Gambling Laws in Montana

Montana's gambling industry consists mostly of licensed bars, pubs and taverns which are permitted to offer poker and keno machines. While there are casinos in the state, there aren't many, with only eight tribal casinos currently in operation. Online gambling is entirely and explicitly illegal in Montana.

Which Gambling Activities Are Legal in Montana?

The Montana Code sections 23-5-110 and 23-4-101 cover the rules regarding gambling, with most forms of land-based gambling legal. However, online gambling is explicitly illegal in the state, with very clear legislation passed on this in 2005.

Gambling regulations are the responsibility of the Montana Department of Justice Gambling Control Division.

Playing Casino Games

Casino gambling is legal in Montana, but the situation is slightly different compared to other states. Thanks to various compacts with local tribes, there are eight tribal casinos in the state. However, most are only allowed to offer bingo games played between players (rather than against the house), with only three permitted to offer slots and table games.

Most casino-style gambling occurs in the 300 or so venues, such as bars, whose alcohol licences make obtaining a gambling licence for video poker and other machines easier.

Unlike other states, Montana explicitly mentions internet gambling in its legislation. Whilst this is illegal, residents still sign up at out-of-state sites to play online casino slots and other such games. Though they do this at their own risk.

Poker Rooms

Land-based poker is legal in Montana, with most games offered via special machines in licensed venues. Games are also allowed for charitable purposes.

Online poker gambling is illegal, despite this, many poker sites still allow residents to sign up and play.

Bingo

Bingo gambling is legal, with most of the tribal casinos permitted to offer such games. These can also be played for charitable purposes in the state.

Online bingo gambling is illegal but plenty of bingo casinos online are quite happy to accept Montanans.

Lottery Gambling

Taking part in the lotto is permitted and the Montana Lottery was launched in 1987. Residents of the state can buy tickets for popular national draws such as Mega Millions and Powerball, local lottery games and scratch cards.

Online lottery gambling is legal, but only to a very limited degree. The Montana Lottery launched its website in 1999, allowing residents of the state to enjoy a few limited online gambling activities, most of which are linked to physical tickets. Those wishing to play other online lottery games for real money via foreign sites should be aware that such activities are deemed illegal gambling in Montana.

Social Games and Crypto Casinos

Social casinos are permitted in Montana, as long as real money isn't exchanged. Home-based poker games are also allowed, as long as there is no profit beyond player winnings. 

Lootboxes and skins gambling are not specifically mentioned in Montana state laws and remain unregulated.

Cryptocurrencies can be used as a form of payment in some cases in Montana, but none of the existing gambling venues in the state currently accept these. While residents will find it relatively easy to play casino games at crypto gambling sites, this would be deemed as an illegal gambling activity.

Is Sports Betting Legal in Montana?

Betting on horse and greyhound racing is legal as long as bets are placed at permitted venues. Sports betting is illegal in both offline and online forms.

General daily fantasy sports betting is also illegal in Montana however, in 2017 lawmakers permitted season-long fantasy sports betting.

Minimum Age to Gamble in Montana

The minimum age to gamble in Montana is 18, although those under this can enter raffles for church, school and charity events.

Gambling Tax Regulations

Montana regulations require video game machine operators to pay a 15% tax on gross revenue. Whilst gambling winnings over $5,000 are subject to a 6.9% state tax and a 24% tax is withheld at the federal level.

History of Gambling Laws in Montana

Montana's gambling laws extend back to 1889 when the activity was totally banned.

In 1939 some table games were legalised and slot machines were deemed to be legal by the Supreme Court in 1950. After a 1972 decision to allow residents and Congress to decide on gambling legislation, a slew of games were legalised in 1973.

The gambling industry took a brief step backwards in 1984 when the Supreme Court decided that poker machines were illegal. However, the Video Poker Machine Act was passed the following year, allowing alcohol-licensed premises to offer video poker and keno machines.

Lottery gambling was approved in 1986, with the Montana Lottery launching the following year.

Following the Indian Gaming Regulatory Act of 1988, compacts were negotiated with several tribes in 1994 paving the way for the operation of tribal casinos.

All forms of online gambling were banned in 2005.

Season-long fantasy sports betting was legalised in 2017.

Key Facts

• Casino gambling is legal in Montana, with the state home to 8 tribal casinos and more than 300 licensed betting venues.

• Online casino gambling is explicitly illegal.

• Poker gambling is legal, with licensed venues offering video poker and charitable events allowed to run games.

• Online poker is illegal in Montana.

• Bingo gambling is legal and offered at tribal casinos and by charitable organisations.

• Online bingo gambling is illegal.

• Lottery gambling is legal via the Montana Lottery.

• Online lottery gambling is legal but restricted to certain games by the Montana Lottery.

• Horse and greyhound race betting is legal.

• Both offline and online sports betting are illegal.

• Daily fantasy sports betting is illegal, but season-long fantasy sports betting is legal.