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Sovereign state
North America
ISO US

United States: gambling regulation and licensing

United States of America

  • Online sports bettingRegulated
  • Online casinoRegulated
  • Land-based (reference)Regulated
Regulator
National Indian Gaming Commission
Headline tax
Not yet verified
Licence required
Yes
Last verified
30 Aug 2026

Summary

There is no federal gambling regulator in the United States and no federal gambling licence. Authority sits with the states, and the practical consequence is that almost every question about American gambling has fifty different answers. Tax rates run from 6.75% in Nevada to 51% in New York; a state may authorise sports betting and still prohibit online casino, which most of them do. That structure was settled on 14 May 2018, when the Supreme Court struck down the Professional and Amateur Sports Protection Act in Murphy v. NCAA. The ruling did not legalise sports betting: it held that Congress could not order states not to authorise it, which left each state to decide. Three federal statutes still set the outer bounds. The Wire Act of 1961 reaches interstate sports wagering, its scope finally settled by the First Circuit in 2021 after a decade of reversed Department of Justice opinions. The Unlawful Internet Gambling Enforcement Act of 2006 governs payment processing and is not a barrier to state-licensed operators. The Indian Gaming Regulatory Act of 1988 governs tribal gaming, and the National Indian Gaming Commission that administers it is the only federal gaming regulator there is.

Common pitfalls

The National Indian Gaming Commission regulates tribal gaming only. It does not license commercial or online operators, and there is no federal body that does. Every licensing, tax and legality question is a state question.

Key facts

Regulator
National Indian Gaming Commission (NIGC)
Regulator type
Dedicated regulator
Headline tax
Not yet verified
Licence required
Yes
Minimum age
Not yet verified
Tax base
Not yet verified
Capital
Washington, D.C.
Currency
USD
Official languages
English

Licensing

Licence required
Yes
Application window
Not yet verified
Local establishment required
Not yet verified
Local server required
Not yet verified

Advertising

Advertising permitted
Yes
Affiliate rules
Affiliates are not separately licensed federally. The licence that matters is the one held in the state where the customer is located.
Celebrity and influencer rules
Rules vary by state. Ohio bans marketing to under-21s including all college campus advertising; most licensed states prohibit advertising directed below the legal age.
Penalties for breach
Enforcement is by state regulator. Ohio collected more than $1 million in advertising and conduct fines in its first year of legal sports betting.

Restrictions

  • There is no federal gambling advertising regulator and no national advertising code. Advertising is regulated state by state as a condition of each state licence.
  • The consequence is that a single national campaign has no one standard to meet: Ohio bans describing an offer as free or risk-free, New Jersey mandates specific wording, and Utah has no lawful gambling to advertise at all.
  • Federal law bears on the underlying activity rather than on advertising standards, and general federal consumer protection against deceptive advertising applies alongside state rules.
  • Since the Supreme Court struck down PASPA in 2018, states have set their own positions, and both the licensed verticals and the advertising rules differ materially between them.
  • Tribal gaming operates under its own federal framework, which adds a further layer to what may be offered and therefore promoted.

Outlook

Nothing suggests federal licensing. The live federal questions are narrower: the tax treatment of gambling losses, prediction markets regulated by the Commodity Futures Trading Commission rather than by gaming regulators, and the reach of the Wire Act over interstate liquidity sharing.

Frequently asked questions

Is there a United States gambling licence?
No. There is no federal gambling licence and no federal regulator of commercial gambling. Operators are licensed state by state.
What did Murphy v. NCAA decide?
That the federal ban on states authorising sports betting was unconstitutional commandeering. It left the decision to each state rather than legalising sports betting itself.
Is online casino legal in the United States?
In a small minority of states only. Most states that allow online sports betting still prohibit online casino.

iGT coverage of United States

The Supreme Court Leaves Red Rock Facing an Order to Bargain With the Union
Corporate

The Supreme Court Leaves Red Rock Facing an Order to Bargain With the Union

Chief Justice John Roberts denied Red Rock Casino's emergency application on Friday without comment, leaving in place a DC Circuit judgment that the resort must recognise and bargain in good faith with the Culinary Union. The dispute runs back to a 2022 finding that a fair election could not be held at a Station Casinos property.

