West Virginia Gambling Laws & Legal Age to Gamble (2024)

West Virginia gambling laws are fairly relaxed compared to other states. It has several casinos, sportsbooks, racetracks, charitable gambling, and a state lottery. Unlike most other US jurisdictions, internet gaming is also completely legal and regulated. You can enjoy legal online casinos, online poker sites, and online sportsbooks from WV.

West Virginia Unlawful Gambling

The West Virginia Code §61 defines gambling as “betting or wagering money or another thing of value on any game of chance or knowingly giving money or something of value for another to bet on any game of chance.”

The Code makes it clear that the act of taking part in illegal gambling as a player is a criminal misdemeanor that comes with a fine of up to $300 and a jail sentence of up to 30 days. The statute states:

If any person at any place, public or private, bet[s] or wage[s] money or other thing of value on any game of chance, or shall knowingly furnish any money or other thing of value to any other person to bet or wage on any such game, he shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than five nor more than three hundred dollars, and shall, if required by the court, give security for his good behavior for one year, and in default of the payment of such fine and the costs and the execution of such bond, if such bond be required, shall be imprisoned in the county jail not less than ten nor more than thirty days.

Types of prohibited gambling include cockfighting and dogfighting, “policy” or “numbers” games, and unlicensed “gambling at hotels.” Even though they may have broken criminal law, players who lose more than $10 through illegal gambling can seek to recover it via the courts.

The minimum gambling age in West Virginia is 18 for the lottery, bingo, and parimutuel racing and 21 for sports betting and all casino-style games.  

All legal gambling is overseen by the West Virginia Lottery Commission except parimutuel betting on races, which is regulated by the West Virginia Racing Commission.

Online Gambling in West Virginia

In 2019, West Virginia enacted a bill allowing the state’s licensed casinos to offer online casino games and online poker. Operators pay a $250,000 license application fee to the West Virginia Lottery Commission and $100,000 every five years thereafter for renewal.

The first online casino, DraftKings Casino, launched on July 15, 2020, followed by BetMGM just over a month later.

Today, there are nine state-regulated online casino sites, including BetRivers, Caesars Palace, and FanDuel. Each offers an array of slots, table games, video poker, poker, live-dealer games, bingo, and more.

You must be over 21 and within the state's borders to use the sites. This is enforced by geolocation technology.

West Virginia Casinos

West Virginia has five commercial land-based casinos. In each case, a casino must also have a racetrack license to operate video lottery terminals (VLTs) and table games. As such, all venues also offer live horse or dog racing.

The one exception is the historic Greenbrier Hotel in the Allegheny Mountains. In 2019, the legislature passed a bill allowing the then-bankrupt hotel to apply for a gaming license in order to make it more attractive to prospective buyers.

Later that year, the hotel was rescued by coal-mining magnate Jim Justice, who coincidentally is now West Virginia's Republican governor.

Along with the Greenbrier, the state's casinos are the Mardi Gras Casino and Resort in Nitro, Wheeling Island Hotel-Casino-Racetrack on Wheeling Island, the Mountaineer Casino, Racetrack, and Resort near New Cumberland, and the Hollywood Casino at Charles Town Races.

The state's racetracks began their slow transformation into "racinos" in 1994 with the legalization of VLTs (slots), which it was hoped would shore up the state's ailing racing industry. Video poker followed in 2001 and table games eight years later. The casinos were permitted to apply for online gaming licenses from 2019.

There are no tribal casinos in West Virginia.

West Virginia Sports Betting

Anticipating a momentous decision on sports betting in the US Supreme Court, West Virginia legalized retail and mobile sports betting in March 2018, two months before the court duly delivered. America's highest court rejected PASPA, the federal prohibition on sports betting as unconstitutional federal overreach.

As such, West Virginia was among the first states to launch sports betting post-PASPA and also one of the first to offer any kind of online sports betting whatsoever.

Each of the state's five casinos can offer both retail and online wagering, while there is space for as many as ten additional licensees. Currently, there are nine mobile sports betting apps serving the market, including BetMGM, BetRivers, Caesars, DraftKings, and FanDuel.

West Virginia Poker

You can play land-based poker in West Virginia at the Wheeling Island Casino and the Hollywood Casino. Private home games are also legal provided no one is taking a rake or otherwise profiting commercially.

