Thirty-eight states offer some sort of legal sports betting. Eight of those only permit in-person wagers.
For bettors, any legal option is better than none. But for most intents and purposes, not having a legal online option is like having none.
Online wagering makes up more than 90% of total handle in states with both options. Nothing competes with the convenience of wagering from home with a click of a button, especially when most retail sportsbooks are long drives from major population centers.
38 states have some form of legal sports betting, but eight of them only permit in-person betting:
— Ryan Butler (@ButlerBets) August 20, 2024
Mississippi
Montana
Nebraska
New Mexico
North Dakota
South Dakota
Washington
Wisconsin
The rationale behind mobile legalization is obvious. Getting there is not so easy.
Here’s a breakdown of the eight in-person-only states and the likelihood they adopt online wagering.
8. Washington
Washington has arguably the strictest online gambling laws in the country. While social casinos, sweeps sites, and daily fantasy companies operate in many other states where there’s a legal “grey” area, Washington has explicit regulations forbidding online gambling.
To repeal these long-standing laws won’t likely come easily, especially since lawmakers haven’t done so in several decades.
Meanwhile, the tribes that run retail sportsbooks at their respective casinos are more than happy to attract sports bettors to their properties, where (they hope) they’ll then play more lucrative games.
Should the gaming tribes warm to the idea of online sports betting statewide (mobile bets can be placed within casino property), this could help change opinions in the legislature. For now, Washington has a strict, enforceable online gambling prohibition that doesn’t appear set to change anytime soon.
7. South Dakota
South Dakota is one of several states on this list to seriously consider online gambling. The rejection in the legislature doesn’t portend well for the future.
Voters overwhelmingly backed retail sports betting via a 2020 ballot measure at the state’s commercial casinos in the historic town of Deadwood. This led several lawmakers in the ensuing year to push for a statewide mobile authorization ballot measure.
These proposals was quickly shot down in the legislature.
As much of the country looks more favorably toward online gambling, South Dakota lawmakers’ attitudes could shift too. The legislation also leaves mobile sports betting authorization up to the voters, politically absolving lawmakers of a vote they may not want to take.
Still, lawmakers rarely support potentially unpopular legislation – especially when it's previously been rejected.
6. North Dakota
Like its southern neighbor, North Dakota lawmakers have tried to pass online sports betting. And just like South Dakota, North Dakota lawmakers rejected it.
After narrowly passing the state House, the North Dakota Senate overwhelmingly rejected the proposal to allow voters to approve mobile wagering in 2023. Again, future attitudes could shift, but it seems unlikely North Dakota elected officials pursue what has so far been a political loser.
North Dakota is also hurt by its lack of commercial casinos, small population, and low tourism potential, all factors that dissuade major sportsbook operators from lobbying for online betting in the state.
5. Nebraska
Nebraska is the most recent state where lawmakers rejected online sports betting. Introduced this summer as a way to generate new tax revenues, lawmakers punted on a vote that would have allowed mobile wagering to be approved on the 2024 ballot, then rejected that proposal entirely.
One of the nation’s most politically conservative states, Nebraska voters nevertheless resoundingly supported a 2022 proposal that allowed casino gambling and retail sportsbooks at racetracks.
ICYMI: Nebraska's online sports betting hopes are now pushed back until at least 2027 after lawmakers adjourned Tuesday without advancing enabling legislationhttps://t.co/eyCHcONnhi
— Ryan Butler (@ButlerBets) August 21, 2024
These casino operators, several of which are partnered with national sportsbook brands, wouldn’t mind online sports betting as well.
But the fresh rejection in the statehouse means it will be years until the issue is seriously considered again.
4. Montana
Montana has the political potential for online sports betting. There just hasn’t been much interest.
One of the first states to approve sports betting, Montana remains the only state where mobile betting is allowed, but only within certain licensed facilities. This sets up several hundred current or potential legal betting locations – but all require a person to physically go there, which isn't always an easy task in a sparsely populated, cold-weather state.
This is still a boon to the myriad liquor stores, bars, American Legions, and other businesses that attract bettors. The state lottery, which runs the lone “mobile” sportsbook that takes bets within these properties, also enjoys the status quo.
Combined with a similar lack of interest from the major sportsbooks, it could be a long while before policymakers press for more online betting options.
3. New Mexico
New Mexico casinos started taking in-person bets months after the Supreme Court struck down the federal wagering ban in May 2018. Not much has changed since.
Unlike most other legal sports betting jurisdictions, New Mexico started accepting wagers without additional approvals from lawmakers or voters. Tribal casino operators interpreted that they could begin operating in-person sportsbooks after the court’s decision.
No governmental group has challenged them since.
Six years later, the status quo for the handful of tribes running these in-person books remains fine. So too, apparently, for New Mexico state lawmakers who haven’t taken up any serious legislation to expand online wagering.
2. Wisconsin
Alongside Washington, Wisconsin is the only state on this list with professional sports teams. This, combined with a (comparatively) larger population than other retail-only states could spark interest from national operators in a potential digital future.
For now, the operating tribal casinos, including those in Green Bay and Milwaukee, appear content with in-person-only betting. Still, Wisconsin remains an enticing potential target.
1. Mississippi
Mississippi has come closer than most states to approving online sports betting in seemingly every legislative session since 2019. Proponents are hoping, once again, to make progress in 2025.
Despite its conservative leanings, Mississippi is one of the nation’s largest per capita casino gambling markets. It has more in-person sportsbooks per person than any state in the Southern U.S. and one of the highest rates outside Nevada.
ICYMI: DraftKings opened its retail sportsbook at Gold Strike Casino near Tunica, MS, last week, in collaboration with the operating Cherokee Nation; MGM sold the property last year; this deal gives DraftKings another foothold in the state when (or if) it approves mobile betting
— Ryan Butler (@ButlerBets) August 20, 2024
Top operators such as BetMGM, DraftKings, and Caesars already operate in-person books and would like to see that expand statewide.
Politically, lawmakers have been content with keeping the gambling industry in major tourist areas of Tunica and Biloxi. But with each passing year, and more positive views toward sports betting, proponents believe they are getting closer than ever to the 31st state with legal mobile wagering.
