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North Dakota has been fairly reluctant to legalize many forms of gambling. Still, residents can enjoy several legal gambling activities in the state. Generally, most land-based gambling activities are legal in some form, while online gambling is largely illegal. Read the article below to learn about North Dakota's gambling laws.

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North Dakota's gambling laws are contained within North Dakota 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 of gambling are legal in the state, including sports betting, casino gambling, poker gambling, bingo and lottery. Online gambling is still largely illegal in North Dakota.Here's a look at how the gambling laws in North Dakota affect each type of gambling activity in turn.

Casino Games

Casino gambling is legal in North Dakota, but casino games 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, with five tribal casinos currently running in the state. In addition, charitable organizations can run Blackjack games with maximum stakes of $25. There are seven charity-run venues in North Dakota.

Online casino gambling is illegal in North Dakota. None of the existing casino gambling venues in the state are permitted to offer their games online. Those wishing to play online casino slots and card games can still access numerous foreign online casinos, with prosecution unlikely.

Poker

Poker gambling is legal in North Dakota, with all the larger casino venues hosting games on their poker tables. NL Hold'em cash games and tournaments are played regularly, mostly with medium stakes.

Online poker gambling is illegal in North Dakota. An attempt was made to legalize the activity back in 2005, but the Senate rejected it. Many online poker sites accept players from North Dakota, but the law in the state deems this type of gambling activity illegal.

Bingo

Bingo gambling is legal in North Dakota, but charitable organizations can only run games. Online bingo gambling is illegal in the state, but that doesn't stop many bingo casinos online from accepting players from North Dakota. While you could be prosecuted for doing so under existing state gambling laws, there is no record of this happening to individual players.

Lotteries

Lottery gambling is legal in North Dakota, with the North Dakota Lottery offering tickets for national draw-based games such as Powerball and Mega Millions only - no local lotteries are permitted in the state. The lottery operator is also prohibited from offering scratch cards or keno games.

Online lottery gambling is illegal in North Dakota. 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 gambling activities as illegal.

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Home-based poker games are 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 gambling, with these activities as yet unregulated in North Dakota.

While North Dakota recognizes that cryptocurrencies like Bitcoin are a form of monetary value, they are not legal tender in the state. 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 crypto games, but doing so is classed as illegal. However, there is no record of anyone being prosecuted for playing crypto casino games online.

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

Parimutuel betting on horse racing is legal in North Dakota, with two racetracks - North Dakota Horse Park and Chippewa Downs - offering trackside betting. Additional venues also offer off-track betting opportunities. The only form of online betting legal in North Dakota is online horse racing via licensed operators such as TwinSpires.

Daily fantasy sports betting is unregulated in North Dakota. Still, top providers like DraftKings and FanDuel offer gambling opportunities in the state because they are games of skill rather than chance and are, therefore, legal under the Unlawful Internet Gaming Enforcement Act.

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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.

Tax Regulation

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

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Gambling was banned in North Dakota 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 legalized in the state in 1987. In 1992, the state signed compacts with the local tribes to allow them to operate tribal 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 legalize online poker in 2005, but the Senate rejected it. The legalization of commercial casinos was proposed in 2017 but was not approved.

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

Key Facts

North Dakota has traditionally been reluctant to allow many forms of gambling, with the law defaulting to classing all forms of gambling illegal unless expressly authorized. Here's a reminder of the key points regarding gambling in North Dakota:

• Casino gambling is legal in North Dakota, with five tribal casinos and seven smaller casino-style venues currently operating in the state.
• Online casino gambling is illegal.
• Poker gambling is legal and available at the larger casinos.
• Online poker gambling is illegal.
• Bingo gambling is legal, but charitable organizations 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).
• Online lottery gambling is illegal.
• Sports betting is legal, but only at three tribal casinos.
• Online sports betting is illegal.
• Parimutuel betting on horse racing is legal in both offline and online forms.
• Daily fantasy sports betting is unregulated but deemed legal.