Legal North Dakota Gambling

North Dakota Online Gambling

On paper, the North Dakota online gambling market is limited and bound by tight restrictions. In practice, residents have access to numerous close alternatives and regulated options.

For example, state law prohibits online casinos, poker sites, and sportsbooks. However, sweepstakes casinos, sweepstakes poker sites, and fantasy pick’em apps fill the void left by North Dakota’s restrictive gambling laws.

Additionally, North Dakota offers legal online horse racing wagering and lottery ticket sales through the official state lottery website and mobile app.

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21+ and present in North Dakota. T&Cs Apply. Gambling Problem? Call 1-877-702-7848 or visit gamblernd.com.

North Dakota Online Gambling Overview

Type of Gambling
(minimum age)
Legal StatusNotes
Online Casinos
(n/a)
IllegalProhibited under NDCC §12.1-28-02
Sweepstakes Casinos
(18+)
Legal/UnregulatedOperate under “no purchase necessary” sweepstakes mode; not addressed by ND law
Online Poker
(n/a)
IllegalProhibited as an unauthorized game of chance. The state has no licensed online poker sites.
Online Sports Betting
(n/a)
IllegalStatewide online betting is not authorized. Retail sportsbooks are legal only at tribal casinos.
Daily Fantasy Sports
(18+)
Legal/UnregulatedState law does not address DFS; all major operators active in ND
Fantasy Pick’em Contests
(18+)
Legal/UnregulatedSame legal status as traditional DFS contests
Online Lottery Sales
(18+)
Legal/RegulatedND Lottery “Pick & Click” allows online subscriptions and purchases via official site/app.
Online Horse Racing
(18+)
Legal/RegulatedAccount wagering authorized under Racing Commission rules and NDCC ch. 53-06.2.

North Dakota Online Casinos

Online casinos are illegal in North Dakota.

North Dakota’s broad definition of “gambling” under NDCC §12.1-28-01 covers any activity involving risking something of value on a game of chance or the operation of a “gambling apparatus,” a definition that implicitly includes online casino games.  

Additionally, the North Dakota Attorney General’s Gaming Division, which oversees legal charitable gaming, states unequivocally that “State law prohibits even a licensed organization from conducting online gaming”.

The AG’s interpretation of the statute serves as the primary legal and enforcement barrier, making it clear that anyone operating an online casino would face immediate enforcement action.  

State law prohibits operating and using illegal online casinos, but enforcement efforts have traditionally targeted operators rather than players. That said, players who do use offshore online casinos could theoretically face legal issues.

Legalization Outlook

There is no meaningful legislative momentum to legalize online casinos in North Dakota.

The state’s conservative approach to gambling expansion has consistently rejected broader authorization of online gambling. Lawmakers have not introduced any recent bills to legalize online casinos, and public opposition to gambling expansion remains strong.​

Furthermore, Article XI, Section 25 of the North Dakota Constitution prohibits the legislature from authorizing “any game of chance, lottery, or gift enterprises, under any pretense, or for any purpose whatever” except for charitable gaming conducted by nonprofit organizations and a multi-state lottery.​

As a result, legalizing online casinos in North Dakota would require a constitutional amendment approved by voters in a statewide referendum.

Sweepstakes Casinos in North Dakota

Sweepstakes casinos operate in a legal gray area in North Dakota.

Online sweepstakes casinos use a “no purchase necessary” model compliant with NDCC ch. 53-11, which governs contest prize notices and sweepstakes disclosures. By providing free alternate methods of entry and not requiring purchases to participate, sweeps casinos distinguish themselves from illegal online gambling.

Although state law does not specifically address online sweepstakes casinos, all major brands are easily accessible in North Dakota.

Some of the most established brands active in North Dakota include:

Sweepstakes casinos are a convenient and surprisingly similar alternative, but players must keep one critical fact in mind: North Dakota does not regulate sweepstakes casinos. That means sweepstakes casinos are not subject to state oversight or consumer protection regulations. Instead, players rely on each operator’s reputation and internal policies.

Despite their current availability, the long-term legal standing of sweepstakes casinos is uncertain. The North Dakota Attorney General maintains a firm public stance against all forms of “online gaming”.

Although local regulators have not yet targeted sweepstakes operators with enforcement actions, this could change should state officials begin to perceive sweepstakes casinos as a significant problem. Their continued availability in North Dakota depends on a lack of regulatory focus rather than an ironclad legal status.