Online poker became legal in West Virginia with the enactment of the state's Lottery Interactive Wagering Act in March 2019. But no operators have opted to launch a poker site yet. That's because the state's population of 1.7 million is too small to sustain a ring-fenced online poker market, which needs a critical mass of players to thrive.

The good news is that West Virginia signed up to the Multi-State Internet Gaming Agreement (MSIGA) in late 2023. This will allow it to share player pools with states like Michigan, New Jersey, and Nevada, which means West Virginia online poker is likely just around the corner.

West Virginia Pari-Mutuel Betting

West Virginia has a rich history of horse racing. Pari-mutuel betting was launched in 1933, and the Charles Town Races opened shortly thereafter. Now known as the Hollywood Casino at Charles Town Races, it's still going strong and is home to the West Virginia Breeders Classic, arguably the state's best-known race.

West Virginia is also home to the last two surviving active greyhound racetracks in the US, at the Wheeling Island and Mardi Gras casinos. Live greyhound racing remains legal in seven other states -- Arkansas, Alabama, Texas, Kansas, Iowa, Wisconsin, and Connecticut -- but it is only currently practiced in West Virginia.

West Virginia Daily Fantasy Sports

West Virginia has never legalized or regulated daily fantasy sports (DFS). However, in 2014, West Virginia Attorney General Patrick Morrisey issued an opinion that DFS contests were not prohibited under state law. This was because West Virginia's gambling laws only prohibit betting upon games where chance was the dominant factor.  DFS contests were "not predominantly decided by chance,” Morrisey said.

This differs from the way DFS has been defined in some other states, such as Texas, for example, where it is considered to be a gambling game. Despite any lingering ambiguity about the legality of DFS in West Virginia, most of the major DFS sites offer their services to state residents.

West Virginia Lottery

In 1984, West Virginia voters approved a measure to amend the state constitution to legalize lotteries by a 2:1 margin. The West Virginia Lottery was established, and the first tickets went on sale in January 1986.

Today, the lottery offers in-state draw games like Keno Go, Daily 3, Daily 4, and Cash 25, as well as Multi-State Lottery games like Powerball, Mega Millions, and Lotto America.

Despite West Virginia having an online gaming market, the lottery does not participate as an operator, but it does regulate and oversee the market, along with sports betting and the state's land-based casino industry.

West Virginia Bingo

Bingo and raffles are permissible in West Virginia under the state's charitable gaming laws. Charitable gaming is overseen by the West Virginia Charitable Organizations Division. Tickets for a charitable bingo event may not exceed £100, and prizes may not exceed $10,000. 

West Virginia Gambling FAQ

Are there casinos in West Virginia?

Yes, West Virginia has five casinos that offer a range of video lottery terminals, video poker, table games, and sports betting.

Is online gaming legal in West Virginia?

Yes, it is! State-regulated online casino gaming launched in the summer of 2020. Online poker was legalized at the same time, but poker rooms are yet to launch.

Does West Virginia have sports betting?

Yes, West Virginia has both retail sports betting at its five casinos, and statewide mobile sports betting via apps like BetMGM, BetRivers, Caesars, DraftKings, and FanDuel.

Is online poker legal in West Virginia?

It is, but no online poker sites have launched thus far. That may be about to change as the state recently signed up to the Multi-State Internet Gaming Agreement (MSIGA) in late 2023. This will allow it to pool liquidity with states like Michigan, New Jersey, and Nevada.

Are daily fantasy sports legal in West Virginia?

Daily fantasy sports have never been officially legalized by the West Virginia legislature, but State AG Patrick Morrisey has issued an opinion that DFS contests are not prohibited under state law because skill predominates over luck. Most major DFS operators cater to West Virginia residents.

Is greyhound racing legal in West Virginia?

Yes, West Virginia is home to the last two surviving active greyhound racetracks in the US, at the Wheeling Island and Mardi Gras casinos.

Does West Virginia have a lottery?

Yes, the West Virginia Lottery was established in 1986 following a public vote.

What's the legal gambling age in West Virginia?

It's 18 for the lottery and parimutuel betting and 21 for casino gaming and sports betting.

West Virginia Code

§8-12-5. General powers of every municipality and the governing body thereof.