Primero Buys Win Systems' Gaming Division and 3,000 Positions in Latin America
M&A

Primero Buys Win Systems' Gaming Division and 3,000 Positions in Latin America

The Georgia manufacturer has bought the gaming operations arm of Win Systems, including its Gold Club electronic-roulette business, taking on an installed base across Mexico, Peru, Colombia, Puerto Rico and Panama. Terms were not disclosed, and the deal turns a US regional supplier into a Latin American one overnight.

Underdog Drops Fantasy in Seven States to Keep Its Prediction Markets Running
Prediction Markets

Underdog Drops Fantasy in Seven States to Keep Its Prediction Markets Running

Told by regulators in Maryland, Massachusetts, Michigan, Mississippi, New Jersey, Ohio and Pennsylvania that it could not offer both, Underdog has chosen its CFTC-registered event contracts over the draft games that built the company. Drafts close in those states on Wednesday evening, after the NFL season kicks off.

Springfield Sues MGM, and MGM Says the City Is Blocking a Sale of the Casino
Corporate

Springfield Sues MGM, and MGM Says the City Is Blocking a Sale of the Casino

The City of Springfield has taken MGM Resorts to Hampden Superior Court over alleged breaches of the 2013 host community agreement, from employment levels to a downtown building left behind scaffolding for seven years. MGM calls the suit frivolous and says the real story is a proposed sale to a "well-qualified casino operator" that the mayor's office has stalled since early 2024.

Nevada's Regulator Calls Kalshi's Contracts Bets and Kalshi Vows to Fight On
Regulatory

Nevada's Regulator Calls Kalshi's Contracts Bets and Kalshi Vows to Fight On

The Nevada Gaming Control Board used its first meeting after the Ninth Circuit ruling to say sports event contracts are sports bets, full stop. Kalshi's co-founder says the company will keep arguing for a single federal regulator, and New Jersey has now asked the Supreme Court to settle it.

Massachusetts Creates an Exclusion List for Bettors Who Harass Athletes
Regulatory

Massachusetts Creates an Exclusion List for Bettors Who Harass Athletes

The Massachusetts Gaming Commission will use its existing exclusion powers to bar bettors found to have harassed or threatened athletes from every licensed sportsbook and casino in the state. Leagues, players' unions, colleges, venues and athletes themselves can report incidents to a new portal, and the commission's enforcement bureau can subpoena operators to identify anonymous accounts.

Illinois Lawmaker Files a Bill to Repeal the State's Prediction Market Tax
Prediction Markets

Illinois Lawmaker Files a Bill to Repeal the State's Prediction Market Tax

HB 5811 would strike the exchange wager tax Illinois enacted in its budget less than three months ago, along with the definition that brought prediction markets inside the Sports Wagering Act. The tax is already being challenged in court by Kalshi and the Commodity Futures Trading Commission, and the bill would not end that fight.

AGA: Legal NFL Handle Flat at $29.5bn as Prediction Markets Take the Growth
Sports Betting

AGA: Legal NFL Handle Flat at $29.5bn as Prediction Markets Take the Growth

The American Gaming Association expects Americans to bet $29.5 billion legally on the 2026 NFL season, up barely at all on last year's $29.4 billion. Its chief executive says the reason is "backdoor sports betting" on prediction markets, and the numbers it cites for Novig, Rothera and Underdog explain why.

Sources

  1. National Indian Gaming Commission

    United States Government

    Tier 1Accessed 22 Aug 2026
  2. Tier 1Accessed 22 Aug 2026Published 14 May 2018
  3. Tier 2Accessed 22 Aug 2026

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This page is industry reference information and not legal advice.

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