New Mexico Online Gambling
The New Mexico online gambling landscape is one of the most restrictive in the United States. State law does not authorize any form of commercial online gambling, leaving residents with limited and unregulated options.
Online casinos, poker sites, and online sports betting are illegal under New Mexico’s broad anti-gambling statutes. As a result, many residents turn to alternatives that operate in legal gray areas.
Sweepstakes casinos provide casino-style games, and daily fantasy sports apps are widely available, though neither is formally regulated by the state. The New Mexico Lottery does not sell tickets online, and courier apps do not serve the market.
Read on for a complete breakdown of New Mexico’s online gambling laws, a look at the available alternatives, and information on how to participate safely and responsibly.
Legal New Mexico Gambling Sites
21+ and present in NM. T&Cs Apply. Gambling problem? Call 888-696-2440 or visit rganm.org.
New Mexico Online Gambling Overview
| Type of Gambling (minimum age) | Legal Status | Notes |
| Online Casinos (n/a) | Illegal | Prohibited under NM Stat § 30-19-2 |
| Sweepstakes Casinos (18+) | Contested | State law does not address sweepstakes casinos; NMGCB considers them illegal, but major operators remain active in NM |
| Online Poker (n/a) | Illegal | Treated the same as online gambling (unlawful) |
| Online Sports Betting (n/a) | Illegal | Online sports betting prohibited under general gambling laws |
| Daily Fantasy Sports (18+) | Legal/Unregulated | State law does not address DFS; major operators active in NM |
| Fantasy Pick’em Contests (18+) | Legal/Unregulated | Same legal status as standard DFS contests |
| Online Lottery Sales (n/a) | Illegal | NM Lottery does not offer online sales; Jackpocket exited after AG opinion |
| Online Horse Racing 18+) | Legal/Unregulated | State law does not address advance deposit wagering; major operators active in NM |
New Mexico Online Casinos
Online casinos are illegal in New Mexico.
New Mexico’s gambling laws prohibit games of chance unless specifically authorized by statute, and the New Mexico Gaming Control Board (NMGCB) has issued explicit public warnings stating that online casinos are illegal.
The NMGCB warns residents that companies advertising online casino games are making false claims of legality and that both operators and players may be subject to criminal prosecution.
On its official website, the NMGCB states:
“Internet gambling is expressly prohibited by Federal law. This falls under 31 U.S.C.A. §5361, Unlawful Internet Gambling Enforcement Act. The State of New Mexico, and the New Mexico Gaming Control Board do not regulate, license, control or in ANY way sanction, endorse or approve any Internet or on-line gambling, betting activity, wagering or any aspect thereof.”
Legalization Outlook
The prospect of legalizing real-money online casinos in New Mexico is low for the foreseeable future. There is no legislative momentum or political appetite to introduce the necessary legislation. Any such effort would face formidable obstacles, including the state’s historically conservative stance on gambling expansion and the complex legal landscape dominated by tribal gaming.
The tribal-state gaming compacts grant tribes exclusivity over casino-style gaming in the state. Legalizing online casinos would likely constitute a violation of these compacts, jeopardizing the significant revenue-sharing payments the state receives from tribal operations.
Overcoming these challenges would require a comprehensive and politically challenging renegotiation of all tribal compacts, an undertaking for which there is currently no support.
Sweepstakes Casinos in New Mexico
Sweepstakes casinos operate in a legal gray area in New Mexico.
State law does not explicitly address real money sweepstakes casinos, but the New Mexico Gaming Control Board (NMGCB) considers them illegal.
In a statement, the NMGCB urged residents to “refrain from participating in any online gaming activities.” The announcement directly addressed sweepstakes casinos, stating unequivocally that they constitute illegal gambling under state law.
Despite the regulatory warnings, most major sweepstakes casino brands continue to serve New Mexico residents. Prominent operators available in New Mexico include:
Typical sweepstakes casinos use a “no purchase necessary” model, offering casino-style games for virtual currency that players can obtain free of charge or as bonuses when purchasing non-redeemable coins.
However, the NMGCB cannot resolve complaints or disputes arising from these illegal sites, and players have little recourse for recovering lost funds. The agency has made clear that advertisements for sweepstakes casinos often target unsuspecting individuals and should be viewed with extreme caution.
Legal Considerations
Although enforcement actions have historically focused on operators rather than individual players, the NMGCB’s public warnings indicate that participating in sweepstakes casinos carries legal risk. The agency stated that these platforms violate state gambling laws, and users who engage with them do so at their own peril.
