Is Gambling Legal in Massachusetts?
When it comes to the legality of gambling in Massachusetts, the situation can be a bit complex. While real money online casino and online poker platforms are illegal in the state, Massachusetts does have two physical casinos that offer a wide range of poker, slots, and table games. Additionally, there is a “racino” located at Plainridge Park Casino, which is a horse racing track that also offers slot play. In addition to Plainridge Park, there are two other horse racing tracks in Massachusetts – Raynham Park and Suffolk Downs – that provide simulcasting for racing enthusiasts. Bettors can place pari-mutuel wagers both in person and online. It’s worth noting that while the state does provide a lottery at physical locations, online sales are currently unavailable.
For sports lovers, Massachusetts’ gambling laws do allow for casinos, racinos, and tracks to offer in-person sports betting opportunities. Moreover, Daily Fantasy Sports contests for cash prizes and online sports betting are expressly legal in Massachusetts. In fact, Massachusetts’ online sportsbooks went live on March 10, 2023, giving bettors even more options to enjoy their favorite sports.
Online Gambling
❌ Not legal in Massachusetts
Retail Gambling
✅ Legal in Massachusetts
Online Sports Betting
✅ Legal in Massachusetts
Retail Sports Betting
✅ Legal in Massachusetts
Daily Fantasy Sports
✅ Legal in Massachusetts
Pari-Mutuel Wagering
✅ Legal in Massachusetts
Lottery
✅ Legal in Massachusetts
Massachusetts Online Casino Laws
Playing on an online casino app or website in Massachusetts for real money is currently illegal. Massachusetts General Law Chapter 23K Section 37 explicitly states that it is unlawful to play games with a consideration element for cash or other prizes of monetary value without the appropriate license from the Massachusetts Gaming Commission (MGC). The consideration element refers to something of value that a player risks in order to participate in an activity. As of now, the MGC has not granted any licenses to online casino operators, and there are no current plans to do so. It’s important to note that the Unlawful Internet Gambling Act at the federal level also makes it a crime to play online slots and table games for real money in states where such games are illegal.
Massachusetts Land-Based Casino Laws
In 2011, Massachusetts introduced Chapter 23K to its state code, opening the door for up to three land-based commercial casinos and one racino. Since then, the MGC has granted licenses for three out of the four authorized gaming facilities. The first facility to open in Massachusetts was Plainridge Park in 2015, which functions as a racino offering both slot machines and thoroughbred racing. MGM Springfield, located in the state capital, opened its doors in 2018, followed by Encore Boston Harbor in Everett, MA, the following year. Although there is still interest in the vacant third casino license, legal issues surrounding it have complicated its issuance. All three casinos began accepting bets on sporting events on January 31, 2023, and have also partnered with online sportsbook operators in Massachusetts.
Massachusetts Sports Betting Laws
In 2022, Massachusetts enacted Chapter 23N of its state code, effectively legalizing wagering on sporting events. This Massachusetts gambling law permits licensed physical and online sportsbooks to operate within the state. It also allows casinos, racetracks, and the state’s racino to offer in-person sports betting and contract with online sportsbook operators. Additionally, the MGC has the authority to award up to seven “untethered” licenses for online sportsbooks not connected to any physical gaming establishment. The physical sportsbooks at Encore Boston Harbor, MGM Springfield, and Plainridge Park opened on January 31, 2023, and the online sports betting market followed suit on March 10, 2023.
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Massachusetts Daily Fantasy Sports Betting
Massachusetts established regulated and legalized Daily Fantasy Sports (DFS) contests in 2016. Chapter 219 of the state code created a system for overseeing DFS, and in 2018, amendments were made to clearly distinguish DFS from sports betting. Since 2016, several DFS operators, including DraftKings, FanDuel, PrizePicks, and Yahoo, have been accepting entries from Massachusetts residents.
Massachusetts Poker Laws
Playing online poker games for real money in Massachusetts is illegal according to Massachusetts Chapter 23K Section 37 and the U.S. Unlawful Internet Gambling Act. The MGC has not issued licenses for any online poker apps or websites to date and currently has no plans to do so.
Massachusetts Lottery
The Massachusetts Lottery, which began selling tickets in 1971, is the second-oldest form of legal gambling in the state. However, there haven’t been any major efforts to authorize the sale of lottery tickets online in Massachusetts.
History of Gambling in Massachusetts
Like many other U.S. states, Massachusetts had strict laws prohibiting most forms of gambling until the early 20th century. However, in 1934, Chapter 374 was added to the state code, legalizing pari-mutuel wagering on dog and horse races. Suffolk Downs, which opened in 1935, and Raynham Park, which opened in 1940, were established to meet the growing demand for horse racing. It wasn’t until 1971 that the state added the lottery as a form of gambling, giving each municipality the option to legalize charitable gambling within their jurisdictions. The legalization of land-based casinos in 2011 marked another milestone for gambling in Massachusetts, with the first facility opening four years later and two more in subsequent years. Daily fantasy sports contests were approved in 2016, and in 2022, both physical and online sportsbooks were legalized, completing Massachusetts’ current gambling landscape. Sports bettors in Massachusetts can now take advantage of Massachusetts sportsbook promo codes to enhance their betting experience.
