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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. Read more about Montana's gambling laws in the article below.

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The Montana Code sections 23-5-110 and 23-4-101 cover the rules regarding gambling in Montana, with most forms of land-based gambling legal. However, online gambling is explicitly illegal in the state, with very clear legislation passed in 2005. Gambling regulation in the state is the responsibility of the Montana Department of Justice Gambling Control Division. Here's how Montana's gambling laws affect each gambling activity.

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 licensed venues, such as bars, whose alcohol licences make obtaining a gambling licence for video poker and other machines easier.

Online casino gambling is illegal in Montana. Unlike other states, Montana explicitly mentions internet gambling in its legislation, stating that all forms are illegal. While some casino sites still allow Montana residents to sign up and play online casino slots and other such games, there is no room for interpretation regarding the law that this is illegal.

Poker

Land-based poker gambling is legal in Montana, with most poker gaming taking the form of poker machines in licensed venues. Games are also allowed for charitable purposes.

Online poker gambling is illegal in Montana. Due to the state law's very clear wording, all internet gambling is illegal unless otherwise specified, and no exception is made for online poker games. Despite this, many poker sites still allow Montana residents to sign up and play.

Bingo

Bingo gambling is legal in the state of Montana, with most of the tribal casinos permitted to offer such games. Bingo games can also be played for charitable purposes in the state. Online bingo gambling is illegal in Montana. Plenty of bingo casinos online are quite happy to accept Montanans, but players should be aware that the state considers this illegal gambling activity.

Lotteries

Lottery gambling is legal in Montana, with the Montana Lottery 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 in Montana, 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 lottery 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.

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Social casinos - sites offering casino-style games and slots using only play chips - are permitted in Montana. Home-based poker games are also allowed, as long as there is no profit beyond player winnings (i.e. no fees or rake). 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 Bitcoins or altcoins as payment. While residents will find it relatively easy to play casino games at crypto gambling sites, this would be deemed illegal gambling activity in the state.

Sportsbet laws

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Betting on horse and greyhound racing is legal in Montana as long as bets are placed at permitted venues. Sports betting is illegal in both offline and online forms. Daily fantasy sports betting is also illegal in Montana, with top sites such as FanDuel and DraftKings not accepting Montanans. However, in 2017, Montana lawmakers permitted season-long fantasy sports betting.

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

Tax Regulation

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

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Montana's gambling laws extend back to 1889, when gambling was banned. In 1939, some table games were legalized in the state of Montana. 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 legalized in 1973, including card games, raffles, bingo and sports betting pools.

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 legalized in 2017.

Key facts

Key Facts

Gambling laws in Montana are pretty unique, with the state outright banning all forms of online gambling. Here's a reminder of the main points regarding gambling in Montana:

  • 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 poker games.
  • Online poker is illegal in Montana.
  • Bingo gambling is legal and offered at tribal casinos and by charitable organizations.
  • 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 racing and greyhound racing betting is legal.
  • Both offline and online sports betting is illegal.
  • Daily fantasy sports betting is illegal, but season-long fantasy sports betting is legal.
Kevin Flynn
Contributor & US Market Expert Kevin Flynn verified symbol
Kevin is a start-up business consultant and PowerMBA. Throughout the years, Kevin has been gaining knowledge in the US Finance field, and part of his market expertise lies within the Gaming Industry. From his home in Massachusetts, Kevin contributes to CasinoTopsOnline, writing content for US players at another level. He has all the insider tips US players need to make the right choices when taking-off their online gaming experience.
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