In addition to the powers and authority granted by: (i) The constitution of this state; (ii) other provisions of this chapter; (iii) other general law; and (iv) any charter, and to the extent not inconsistent or in conflict with any of the foregoing except special legislative charters, every municipality and the governing body thereof shall have plenary power and authority therein by ordinance or resolution, as the case may require, and by appropriate action based thereon: ....
(22) To arrest, convict and punish any person for gambling or keeping any gaming tables, commonly called "A, B, C," or "E, O," table or faro bank or keno table, or table of like kind, under any denomination, whether the gaming table be played with cards, dice or otherwise, or any person who shall be a partner or concerned in interest, in keeping or exhibiting the table or bank, or keeping or maintaining any gaming house or place, or betting or gambling for money or anything of value;

§55-9-2. Recovery of money or property lost in gaming.

If any person shall lose to another within twenty-four hours ten dollars or more, or property of that value, and shall pay or deliver the same, or any part thereof, such loser may recover back from the winner the money or property, or in lieu of the property the value thereof, so lost, by suit in court, or before a justice, according to the amount or value, brought within three months after such payment or delivery. The loser may so recover from the winner, notwithstanding the payment or delivery was to the winner's indorsee, assignee, or transferee. But nothing in this section shall be so construed as to permit a recovery of such property, or its value, from any person (or those claiming under him) other than the winner, when such person has paid value for such property without notice of illegal consideration under which the winner derived his claim of title.

ARTICLE 10. CRIMES AGAINST PUBLIC POLICY.

CHAPTER 61. CRIMES AND THEIR PUNISHMENT. ARTICLE 10. CRIMES AGAINST PUBLIC POLICY.

§61-10-1. Keeping or exhibiting gaming table, machine, or device; penalty; seizure of table, machine or device; forfeiture of money used in such gaming.

Any person who shall keep or exhibit a gaming table, commonly called A.B.C. or E.O. table, or faro bank, or keno table, or any slot machine, multiple coin console machine, multiple coin console slot machine or device in the nature of a slot machine, or any other gaming table or device of like kind, under any denomination, or which has no name, whether the game, table, bank, machine or device be played with cards, dice or otherwise, or shall be a partner, or concerned in interest, in keeping or exhibiting such table, bank, machine or gaming device of any character, shall be guilty of a misdemeanor, and, upon conviction, shall be confined in jail not less than two nor more than twelve months and be fined not less than one hundred nor more than one thousand dollars. Any such table, faro bank, machine or gaming device, and all money staked or exhibited to allure persons to bet at such table, or upon such gaming device, may be seized by order of a court, or under the warrant of a justice, and the money so seized shall be forfeited to the county and paid into the treasury of the county in which such seizure is made, and the table, faro bank, machine or gaming device shall be completely destroyed: Provided, however, That the provisions of this section shall not extend to coin-operated nonpayout machines with free play feature or to automatic weighing, measuring, musical and vending machines which are so constructed as to give a certain uniform and fair return in value or services for each coin deposited therein and in which there is no element of chance.

§61-10-2. Permitting gaming table or device on premises; penalty.

If any person knowingly permit a gaming table, bank or device, such as is mentioned in the preceding section, to be kept or exhibited on any premises in his occupation, he shall be guilty of a misdemeanor, and, upon conviction, shall be confined in jail not more than one year, and be fined not less than one hundred nor more than one thousand dollars.

§61-10-3. Unlawful to act as doorkeeper, guard or watch for keeper of gaming table or device; penalty.

If any person shall act as doorkeeper, guard or watch, or employ another person to act as such, for a keeper or exhibitor of any such gaming table, bank or device, or shall resist, or by any means or device, prevent, hinder or delay the lawful arrest of such keeper or exhibitor, or the seizure of the table, bank or device, or money exhibited or staked thereat, or shall unlawfully take the same from the person seizing it, he shall be guilty of a misdemeanor, and, upon conviction, shall be confined in jail not more than one year and be fined not exceeding one thousand dollars.

§61-10-4. Playing or betting at gaming tables and devices; playing or betting on games at hotels and public places; penalty .

