North Dakota Sports Betting
Sports betting in North Dakota is legal at retail sportsbooks in Tribal casinos.
Online betting options in North Dakota are limited to horse racing betting sites and daily fantasy sports apps.
Lawmakers have considered several bills to expand North Dakota sports betting options beyond tribal casinos but haven’t yet passed anything into law.
Legal North Dakota Betting Sites
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North Dakota Sports Betting Overview
North Dakota is home to several retail sportsbooks at tribal casinos:
- in New Town
- in Trenton
- in Belcourt
- in Hankinson
- in Watertown
Although North Dakota sports betting has not been formally legalized, tribal gaming operators opened retail sportsbooks under they reached with the state in 2013.
A section in each gaming compact addresses the forms of gaming the tribes may offer. One line in that section authorizes sports betting in North Dakota as long as it doesn’t violate the now-repealed Professional and Amateur Sports Protection Act:
G. Sports Book except as prohibited by the Professional and Amateur Sports Protection Act
The Supreme Court’s 2018 decision to overturn PASPA removed the only hurdle between tribal casinos and sportsbooks in North Dakota.
Tribal gaming leaders in 2018 to discuss the issue, and the first North Dakota sportsbooks opened two years later.
North Dakota Online Sports Betting
Online sports betting in North Dakota is not yet legal, but lawmakers are considering the idea of legalization. Two bills introduced in January 2023 open the door to legalizing online sportsbooks and mobile betting apps, albeit indirectly.
First was , which calls for a Constitutional amendment granting the legislature the authority to legalize and regulate sports betting.
HCR 3002 would not legalize online sports betting in North Dakota by itself, but it would clear the biggest hurdle proponents currently face: a provision in the North Dakota Constitution that prohibits all gambling except the lottery, charity gaming, and tribal casinos.
Lawmakers later introduced to create a sports betting task force to “develop a comprehensive statewide implementation plan for online sports betting and regulation.”
If approved, SB 2358 would have the task force create a plan that considers consumer protection, the state’s interests, and various regulatory models.
Then, the task force would draft a legislative proposal for the North Dakota legislature.
The first North Dakota sports betting sites are still a long way off, but plans are in motion, and lawmakers are seriously considering different proposals to implement their vision.
As a result, the odds of North Dakota online sports betting becoming a reality are better now than at any time in the past.
North Dakota Daily Fantasy Sports
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Daily fantasy sports sites are the closest experience to online sports betting in North Dakota.
North Dakota does not license or regulate daily fantasy sports apps, but all major DFS operators accept ND residents as customers.
The legality of DFS in North Dakota is unclear because state law makes no mention of fantasy sports contests and lawmakers have yet to pass legislation addressing the issue.
Fantasy sports games are exempt from federal anti-gambling laws, but each state still has the right to authorize or prohibit fantasy sports at the state level
It is unclear if North Dakota gambling laws can be applied to fantasy sports.
ND Century Code states it is a class C felony to conduct a “wagering pool or lottery,” However, the state also provides an exemption from the legal definition of “gambling” for contests of skill.
Currently, DFS providers consider their games to be contests of skill and operate openly in North Dakota. To date, the state has declined to take action against fantasy operators.
North Dakota Attorney General Wayne Stenehjem offered a statement a few years back that provided little help to anyone looking for legal clarity:
“If it’s a game of chance, it’s not likely legal. And if it’s a game of skill, then it would likely be legal.”
He went on to explain:
“People who say it’s a game of skill say they carefully select their players, they look at the history, all the things that go into the selection of their team and then they make their choice. The other side says its pure chance whatever is going to happen.”
In any case, most daily fantasy sports sites operate in North Dakota without issue.
North Dakota Horse Racing Betting
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Parimutuel horse wagering is legal in North Dakota at live tracks, simulcasting facilities, and via online horse racing betting sites and apps.
The North Dakota oversees the state’s two horse race tracks:
North Dakota Online Horse Racing Betting
North Dakota is unique in that it doesn’t just permit online horse betting; it actually serves as one of the country’s major advance deposit wagering licensing hubs.
The North Dakota Racing Commission numerous online horse racing betting sites and mobile horse betting apps.
Many of the largest horse betting sites hold a North Dakota Racing Commission license. Horse betting sites that are licensed in other states and jurisdictions are also permitted to offer their services to residents.
Horse racing betting sites and apps that accept customers from North Dakota include:
A handful of North Dakota (OTBs) are also available across the state:
- Sky Dancer Casino OTB
North Dakota Online Gambling
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Online casinos and poker sites are not legal in North Dakota, but Sweepstakes casinos are allowed and offer casino-style games that deliver a nearly identical experience.
The Criminal Code of North Dakota considers gambling to be any activity in which the participants risk:
“Any money, credit, deposit, or other thing of value for gain, contingent, wholly or partially, upon lot, chance, the operation of gambling apparatus, or the happening or outcome of an event, including an election or sporting event, over which the person taking the risk has no control.”
Currently, North Dakota law prohibits the operation of most online gambling sites. Lawmakers considered legislation to legalize online poker back in 2005.
Representative James Kasper in 2005 as an attempt to get North Dakota to become the first state in the US to legalize online poker and offer oversight over the industry.
Had it passed, HCR 3035 would have allowed online poker sites to relocate to North Dakota and accept wagers from 49 states.
Rep. Kasper put forth a comprehensive argument for regulating online poker, noting the potential tax revenue and safety issues that a licensing regime would have addressed.
Ultimately, HCR 3035 was defeated in the Senate with a vote that overwhelmingly rejected the proposal.
North Dakota’s gaming tribes revived the issue in 2022 by requesting amendments to their gaming compacts that would authorize statewide online sports betting.
Governor Burgum because he didn’t have the authority to expand North Dakota gambling, but he did grant the tribes two concessions: allowing them to reduce the legal gambling age from 21 to 19 at tribal casinos, and allowing patrons to use credit and debit cards.
Lawmakers don’t seem particularly interested in pushing the issue at this time so it will likely be a while before a meaningful attempt at expanding online gambling in North Dakota happens.
The legal definition of gambling in North Dakota provides exceptions for games of skill and private games in which the participants wager no more than $25 at a time.
Anyone who is caught participating in outlawed gambling games is subject to an “infraction” for which there is a fine of up to $1,000.
Anyone convicted of more than one infraction in a year may be charged with a Class B misdemeanor for which there is a fine of up to $1500 and up to thirty days of imprisonment.
North Dakota’s Criminal Code takes the “business of gambling” more seriously.
Anyone who conducts a wagering pool or lottery, receives wagers on behalf of another person, or organizes an unlicensed gambling operation can be charged with a Class C felony.
The punishment for conviction of a in North Dakota is up to five years in prison and a fine of up to $10,000.
North Dakota Online Lottery
The North Dakota Lottery was established in 2004 after voters approved a constitutional amendment authorizing the sale of tickets to multistate drawings.
The ND Lottery only sells tickets to Powerball, Mega Millions, Lucky for Life, Lotto America, and 2by2. Scratch cards are not offered.
Residents 18 and older can buy North Dakota lottery tickets online.
Players may buy a single ticket at a time or buy subscriptions to multiple drawings, for up to a year in advance.
Winnings of $599 or less are deposited directly into customers’ accounts, winnings of $600 or more must be claimed in person.
North Dakota Sports Betting FAQ
Wes Burns has more than a decade’s worth of experience as a writer, researcher and analyst in the legal gambling industry and is co-founder of ycgts.shop. As a former professional online poker player, Wes approaches his work from the viewpoint of players.