North Dakota Online Poker

Online poker is illegal in North Dakota.

State law classifies poker as a game of chance, placing it squarely within the broad definition of “gambling” prohibited under NDCC §12.1-28-01. Consequently, the Attorney General’s explicit prohibition against “online gaming” applies directly to real-money online poker.  

To date, there have been no significant legislative efforts to create a legal and regulated market for online poker in North Dakota. The state’s relatively small population would also pose a major liquidity challenge, making North Dakota an unviable online poker market without interstate poker sharing agreements.

That means lawmakers would also need to ensure that any legislation they pass includes provisions allowing North Dakota to join interstate compacts, such as the Multi-State Internet Gaming Agreement (MSIGA). That’s not an impossible challenge, but neither lawmakers nor industry stakeholders have shown much interest in seriously pursuing online poker legislation.

For the foreseeable future, sweepstakes poker sites will remain the closest viable alternative available online in North Dakota.

North Dakota Online Sports Betting

Online sports betting is illegal in North Dakota.

Retail sportsbooks operate in North Dakota, but online sports betting remains prohibited despite numerous legislative attempts.

NDCC Title 53 authorizes pari-mutuel wagering and charitable games but excludes sports betting outside of tribal compacts.

Multiple legislative attempts to authorize online sports betting in North Dakota have failed. A 2021 bill passed the House but failed in the Senate, and a subsequent effort, HCR 3002, also failed to advance in 2023.

Lawmakers revived HCR 3002 in 2025, but it also ended in defeat. Strong opposition came from representatives concerned about impacts on charitable gaming, university officials worried about student-athletes, and religious organizations opposing gambling expansion.

Statewide legalization would require amending the state constitution, a process that must begin in the legislature and culminate in a public vote.  

Legalization Outlook

Efforts to legalize online sports betting in North Dakota will continue to struggle due to strong opposition, the multi-year process required for a constitutional amendment, and the fact that the legislature only meets in odd-numbered years.

North Dakota Daily Fantasy Sports

Daily fantasy sports apps are legal but unregulated in North Dakota.

Like many other states, North Dakota tolerates daily fantasy sports contests but has never formally addressed their legal status.

The North Dakota legislature has not passed any laws to formally legalize, regulate, tax, or prohibit fantasy sports contests.

In 2015, then-Attorney General Wayne Stenehjem issued a statement on DFS legality, saying: “If daily fantasy sports are a game of chance, it’s not likely legal, and if it’s a game of skill, then it would likely be legal”. However, the AG’s office has never issued a formal legal opinion on the matter.

Under the current status quo, which appears unlikely to change anytime soon, all major fantasy sports apps operate openly in North Dakota.

Fantasy Pick’em Contests in North Dakota

Fantasy pick’em contests operate in a legal gray area similar to traditional DFS.

Pick’em-style fantasy contests, where users predict whether individual athletes will exceed projected statistical benchmarks, are available from multiple operators in North Dakota.​

Although North Dakota does not regulate fantasy pick’em apps, the following operators are licensed in numerous other states and serve ND residents:

Legal Considerations

North Dakota has not issued specific guidance on pick’em contests. They exist in the same unregulated space as traditional DFS.​

Some states have classified pick’em contests as sports betting due to their player-vs-house structure and similarity to prop bets. North Dakota regulators have not taken that position, allowing pick’em platforms to continue operating.​

The minimum age to participate is typically 18, though some platforms require users to be 19 or 21, depending on their terms of service.​

North Dakota Online Lottery Sales

Online lottery sales are legal and regulated in North Dakota.

The North Dakota Lottery operates a “Pick & Click” program that allows residents to purchase lottery tickets online through the official lottery website and mobile app.​

Customers can use Pick & Click to buy lottery tickets online for a handful of multi-state draw games:

The ND Lottery does not offer scratch cards, instant win games, or keno online.

Key Requirements

  • Age: Players must be 18 or older​
  • Location: Purchases must occur within North Dakota
  • Identity Verification: Players must provide their Social Security Number for identity verification to confirm they are North Dakota residents aged 18+​
  • Winnings: Prizes up to $599 are automatically deposited into the player’s wallet; winnings of $600 or more require verification and must be claimed through the lottery​

 Online Horse Racing Betting in North Dakota

Online horse racing betting is legal and regulated in North Dakota.

