Gambling Laws In West Virginia
Even though PASPA has finally been eliminated, there are still a pair of federal laws that restrict sports betting across the country (albeit to a much smaller, less destructive degree than PASPA). With the Federal Wire Act of 1961 and the Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA) still in play – and even with the gambling laws in West Virginia currently being reshaped – there are a few hindrances put on gambling. The biggest effect that these laws have is the complete prohibition of the business of gambling or facilitating bets for profit without a state-sanctioned license. This is intended to put a stop to organized crime, corruption, and racketeering while leaving a recreational bettor largely unaffected. The simple act of placing a bet is not illegal under these laws provided that it is not for profit other than personal winnings.
Stay on this page as we'll take you down the list of West Virginia gambling laws that readers need to be sure to pay special attention to. Along the way, we'll talk about why certain online gambling sites are legal for West Virginia and why others may not be, plus cover a few other important details like the legal age to gamble in WV. If we fail to cover anything you have a question about, feel free to search out the West Virginia gambling code online on the state legislature's website.
Supreme Court Gets Rid Of PASPA, Making West Virginia Sports Betting Legal
By a vote of 6-3 (with one dissenting judge effectively abstaining), the Supreme Court got rid of PASPA, making West Virginia sports betting legal. Now, the state is in a position to recoup all the lost revenue that the Professional and Amateur Sports Protection Act of 1992 has cost them, which should pump hundreds of millions of dollars into the WV government's coffers each year (and add billions more to the overall local economy). The elimination of PASPA is a true financial windfall for the Mountain State.
However, there will still be a wait for WV sports bettors who wish to wager in state casinos and at various racinos and other licensed locations, as the state legislature passed SB 415, giving authority to create a regulatory sports betting framework to the West Virginia Lottery. The good news is that the WV lottery has been working quickly and will likely roll out legal in-state sports betting by fall of 2018 at the latest, with other aspects - like online betting services - coming later.
That said, online sports betting remains the most convenient way to bet on your favorite teams and players, and it may be many months before you can enroll in a proper state-sanctioned solution. Of course, you can always continue to bet at your favorite WV offshore sportsbooks like Bovada, BetOnline, BetDSI, and other top sites. These services remain 100% safe and legal to use by all West Virginia residents.
It is written in the gambling laws for West Virginia that there is a penalty for betting on games of chance or furnishing money or a thing of value to do so (under §61-10-5 of the West Virginia Code). The listed misdemeanor punishment for gambling is a fine of up to $500 and/or jail time between 10 and 30 days.
It should be noted, however, that there does not appear to be much enforcement on any illegal betting on games of chance. So long as residents of West Virginia abide by the same rules already in place by federal law and do not engage in the business of gambling or facilitating bets for profit without a license from the state, they will likely be ignored for whatever home poker games are taking place throughout the region. Anything more than these small and recreational activities will result in being slapped with a felony which could garner up to 5 years in prison.
The State of West Virginia does, however, provide exceptions to gambling with plenty of regulated and legalized options for those in the Mountain State. Licensed dog racing and horse racing in a pari-mutuel betting environment is authorized as well as a number of video lottery games within licensed casinos. Bingo and raffles held by charitable organizations are accepted under West Virginia state law, however, keeping table games and certain devices in such an establishment is still illegal. There is live poker available in most gambling facilities in the Mountain State to alleviate the lack of other casino games, but the new sports betting industry coming to WV may well encourage the state to open up its other gambling laws in the future.
Land-Based Gambling In West Virginia
There are five state-licensed gambling facilities in the state of West Virginia for residents to take advantage of, four of which are racinos which offer pari-mutuel betting on racetracks as well as some limited casino games and live poker. The Mountaineer Casino, Racetrack and Resort located in New Cumberland remains a popular choice for those in the region, as this casino offers a more traditional Las Vegas-styled experience along with Grade 2 racing, including the West Virginia Derby on the first Saturday in August each year. The casino is allowed to have slot machines and, in 2007, the casino acquired permission from the state and was authorized to have 50 casino table games including blackjack, poker and roulette, making this the most legitimate gambling destination in the entire state. Sports betting is likely to come here first and foremost before being rolled out to the rest of West Virginia.
Online Gambling In West Virginia
Even though there are not as many land-based gambling options in West Virginia as there are in other states, there is always the vastness of the internet which every resident in the Mountain State is allowed to access to patronize legal online gambling sites, provided they do not violate federal laws. The West Virginia gambling regulations do not have any mention of gambling over the internet, so federal laws remain the guiding light to what can and cannot be accomplished online. As stated earlier on this page, the simple act of placing a bet is not illegal in the United States, but the business of gambling and facilitating bets for a profit (sans license) absolutely is. This means that those of us in West Virginia who wish to wager online must find an online gambling site which is located outside of U.S. federal jurisdiction in order to be legal.
There are a vast number of reputable sites which are safe to use that are located in places such as the United Kingdom, Europe, South America and even as nearby as neighboring Canada, and a great number of them are even intended for an American audience despite their foreign locations. These sites have been in business for decades and offer all of the major forms of gambling you'd expect from the best Vegas casino. Although it may seem questionable to trust a foreign service, it is important to remember that these businesses are successful only because of the satisfaction of their users and members, and they must adhere to their own stringent online gambling and banking laws.
Popular Gambling Options In West Virginia:
Online Sportsbooks - Online Casinos - Online Poker
Bovada stands as one the most highly regarded online gambling sites on the entire internet with having spent many years in the industry refining its service. Having started as the American company 'Bodog', Bovada is based in Canada only due to changing U.S. regulations which forced them to move their operation to just outside of Montreal in order to continue to facilitate bets for Americans. They happen to offer all forms of wagering including horse betting, online poker, web-based casino games and even betting on sports.
In fact, the online sportsbook is tops in the industry with strong endorsements from USA Today, ESPN and CBS Sports, all of whom use Bovada's odds and lines for their sports reporting. Mountaineer and Thundering Herd fans are able to bet on all of their favorite college sports, players and leagues whether they are local favorites, or lesser known international events. The online sportsbook also happens to have very generous rewards for new members who make their first deposit. Bovada applies a 100% bonus to the initial deposit which can be worth up to $250 for betting on any prop, future or game line that the new member wishes. Bovada is easily our top recommended site for anyone who lives in West Virginia looking to expand their betting options over the internet.
| Best Overall Betting Sites | Sports? | Casino? | Poker? | Horses? | Visit |
|---|---|---|---|---|---|
| Bovada | YES! | YES! | YES! | YES! | Play Now! |
| BetOnline | YES! | YES! | YES! | YES! | Play Now! |
| SportsBetting | YES! | YES! | YES! | YES! | Play Now! |
The legal gambling age for pari-mutuel wagering in West Virginia is 18 years old or older however, casinos require guests to be aged 21 or older. For any West Virginia resident looking to wager online at one of our recommended sportsbooks, they need only be 18 years of age or older.
Best For All Gaming Types
