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While New Mexico is home to many tribal casinos, it still has some catching up regarding online gambling, with such activities still deemed illegal in the state. Read on to learn all about New Mexico's gambling laws in our article below.

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Like many other US states, New Mexico's gambling laws are based on the idea that all forms of gambling are illegal unless otherwise specified. New Mexico Statutes 30-19-2 and 60-1A-1 lay out the legalities of gambling in the state.

There are a variety of legal gambling activities offered in New Mexico, but generally, online gambling is still illegal. The New Mexico Gaming Control Board is the state's main regulatory and licensing body. Here's a look at how New Mexico's gambling laws affect each type of gambling activity.

Casino Games

Casino gambling in New Mexico is legal, with the state home to 23 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 casino gambling is classed as illegal in New Mexico. Even though existing gambling legislation doesn't mention online betting specifically, the current laws are broad enough to cover it. New Mexicans wishing to play online casino slots and other games can do so via the numerous foreign online casinos. However, the state would regard this as an illegal gambling activity. That said, no players have ever been prosecuted.

Poker

Poker gambling is legal in New Mexico, but only a handful of casinos offer poker games, most in Albuquerque. Some are significant enough to host the World Poker and Heartland Poker Tour.

Online poker gambling is illegal in New Mexico. None of the existing poker venues can offer poker games online, and the state is not open to licensing foreign operators within its borders. However, many online poker sites allow residents of New Mexico to open an online account and play poker games, with the state showing very little interest in prosecuting individual players.

Bingo

Bingo gambling is legal in New Mexico, with games regularly operated by charitable organizations. Many of the state's tribal casinos offer high-stakes bingo games, too.

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

Lotteries

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

Online lottery gambling is illegal in New Mexico. The New Mexico Lottery is not permitted to offer lottery tickets or scratch cards over the Internet, with their website available for informational purposes only. State residents can play online lottery games for real money via various offshore lottery casinos. While this may be deemed illegal under current legislation, prosecution is unlikely.

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Social gambling, such as home-based poker games and casino games played using play chips via an app, is legal in New Mexico, with many residents finding it a fun alternative to gambling online. Lootboxes and skins gambling are yet to be defined in New Mexico and the US, with these activities remaining unregulated.

Even though Bitcoin is recognized as a potential currency in New Mexico and the wider US, none of the state's gambling venues accept cryptocurrencies as payment. New Mexico residents have to join crypto gambling sites to play casino games using virtual coins. Despite this being potentially classed as an illegal gambling activity, there is little likelihood of prosecution.

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Due to New Mexico's gambling laws and the overturning of the Professional and Amateur Sports Protection Act (PASPA), sports betting is technically legal in the state. That said, only one of New Mexico's casinos currently offers sports betting - Santa Ana Star Casino and Hotel - and only under certain conditions: betting on local teams is prohibited, and bets must be placed on-site. That means online sports betting remains illegal in the state. Parimutuel horse racing 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 state support for the activity when a bill was first proposed in 2015. Top DFS sites such as DraftKings and FanDuel accept players from New Mexico. Still, due to the state's definition of gambling having little to do with the distinction between games of chance and those of skill, any case brought regarding such activities would easily result in a ruling against these sites.

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

Tax Regulation

New Mexico's gambling tax 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.

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Parimutuel horse racing betting was legalized 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 tribal casinos was opened in 1995.

1995 was also the year that lottery gambling was legalized, with the New Mexico Lottery launching in 1996. In 1998, racinos were permitted to operate in New Mexico. Bingo gambling was legalized in 2009, while the construction of non-tribal casinos was legalized in 2011.

A daily fantasy sports bill was presented in 2015 but was never passed. Sports betting was legalized in New Mexico 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

While New Mexico allows a fair variety of gambling activities within its borders, it's still pretty restrictive regarding online gambling. Here's a reminder of the key points regarding gambling laws in New Mexico:

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