Not only does North Dakota permit advance deposit wagering (online horse racing betting), but it also serves as a national licensing hub for online racebooks.

The North Dakota Racing Commission (NDRC) oversees advance deposit wagering and regulates all in-state pari-mutuel wagering.

The NDRC is responsible for issuing licenses to ADW “Service Providers” (ADWs) and “Site Operators” that conduct online account wagering.

The commission’s official website lists numerous licensed ADWs, including major national brands such as:

North Dakota Gambling Regulators

Several state agencies regulate gambling in North Dakota:

  • Attorney General’s Gaming Division: Regulates all licensed charitable gaming in North Dakota. Its oversight includes games such as bingo, pull-tabs, poker, and sports pools when conducted by eligible nonprofit organizations.
  • North Dakota Racing Commission (NDRC): Regulates all live, simulcast, and advance deposit wagering in North Dakota.
  • North Dakota Lottery: Administers, regulates, and promotes North Dakota’s lottery games. Its responsibilities include managing the “Pick & Click” online sales platform and ensuring compliance with laws that restrict its offerings to multi-state draw games.

Responsible Gambling Resources in North Dakota

North Dakota provides comprehensive resources for individuals experiencing gambling-related harm.

A significant gap in North Dakota’s responsible gambling framework is the absence of a unified, statewide voluntary self-exclusion program. This is a direct result of the state’s fragmented regulatory system, where no single agency has the authority to maintain a comprehensive exclusion list that applies to all forms of gambling.

Consequently, an individual seeking to ban themselves from gambling must contact each tribal casino, the state lottery, and charitable gaming venues individually, creating a significant barrier for those in need of help.

Self-Exclusion Resources

North Dakota does not operate a centralized statewide self-exclusion program covering all forms of gambling.​

Individual gaming venues and platforms may offer voluntary self-exclusion options:

  • Tribal casinos may maintain their own self-exclusion lists
  • Online lottery players can contact the North Dakota Lottery for assistance
  • Daily fantasy, sweepstakes casinos, and online racebooks typically offer self-exclusion options within customers’ account settings

Responsible Gambling Organizations

  • GamblerND: Provides information, support, and referrals for treatment. Players may call 2-1-1 for assistance.
  • HHS Behavioral Health Division: Provides free problem gambling services regardless of insurance coverage, financial status, or ability to pay.
  • National Council on Problem Gambling (NCPG): Operates a national helpline offering free, 24/7 confidential support. Help is available by calling or texting 1-800-GAMBLER.
  • Gamblers Anonymous: A peer-support fellowship for individuals recovering from a gambling problem. Information on local meetings in North Dakota is available on the organization’s official website.

North Dakota Online Gambling FAQ

Only certain forms of online gambling are legal. The state authorizes and regulates online ticket sales through the official North Dakota Lottery website and advance deposit wagering. Other forms of online gambling are either illegal or unregulated.

No. State law unambiguously prohibits operating or patronizing online casinos.

Sweepstakes casinos operate in a legal gray area. They are not explicitly prohibited or authorized by North Dakota law, which allows them to be accessible to players. However, they are not regulated by the state, and their long-term legal status remains uncertain.

Customers must be 18+ to buy lottery tickets and bet on horse races online in North Dakota. Most platforms that operate in unregulated verticals (sweepstakes casinos, daily fantasy sports, etc.) require users to be 18+.

Yes, but sports betting is restricted to in-person wagers placed at retail sportsbooks located within tribal casinos. Statewide online sports betting is illegal in North Dakota.

Yes. Because sports betting is regulated by tribal gaming commissions rather than a single state law, there are no prohibitions on wagering on in-state collegiate teams. Bets on teams like the North Dakota State University Bison and the University of North Dakota Fighting Hawks are accepted at tribal sportsbooks.

Yes. You can legally purchase tickets for multi-state draw games, such as Powerball and Mega Millions, through the North Dakota Lottery’s official “Pick & Click” service. This service is available on the lottery’s website and through its “Players Club” mobile app.

Yes. All gambling winnings are considered taxable income, and you must report them on both your federal and state income tax returns. North Dakota taxes gambling winnings as regular income according to its progressive tax brackets. For certain large wins, operators are required to provide you with an IRS Form W-2G.