Gambling Laws in New Mexico

New Mexico is very permissive when it comes to tribal casinos, which are packed with slots, poker, bingo and other live dealer games. The same cannot be said for online casinos though, which remain illegal in the state. At the moment the future looks bleak, with the state legislators dragging their heels.

Which Gambling Activities Are Legal in New Mexico?

The New Mexico Statutes 30-19-2 and 60-1A-1 lay out the legalities of gambling and laws are based on the idea that all forms of gambling are illegal unless otherwise specified. The state's main regulatory and licensing body is the New Mexico Gaming Control Board.

There are a variety of legal activities offered in New Mexico, but generally, online gambling is still illegal.

Online and Land-Based Casino Games

The state is home to 23 legal tribal casinos, most of which are located in Santa Fe or Bernalillo. There are also five racinos, which are racetracks offering casino-style games. Each is located in a different county, offering residents of the state plenty of choice.

Online casinos are classed as illegal, even though existing legislation doesn't mention online betting specifically, the current laws are broad enough to cover it.

Residents can either play free slots on approved apps or visit offshore online casinos. The latter is at their own risk as the state would regard this as an illegal gambling activity. That said, no players have ever been prosecuted.

Poker Gambling

Playing cash games of poker is legal in New Mexico, but only a handful of casinos offer these. Some are significant enough to host the World Poker and Heartland Poker Tours.

Online poker gambling is illegal. None of the existing venues can offer games online, and the state is not open to licensing foreign operators.

Playing Bingo

Bingo gambling is legal and games are regularly operated by charitable organisations. Many of the state's tribal casinos also offer high-stakes games.

Online bingo is illegal, with the state's definition of gambling broad enough to cover internet-based betting activities. New Mexicans will still find it relatively easy to join bingo casinos online though, with prosecution highly unlikely.

Lottery Tickets

Lottery gambling is legal, with the New Mexico Lottery allowing residents to buy tickets for popular draws such as Powerball and Mega Millions, and a variety of scratch cards.

Playing online lottery games for real money is illegal and even the state lotto is not permitted to offer tickets over the Internet, with their website available for informational purposes only.

Social Casinos and Crypto Casinos

Social gambling, such as home-based poker games and casino games played using play chips via an app, is permitted. Lootboxes and skins gambling are yet to be defined in New Mexico and the US, with these activities remaining currently unregulated.

Even though Bitcoin is recognised as a form of currency in New Mexico and the wider US, none of the state's gambling venues accept it as payment. Residents have to join crypto gambling sites to play casino games using virtual coins. Despite this being potentially classed as an illegal gambling activity.

Is It Legal To Place Sports Bets in New Mexico?

Sports betting is technically legal in the state. That said, only one of New Mexico's casinos currently offers this - The Santa Ana Star Casino and Hotel. The venue must operate under certain conditions though, with betting on local teams prohibited, and bets must be placed on-site. That means online sports betting remains illegal.

Parimutuel horse race betting is legal and available at New Mexico's five racetracks.

New Mexico was one of the first US states to address daily fantasy sports contests, but there was little support for the activity when a bill was first proposed in 2015. Top DFS sites such as DraftKings and FanDuel do accept players from New Mexico though.

What's the Minimum Age to Gamble in New Mexico?

The legal gambling age is 18 for playing lottery games and parimutuel horse race betting. However, those wishing to play casino games or bet on sports must be at least 21 years old.

Tax Regulations on Gambling Winnings

New Mexico's gambling regulation requires all operators to pay a 10% tax on gross revenue. Gambling winnings are taxed at the rate of 6% at the state level, and a 24% withholding tax is charged on winnings over $5,000 at the federal level.

A Brief History of Gambling Laws in New Mexico

-Parimutuel horse race betting was legalised in 1947.

-After passing the Indian Gaming Regulatory Act in 1988, New Mexico signed compacts with local tribes to allow the building and operation of casinos on tribal land in 1990. The first of these was opened in 1995.

-1995 was also the year that lottery gambling was legalised, with the New Mexico Lottery launching in 1996.

-In 1998 racinos were permitted to operate. 

-Bingo gambling was legalised in 2009

-The construction of non-tribal casinos was allowed in 2011.

-A daily fantasy sports bill was presented in 2015 but was never passed. Sports betting was then legalised when the Professional and Amateur Sports Protection Act was overturned in 2018, with the Santa Ana Star Casino and Hotel taking its first sports bet the same year.

Key Facts

• Casino gambling is legal, with New Mexico home to 23 casinos and five racinos.

• Online casinos are illegal.

• Poker gambling is legal, with games offered at 5 of the existing casinos in the state.

• Online poker gambling is illegal in New Mexico.

• Bingo gambling is legal, with games available at many tribal casinos.

• Playing bingo online is legal.

• Lottery gambling is legal, but only via the New Mexico Lottery.

• Online lottery gambling is illegal.

• Sports betting is legal.

• Online sports betting remains illegal.