If any person bet or play at any such gaming table, bank or device as is mentioned in the first section of this article, or if, at any hotel or tavern, or other public place, or place of public resort, he play at any game except bowls, chess or backgammon, draughts or a licensed game, or bet on the sides of those who play at any game, whether the game be permitted or licensed or not, he shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than five nor more than one hundred dollars, and shall, if required by the court, give security for his good behavior for one year, or, in default thereof, may be imprisoned in the county jail not more than three months.

§61-10-5. Betting on games of chance; furnishing money or thing of value therefor; penalty.

If any person at any place, public or private, bet or wage money or other thing of value on any game of chance, or shall knowingly furnish any money or other thing of value to any other person to bet or wage on any such game, he shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than five nor more than three hundred dollars, and shall, if required by the court, give security for his good behavior for one year, and in default of the payment of such fine and the costs and the execution of such bond, if such bond be required, shall be imprisoned in the county jail not less than ten nor more than thirty days.

§61-10-6. Permitting gaming at hotels; penalty.

If the keeper of a hotel or tavern permit unlawful gaming at his house, or at any outhouse, booth, arbor, or other place appurtenant thereto or held therewith, he shall be guilty of a misdemeanor, and, upon conviction, be fined not less than twenty nor more than one hundred dollars, and shall forfeit his license, and shall give security for his good behavior for one year, or, in default of such security, be imprisoned in the county jail not more than four months.

§61-10-7. Presumption against hotelkeeper.

In a prosecution under the preceding section, if the gaming be proved, it shall be presumed it was permitted by the keeper of the hotel, unless it appear that he did not know of or suspect such gaming, or that he endeavored to prevent it, and gave information of it, with the names of the players, to the next circuit court of the county in which such gaming occurred, or to the prosecuting attorney thereof.

§61-10-8. Gaming at outhouse of hotel; penalty .

If the keeper of a hotel or tavern let or hire to another person any outhouse or other place, which has been at any time appurtenant to or held with the house kept by him, with intent that unlawful gaming be permitted thereat, he shall suffer the same punishment and incur the same forfeiture as if such unlawful gaming were permitted at his own principal house; and in a prosecution therefor, if the gaming be proved, it shall be presumed that such outhouse or other place was let or hired with intent aforesaid, unless the presumption be repelled in the manner provided for in the preceding section.

§61-10-9. Cheating at gaming; penalty.

If any person playing at any game, or making a wager, or having a share in any stake or wager, or betting on the hands or sides of others playing at any game or making a wager, shall cheat, or by fraudulent means win or acquire for himself, or another, money or other valuable thing, he shall be guilty of a misdemeanor, and, upon conviction, shall be confined in jail not more than one year and fined not less than five times the value of the money or thing won or acquired.

§61-10-10. Poolroom defined; selling tickets and chances in lottery; penalty.

The word "poolroom ," wherever the same is used in this section, shall be held and construed to mean any room where any pool ticket, chance voucher or certificate is sold entitling or purporting to entitle the holder or promisee thereof, or any other person, to money or other thing of value, contingent upon the result of any horse race, prizefight, game of chance, game of skill or science, or other sport or contest. Any person who shall set up or promote, or be connected with or interested in the management or operation of any poolroom, his agents, servants or employees, they, and each of them, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than two hundred nor more than one thousand dollars for each offense, and may, in the discretion of the court, be confined in jail not to exceed one year. The buying, selling or transferring of tickets or chances in any lottery shall be and the same is hereby prohibited.

§61-10-11. Lotteries or raffles; penalty.

If any person shall set up or promote or be concerned in managing or drawing a lottery or raffle, for money or other thing of value, or knowingly permit such lottery in any house under his control, or knowingly permit money or other property to be raffled for in such house, or to be won therein, by throwing or using dice, or by any other game of chance, or knowingly permit the sale in such house of any chance or ticket, or share of a ticket, in a lottery, or any writing, certificate, bill, token or other device purporting or intended to guarantee or assure to any person, or to entitle him to a prize, or a share of, or interest in, a prize to be drawn in a lottery, or shall, for himself, or any other person, buy, sell, or transfer, or have in his possession for the purpose of sale, or with intent to exchange, negotiate, or transfer, or shall aid in selling, exchanging, negotiating, or transferring a chance or ticket, or a share of a ticket, in a lottery, or any such writing, certificate, bill, token or device, he shall be guilty of a misdemeanor, and, upon conviction, shall, in the discretion of the court, be confined in jail not more than one year or be fined not exceeding one thousand dollars, or both: Provided, however, That this section shall not be deemed to apply to that certain type or form of lottery or raffle designated and familiarly known as "policy" or "numbers."

