Gambling Laws in North Dakota

North Dakota has been fairly reluctant to legalise many forms of gambling. Still, residents can enjoy several legal activities in the state. Generally, most land-based gambling is legal in some way, while online gambling remains illegal and unregulated.

Which Gambling Activities Are Legal in North Dakota?

North Dakota's laws are contained within the Century Code 12.1-28-01 and 53.06.1-01, which makes all forms of gambling illegal unless expressly permitted. In reality, many forms are legal including sports betting, casino gambling, poker, bingo and lottery.

Online gambling is still largely illegal in North Dakota. 

Casino Games: Land-Based and Online

Casino games are legal but can only be hosted by specific venues. Thanks to the Indian Gaming Regulatory Act, Native American tribes are permitted to operate casinos in North Dakota. There are currently five tribal casinos running in the state. In addition, charitable organisations can run blackjack games with maximum stakes of $25. There are seven of these venues in North Dakota.

Online gambling is illegal and none of the existing casinos in the state are permitted to offer their games online. Those wishing to play slots and online live casino games can register at many platforms which accept residents from the state, even though this is illegal.

Playing Poker With Cash

It's legal to play poker with money and all the larger casino venues host the activity on their tables. NL Hold'em cash games and tournaments are played regularly, mostly with medium stakes. Whilst an attempt was made to legalise online poker in 2005 - the Senate rejected it.

Bingo Gambling

It's legal to gamble on bingo in North Dakota but only charitable organisations can run games. Playing the game online is deemed illegal, but that doesn't stop plenty of bingo casinos online from accepting players from within the state.

Lottery, Keno and Scratch Cards

The North Dakota Lottery offers tickets for national draws such as Powerball and Mega Millions only - no local lotteries are permitted in the state. The operator is also prohibited from offering scratch cards or keno games.

Online lotto is illegal and while the North Dakota Lottery does have a website, it is for informational purposes only. Various lottery casino sites accept North Dakotan players, but the state views such activities as illegal.

Social Gambling and Crypto Casinos

Home-based gambling is legal in North Dakota, as long as stakes do not exceed $25 and no rake or fees are charged. Social casinos are also legal if only play chips are used. There is still a lot of debate regarding the definition and legality of modern forms of gambling, such as loot boxes and skins, with these activities as yet unregulated in North Dakota.

While the state recognises that cryptos are a form of money, they are not classed as legal tender. That means none of the existing gambling venues can accept virtual coins as payment. North Dakotans have to join out-of-state crypto casinos to play games, but doing so would be illegal.

Is Sports Betting Legal in North Dakota?

After the Senate rejected a bill in 2019, sports betting was finally legalised in December 2021. Only three tribal casinos can offer markets to residents: Dakota Magic Casino and Hotel, Dakota Connection and Dakota Sioux. Online sports betting remains illegal.

Parimutuel betting on horse races is legal, with two racetracks - North Dakota Horse Park and Chippewa Downs - offering trackside betting. The only form of legal online betting is horse racing via licensed operators such as TwinSpires.

Daily fantasy sports betting is unregulated. Still, top providers like DraftKings and FanDuel offer gambling opportunities in the state.

Minimum Gambling Age Restrictions

The legal gambling age in North Dakota is 18 years old for charity games, lottery, parimutuel and daily fantasy sports betting. However, residents must be at least 21 to play casino games or bet on sports.

Gambling Tax Regulations

North Dakota outlines that state residents must pay tax on gambling winnings and are charged a 1.1% to 2.9% rate. This is in addition to the 24% withholding tax charged on gambling winnings at the federal level.

History of Gambling Laws in North Dakota

Gambling was outright banned until 1976 when games of chance were permitted for charitable purposes only. Charities were also allowed to host poker tournaments and parimutuel horse racing betting was legalised in 1987.

In 1992 the state signed compacts with the local tribes to allow them to operate casinos on their land.

The law was amended in 2002 to allow the operation of a state lottery company, with the North Dakota Lottery selling its first tickets in 2004.

An attempt was made to legalise online poker in 2005, but the Senate rejected it.

The legalisation of commercial casinos was proposed in 2017 but was not approved.

A bill to legalise sports betting made it to the Senate in 2019 but was rejected. Sports betting was finally legalised in North Dakota in December 2021, but only at three specific tribal casinos.

Key Facts

• Casino gambling is legal in North Dakota with five tribal casinos and seven smaller casino-style venues currently operating.

• Gambling online is illegal, for casino games and sports betting.

• Poker gambling is legal and available at the larger casinos.

• Online poker is illegal.

• Bingo gambling is legal, but charitable organisations can only offer games.

• Online bingo gambling is illegal.

• Lottery gambling is legal via the North Dakota Lottery (no local draw games, scratch cards or instant wins are permitted).

• Online lottery gambling is illegal.

• Sports betting is legal, but only at three tribal casinos.

• Parimutuel betting on horse racing is legal in both offline and online forms.

• Daily fantasy sports betting is unregulated but still happens in the state.