New Mexico Online Poker
Online poker is illegal in New Mexico.
State law does not differentiate between online poker sites and other forms of casino gambling. As such, online poker falls under the same general prohibitions against unauthorized gambling defined in NM Stat § 30-19-2.
The legal reasoning is straightforward: poker involves risking money on an outcome that is, at least in part, determined by the chance of the cards dealt. In short, real-money poker meets the state’s definition of a “bet” and is therefore considered illegal gambling.
There is no exemption for games of skill, which makes any argument about poker’s strategic elements legally irrelevant under current New Mexico statutes.
The only available alternatives for New Mexico residents are sweepstakes poker sites. These platforms operate on the same “no purchase necessary” model as sweepstakes casinos, allowing them to function in the state’s legal gray area. However, like their casino counterparts, they are not regulated by any New Mexico authority.
Legalization Outlook
New Mexico has never seriously considered legislation to authorize online poker, and any such bill would face the same constitutional and tribal-compact hurdles as online casinos.
Given the state’s cautious approach to gambling expansion, legalization of online poker appears unlikely in the near term.
New Mexico Online Sports Betting
Online sports betting is illegal in New Mexico.
Tribal casinos operate retail sportsbooks in New Mexico, but the state has never passed legislation to authorize sports betting. Instead, tribal casino operators leveraged their existing gaming compacts with the state to open retail sportsbooks.
The tribal-state gaming compacts authorize all forms of Class III gaming, which includes sports betting under the federal Indian Gaming Regulatory Act (IGRA).
New Mexico’s unique legal landscape explains why it was one of the first states to offer legal sports betting, yet it has made no progress on expanding it beyond tribal lands.
Legalization Outlook
The current legal and political landscape does not paint an optimistic picture for New Mexico legalizing online sports betting anytime soon.
Numerous legislative efforts to legalize and regulate online sports betting in New Mexico have failed to pass.
One significant obstacle is reaching a consensus between the state’s tribes, which want to maintain exclusivity, and its horse racing tracks, which want to be included as licensed operators.
In fact, tribal leaders appear more intent on protecting their current sports betting monopoly than on expansion. For example, in mid-2025, tribal leaders (notably the Mescalero Apache) urged lawmakers to crack down on sports prediction markets like Kalshi that threaten tribal interests.
Any future efforts to legalize online sports betting in New Mexico will likely require a deal that satisfies tribal concerns, perhaps by giving tribes a prominent role or revenue share in any new system. Until that happens, online sports betting will remain on hold in New Mexico.
New Mexico Daily Fantasy Sports
Daily fantasy sports are legal but unregulated in New Mexico.
State law does not address daily fantasy sports, but all major DFS operators serve New Mexico residents under the premise that fantasy contests are games of skill rather than gambling.
Major fantasy sports brands like DraftKings and FanDuel operate in New Mexico, and state authorities have not challenged their operations.
New Mexico is one of several states where DFS exists in a legal gray area—neither explicitly authorized nor prohibited. Lawmakers considered regulating daily fantasy sports in 2016, but strong tribal opposition derailed the effort. Tribes argued that authorizing DFS would constitute a form of statewide gambling that excluded them, potentially violating revenue-sharing agreements in their gaming compacts.
Fantasy Pick’em Contests in New Mexico
Fantasy pick’em contests are legal but unregulated in New Mexico.
Numerous DFS operators in New Mexico offer pick’em-style contests, which require players to predict whether athletes will achieve more or less than projected totals for stats like passing yards and three-pointers.
Although regulators in numerous other states have banned or restricted pick’em contests, arguing they too closely resemble prohibited proposition bets on sports, New Mexico authorities have not taken such action. Neither the Attorney General nor the Gaming Control Board has issued public statements on the legality of fantasy pick’em contests in New Mexico.
There has been no public statement or enforcement effort from the Attorney General or the NMGCB specifically targeting the pick’em format.
This inaction allows operators to offer these games to New Mexico residents under the same skill-game argument used for traditional DFS. The long-term legal status of these contests remains uncertain and is subject to any future changes in regulatory interpretation.
Major fantasy pick’em operators that accept players from New Mexico include:
New Mexico Online Lottery Sales
Online lottery sales are illegal in New Mexico.
The New Mexico Lottery does not offer direct online ticket sales through an official app or website. Players may only buy lottery tickets in person at licensed retail locations.