§61-10-11a. "Policy" or "numbers"; penalty.

Any person who keeps, occupies or uses, or permits to be kept, occupied or used, a place, building, room, table, establishment or apparatus for "policy" or "numbers" playing or for the sale of what are commonly called "lottery policies," or who delivers or receives money or other valuable consideration in playing "policy" or "numbers," or in aiding in the playing thereof, or for what is commonly called a "lottery policy," or for any writing, or document in the nature of a bet, wager, or insurance upon the drawing or selection, or the drawn or selected numbers of any "policy" or "numbers" lottery; or who shall have in his possession, knowingly, any writing, paper or document, representing or being a record of any chance, share or interest in numbers sold, drawn or selected, or to be drawn or selected in what is commonly called "policy" or "numbers," or in the nature of a bet, wager or insurance, upon the drawing or selection, or the drawn or selected numbers of any "policy" or "numbers" lottery; or any paper, print, writing, number, device, policy slip, or article of any kind such as is commonly used in carrying on, promoting or playing the game commonly called "policy" or "numbers"; or who is the owner, agent, superintendent, janitor or caretaker of any place, building, or room where "policy" or "numbers" playing or the sale of what are commonly called "lottery policies" is carried on with his knowledge or after notification that the premises are so used, permits such use to be continued, or who aids, assists, or abets in any manner, in any of the offenses, acts or matters herein named, shall be guilty of a felony, and upon conviction, shall, in the discretion of the court, either be confined in the penitentiary not less than one year nor more than five years, or be confined in jail not less than six nor more than twelve months and fined not less than two hundred dollars nor more than one thousand dollars. Upon commission of a second or subsequent offense under this section, he shall be guilty of a felony, and upon conviction shall be confined in the penitentiary of this state for a period of not less than two years nor more than ten years.

§61-10-11b. Possession of "policy" or "numbers" slips unlawful.

The possession, by any person other than a public officer acting in his official capacity, of any writing, paper, or document representing or being a record of any chance, share or interest in numbers, sold, given away, drawn, or selected, or to be drawn or selected, in what is commonly called "policy" or "numbers," or in the nature of a bet, wager or insurance upon the drawing or selection, or the drawn or selected numbers of any "policy" or "numbers" lottery, or any paper, print, writing, numbers of device, policy slip, or article of any kind, such as is commonly used in carrying on, promoting or playing the game commonly called "policy" or "numbers," is presumptive evidence of possession thereof knowingly and in violation of the provisions of section eleven-a of this article.

§61-10-12. Proceeds of lottery forfeited to the State.

All money and things of value drawn or proposed to be drawn by an inhabitant of this State, and all money or other things of value received by such person by reason of his being the owner or holder of a ticket, or a share of a ticket, in any lottery, or pretended lottery, contrary to the provisions of this article, shall be forfeited to the State.

§61-10-13. Associations and companies trading as bank without authority of law; penalty.

All members of any association or company that shall trade or deal as a bank, or carry on banking, without authority of law, and their officers and agents therein or thereof, shall be guilty of a misdemeanor, and, upon conviction, shall be confined in jail not more than six months, and fined not less than one hundred nor more than five hundred dollars.

§61-10-14. Laws on gaming, lotteries and unchartered banks remedial.

All laws for suppressing gaming, lotteries and unchartered banks shall be construed as remedial.

***

§61-10-18. Conducting bucket shop; penalty.

If any person shall carry on in this state what is commonly known as a bucket shop, or act as agent for any person, firm or corporation carrying on such business, or engage in transactions for the purchase or sale for others of grain, provisions, stocks, securities, merchandise or other property wherein the parties thereto or the broker intend that such transaction shall be settled according to the public market quotations on any board of trade or exchange, or intend that such transaction may be deemed terminated when such public market quotations shall reach a certain figure, or intend that such property shall be resold before or at the time fixed in such transaction for the delivery of such property and that the difference between the contract price and the market price thereof shall be paid or received without the prior receipt or delivery of such property under the former sale, he shall be guilty of a felony, and, upon conviction thereof, shall be confined in the penitentiary not less than two nor more than five years.