Video lottery terminals carry a 40% tax, while both online and offline table games attract 15.5% and sports betting operators are taxed at 50%.

Gambling winnings for residents are counted for income tax purposes, with 2.2% to 6.6% charged depending on the total income. This is in addition to the 24% withholding tax on winnings over $600 which is charged at the federal level.

A Brief History of Gambling in Delaware

Delaware's permissive laws most likely stem from the state's long history of gambling, with horse race betting taking place as far back as the 1700s. This type of betting was eventually legally permitted in 1937.

The Delaware Lottery was launched in 1974, allowing the placement of video lottery terminals at the state's racetracks in 1995 and table games in 2009. Online gambling was legalised in 2012, with sports betting following in 2018.

Key Facts

• Casino gambling is legal in Delaware, with three racinos offering a variety of games.

• Online casino gambling is legal, with the three racinos having an online presence.

• Both online and offline poker are legal.

• Bingo gambling is legal, but games can only be run for charity.

• Online bingo gambling is legal but not offered by the state's three racinos.

• Lottery gambling is legal but only via physical retailers.

• Land-based sports betting is legal in Delaware.

• Online sports betting is legal, but licensed online operators don't offer the activity.