From April 2022 to March 2025, the Jackpocket app operated in New Mexico under a memorandum of understanding with the New Mexico Lottery Authority. The app allowed users to order tickets through a mobile platform, and Jackpocket would purchase physical tickets on their behalf at Circle K locations in Albuquerque.
In February 2025, New Mexico Attorney General Raúl Torrez issued a formal opinion stating that Jackpocket’s operations violated state law. The opinion identified four legal problems with the Jackpocket arrangement:
- Jackpocket constituted “internet gaming,” triggering a provision in tribal gaming compacts requiring the state to reopen good faith negotiations
- Online lottery sales violated state laws prohibiting accepting fees for transmitting gambling funds on “any unknown or contingent future event”
- Jackpocket lacked written authorization from the New Mexico Lottery Authority CEO to sell lottery tickets
- The business model violated state laws prohibiting reselling lottery tickets without proper authorization
Following the attorney general’s opinion, Jackpocket suspended operations in New Mexico in March 2025. Since then, New Mexico has not permitted online lottery sales in any capacity.
Online Horse Racing Betting in New Mexico
Online horse racing betting is legal but unregulated in New Mexico.
Advance deposit wagering platforms (ADWs) are available to New Mexico residents, although state law does not formally regulate or license such operators.
The New Mexico Racing Commission (NMRC) oversees live pari-mutuel wagering at racetracks, but it has not adopted administrative rules that extend its oversight to online horse racing betting.
Lawmakers are aware of New Mexico’s regulatory shortcomings when it comes to online horse racing betting and have tried to formally authorize and regulate the activity.
For example, HB 636 (2019) and HB 199 (2021) each proposed defining and authorizing ADWs under specific rules, including racetrack-based licensing, financial responsibility requirements, and third-party partnerships. However, neither measure became law, leaving ADW in a tolerated but unregulated category.
Fortunately for New Mexico horse racing fans, several prominent and reputable ADWs serve the market:
New Mexico Gambling Regulators
Multiple agencies oversee gambling activities in New Mexico, with distinct responsibilities for different gaming sectors.
- New Mexico Gaming Control Board (NMGCB): The primary regulatory body for all tribal casino gaming in the state. It oversees the state-tribal gaming compacts, ensures compliance, and regulates gaming machine manufacturers and distributors.
- New Mexico Racing Commission (NMRC): This agency has jurisdiction over all pari-mutuel horse racing and wagering in the state. Its responsibilities include licensing racetracks, horse owners, trainers, and advance deposit wagering (ADW) operators.
- New Mexico Lottery Authority: A government corporation that operates and oversees the state lottery. It manages game offerings, retailer licensing, and prize payments.
Responsible Gambling Resources in New Mexico
New Mexico provides a network of resources for individuals seeking information, support, or treatment for problem gambling. These services are funded by gaming revenue and offered through non-profit organizations and state-managed programs, ensuring that assistance is available to residents.
New Mexico Self-Exclusion Resources
- NMGCB Self-Exclusion Program: The New Mexico Gaming Control Board (NMGCB) administers a statewide voluntary self-exclusion program. Individuals can fill out a “Request for Self-Exclusion” form to be banned from all tribal casinos and racetrack casinos in New Mexico. The process requires scheduling an appointment with an NMGCB agent to submit the application in person.
- Property-Specific Self-Exclusion: Individuals also have the option to self-exclude from single casinos or racetracks. Guests can request self-exclusion by contacting the security or management department at the specific property and completing a self-ban form.
- Online Gambling Self-Exclusion: New Mexico does not offer a statewide self-exclusion program for online gambling because it does not regulate online casinos, poker sites, daily fantasy sports apps, or horse racing betting platforms. However, most platforms offer individual self-exclusion programs accessible via customers’ account settings.
New Mexico Responsible Gambling Organizations
- New Mexico Council on Problem Gambling (NMCPG): A non-profit organization dedicated to public awareness, prevention, and providing support. It operates a 24/7 confidential helpline for crisis intervention and referrals to treatment providers. Call: 1-800-572-1142.
- Responsible Gaming Association of New Mexico (RGANM): An association that provides educational materials and funds a 24/7 problem gambling helpline and treatment services across the state. Call: 888-696-2440.
- National Council on Problem Gambling (NCPG): A national resource that provides support and referrals through its 24/7 helpline: 1-800-522-4700.
- Gamblers Anonymous: A fellowship that offers peer support for individuals recovering from a gambling problem through local meetings held across the state.