Massachusetts Gambling Legislation – The Key Info
- MA Population: 7.03 million
- MA Gambling Handle (2022): Casinos and racino won $1.1 billion in 2022; Lottery reported $1.1 billion in profit for the 2022 financial year; MGC reported $298 million in pari-mutuel wagering handle for the 2021 financial year
- MA Gambling Commissioner: Massachusetts Gambling Commission
- MA Tax Authority: Massachusetts Department of Revenue
- MA Gambling Tax Percentage: 49% for slot games at slot parlors, 25% for poker, slots, and table games at land-based casinos, 20% for online sports wagers, 15% for in-person sports bets and online DFS contests
- Link to MA Law: https://massgaming.com/
- MA Major League Teams: Boston Bruins, Boston Celtics, Boston Red Sox, New England Patriots, New England Revolution
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Massachusetts Gambling Legislation
Massachusetts General Law Chapter 23K Section 37
Section 37. (a) Whoever conducts or operates, or permits to be conducted or operated, any game or gaming device in violation of this chapter or the regulations adopted under this chapter shall be punished by imprisonment in the state prison for not more than 5 years or imprisonment in the house of correction for not more than 21/2 years, or by a fine not to exceed $25,000, or both, and in the case of a person other than a natural person, by a fine not to exceed $100,000. (b) Whoever employs, or continues to employ, an individual in a position, the duties of which require a license or registration under this chapter, who is not so licensed or registered, shall be punished by imprisonment in the house of correction for not more than 6 months or by a fine not to exceed $10,000, or both, and in the case of a person other than a natural person, by a fine not to exceed $100,000. (c) Whoever works or is employed in a position, the duties of which require licensing or registration under this chapter, without the required license or registration, shall be punished by imprisonment in the house of correction for not more than 6 months or a fine not to exceed $10,000, or both. (d) A gaming licensee who, without the permission of the commission: (i) places a game or gaming device into play or displays a game or gaming device in a gaming establishment; or (ii) receives, directly or indirectly, any compensation or reward or any percentage or share of the revenue for keeping, running or carrying on a game, or owning the real property upon, or the location within which any game occurs, shall be punished by imprisonment in the house of correction for not more than 21/2 years or by a fine not to exceed $25,000, or both, and in the case of a person other than a natural person, by a fine not to exceed $100,000. (e) Whoever conducts or operates any game or gaming device after the person’s gaming license has expired and prior to the actual renewal of the gaming license shall be punished by imprisonment in the house of correction for not more than 11/2 years or a fine not to exceed $25,000, or both, and in the case of a person other than a natural person, by a fine not to exceed $100,000. (f) A gaming licensee who knowingly fails to exclude from the licensee’s gaming establishment any person placed by the commission on the list of excluded persons shall be punished by a fine not to exceed $5,000 or by imprisonment in the house of correction for not more than 1 year, or both, and in the case of a person other than a natural person, by a fine not to exceed $100,000. (g) Whoever willfully: (i) fails to report, pay or truthfully account for and pay over a license fee or tax imposed by this chapter or by the regulations adopted under this chapter; or (ii) evades or defeats, or attempts to evade or defeat, a license fee or tax or payment of a license fee or tax shall be punished by imprisonment in the state prison for not more than 5 years or in the house of correction for not more than 21/2 years or a fine not to exceed $100,000, or both, and in the case of a person other than a natural person, by a fine not to exceed $5,000,000.
No person engaged in the business of betting or wagering may knowingly accept, in connection with the participation of another person in unlawful Internet gambling—(1) credit, or the proceeds of credit, extended to or on behalf of such other person (including credit extended through the use of a credit card); (2) an electronic fund transfer, or funds transmitted by or through a money transmitting business, or the proceeds of an electronic fund transfer or money transmitting service, from or on behalf of such other person; (3) any check, draft, or similar instrument which is drawn by or on behalf of such other person and is drawn on or payable at or through any financial institution; or (4) the proceeds of any other form of financial transaction, as the Secretary and the Board of Governors of the Federal Reserve System may jointly prescribe by regulation, which involves a financial institution as a payor or financial intermediary on behalf of or for the benefit of such other person.
Is online gambling legal in Massachusetts?
Yes, some forms of online gambling are legal in Massachusetts. Daily Fantasy Sports contests, pari-mutuel wagering on horse races, and betting on sports are all legal activities. However, it’s important to note that online casinos and poker games for real money are currently illegal in Massachusetts.
What is the legal gambling age in Massachusetts?
The minimum age to purchase tickets for the Massachusetts Lottery is 18 years old. However, to participate in other forms of legal gambling in the state, such as casino gaming, poker, or sports betting, individuals must be at least 21 years of age.
Is sports betting legal in Massachusetts?
Yes, sports betting is legal in Massachusetts as long as you use licensed sportsbooks. The Massachusetts Gaming Commission maintains a list of approved sportsbook apps and physical locations where sports betting is allowed. By using licensed operators, you can enjoy sports betting in a safe and legal manner.
Are online casinos legal in Massachusetts?
No, online casinos that require real money wagers are not legal in Massachusetts. However, there are online slots and table games that are free to play, which are legal entertainment options for residents or visitors in the state.
What gambling sites are legal in Massachusetts?
Daily Fantasy Sports contests offered by platforms like DraftKings and FanDuel are legal and available to residents in Massachusetts. Pari-mutuel websites for horse racing enthusiasts are also legal and accessible in the state. As of March 10, 2023, Massachusetts residents can also enjoy legal online sports betting through licensed sportsbook operators such as Barstool Sportsbook, BetMGM, Caesars, DraftKings, FanDuel, and WynnBET. These sportsbooks have obtained the necessary licenses to operate legally in Massachusetts and offer a wide range of betting options.
