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Delaware's gambling laws are relatively permissive compared to other US states, with the Diamond State being the first to legalize online gambling. Take a closer look at Delaware's gambling regulations in the article below.

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The Delaware State Constitution deems all forms of gambling illegal unless specifically licensed by the state. What this means, in reality, is 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.Here's a look at which gambling activities are legal under existing gambling laws in Delaware.

Casino Games

Casino gambling on a physical basis within the state of Delaware has been legally permitted since 2009, with three racinos (racetrack casinos) allowed to develop their slots halls into proper casinos. Today, Delaware Park, Bally's Dover and Harrington Raceway offer various casino games, including Roulette, Blackjack and Craps, plus more than 1,500 betting/gaming machines.

Delaware was the first state in the US to legalize online casino gambling in mid-2012. Each existing land-based racinos was permitted to offer online casino games within the state. Worldwide gambling company 888 Holdings powers all three online sites, each sporting its unique skin. Delaware Park Online, Bally's Dover and Harrington Online host various online casino slots and table games such as Blackjack, Roulette and Poker.

Poker

Land-based poker is legal in Delaware for both charitable and commercial purposes. The state's three racinos offer well-stocked poker 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 brand of poker on their platform. Due to a lack of traffic upon product launch in 2015, the sites opened up their player pool to other permissive states, including Nevada, New Jersey and Michigan, resulting in a more competitive and enjoyable gaming experience.

Bingo

Bingo gambling isn't found much outside of games run for charitable purposes in Delaware. Similarly, online bingo gambling is rare, too, as the existing online casinos in the state don't offer the game on their site.

Lotteries

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

Unfortunately, Delaware residents looking to play online lottery games for real money cannot do so via the Delaware Lottery website, as it is for information purposes only. Still, residents tend not to have too much trouble accessing foreign lottery sites, although the law does not favour such activities.

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Social gambling games that take place within the privacy of your own home tend to be overlooked when it comes to gambling laws in Delaware, as long as there is no profit beyond player winnings. The legality of such modern forms of gambling as loot boxes and skins gambling is still hotly debated within the US, with these activities as yet unregulated.

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

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The Professional and Amateur Sports Protection Act (PASPA) of 1992, passed in the US to prohibit sports betting, did not apply to Delaware as the state already had its legislation regarding the activity. When PASPA was overturned in 2018, Delaware extended its laws to allow the state's existing racinos to offer sports betting. With on-site and off-site gambling, horse racing betting is also permitted in the state.

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

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Residents of Delaware looking to gamble on horse racing betting or play lottery games are permitted to 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 or over.

Tax Regulation

Delaware gambling tax regulation outlines the various tax rates each operator must pay based on the services offered. Video lottery terminals in the state bring in a 40% tax, both online and offline table games attract a 15.5% tax and sports betting operators are taxed 50%.

For residents, gambling winnings are counted for income tax purposes, with 2.2% to 6.6% tax charged depending on income. This is in addition to the 24% withholding tax on gambling winnings over $600 that's charged on a federal level.

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Delaware's permissive gambling laws most likely stem from the state's long history of gambling, with horse racing betting taking place as far back as the mid-1700s. Regarding gambling laws, horse racing betting was legally permitted back 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 legalized in Delaware in 2012, with sports betting following in 2018.

Key Facts

Delaware is known as a forward-thinking state when it comes to gambling laws. Here's a look at the key points regarding gambling in the state of Delaware:

• Casino gambling is legal in Delaware, with three racinos offering a variety of casino games.
• Online casino gambling is legal, with the three racinos having an online presence.
• Both online and offline poker gambling is 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.