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Where Is DFS Legal? Tracking All 50 States for DraftKings, FanDuel

Where Is DFS Legal? Tracking All 50 States for DraftKings, FanDuel article feature image
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Action Network. Pictured: Daily fantasy sports legality map

Daily fantasy sports news has taken a back seat to sports betting in recent years.

But there’s perhaps even more gray area around the legality of DFS, which operators have always considered a “game of skill” and not gambling.

DFS sites like DraftKings and FanDuel operate in most states.

Some states have made it explicitly legal, while others just haven’t ruled on it and allow it under their state’s existing gaming rules.

A handful of states haven’t made DFS illegal, but DraftKings and FanDuel have left those states to avoid legal trouble. Or in Oregon, DraftKings halted its DFS contests to guarantee its sports betting monopoly in the state.

Where Do DFS Sites Operate?

State DraftKings FanDuel
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut X
Delaware
Florida
Georgia
Hawaii X X
Idaho X X
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana X X
Nebraska
Nevada X X
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon X
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington X X
Washington D.C.
West Virginia
Wisconsin
Wyoming

Alabama

  • DraftKings: Yes
  • FanDuel: Yes
  • Other Operators: Some

In 2019, Alabama became the second state to bring back DFS after previously outlawing it.

Alabama has some of the strictest gambling laws in the nation, and no sports betting as of June 2022.

Alaska

  • DraftKings: Yes
  • FanDuel: Yes
  • Other Operators: Yes

Alaska offers daily fantasy sports but no sports betting. The state has not officially legalized it, but operators continue to offer contests.

Arizona

  • DraftKings: Yes
  • FanDuel: Yes
  • Other Operators: Yes

Arizona had never allowed DFS, but when it launched sports betting in September of 2021, it also allowed DFS brands to operate. In March of 2022, DraftKings and FanDuel were the top-two revenue-generating books in the state. To join in on the fun in The Grand Canyon State, learn how to claim and maximize the FanDuel promo code for new users.

Arkansas

  • DraftKings: Yes
  • FanDuel: Yes
  • Other Operators: Yes

Arkansas legalized DFS in 2017.

California

  • DraftKings: Yes
  • FanDuel: Yes
  • Other Operators: Yes

Operators offer paid contests, but there’s no formal legislation around it.

Colorado

  • DraftKings: Yes
  • FanDuel: Yes
  • Other Operators: Yes

Colorado legalized DFS in 2016.

Connecticut

  • DraftKings: Yes
  • FanDuel: No
  • Other Operators: Yes

FanDuel let its DFS license expire in February because it said it couldn’t comply with all of Connecticut’s rules and regulations.

Delaware

  • DraftKings: Yes
  • FanDuel: Yes
  • Other Operators: Yes

Delaware legalized DFS in 2017.

Florida

  • DraftKings: Yes
  • FanDuel: Yes
  • Other Operators: Yes

Florida has complex gaming laws, but DFS operators continue to offer contests despite a lack of legislation. Learn more about the DraftKings promo code and join in on the fun in the sunshine state.

Georgia

  • DraftKings: Yes
  • FanDuel: Yes
  • Other Operators: Yes

Georgia does not have any formal legislation around DFS.

Hawaii

  • DraftKings: No
  • FanDuel: No
  • Other Operators: No

Hawaii, another strict gambling state, does not permit DFS contests. One legislator wants to change that but faces an uphill battle.

Idaho

  • DraftKings: No
  • FanDuel: No
  • Other Operators: No

The Idaho attorney general banned daily fantasy sports in 2016, around the same time many other states were enacting legislation to legalize it.

Illinois

  • DraftKings: Yes
  • FanDuel: Yes
  • Other Operators: Yes

In 2020, the Illinois Supreme Court ruled that DFS is not gambling — a sticking point for pretty much the entire industry.

Indiana

  • DraftKings: Yes
  • FanDuel: Yes
  • Other Operators: Yes

Indiana legalized DFS in 2016 but came under the microscope in 2018 when three former college football players sued the operators for using their name, image and likeness without their permission.

But the Indiana Supreme Court backed the operators, allowing those sites to continue offering paid contests.

DraftKings and FanDuel stopped offering college contests for several years before bringing them back in some states in 2018.

Iowa

  • DraftKings: Yes
  • FanDuel: Yes
  • Other Operators: Some

Iowa was a bit late to the party, legalizing DFS in 2019.

Kansas

  • DraftKings: Yes
  • FanDuel: Yes
  • Other Operators: Yes

House Bill 2155 made DFS legal in Kansas in 2015.

Kentucky

  • DraftKings: Yes
  • FanDuel: Yes
  • Other Operators: Yes

Kentucky has no formal DFS laws, but DraftKings and FanDuel operate there.

Louisiana

  • DraftKings: Yes
  • FanDuel: Yes
  • Other Operators: Some

Louisiana finally legalized DFS on a parish-by-parish basis (the state’s version of counties) as part of the 2018 election, but it took years to grant the first license and get contests live.

Maine

  • DraftKings: Yes
  • FanDuel: Yes
  • Other Operators: Yes

Maine enacted a DFS law in 2017.

Maryland

  • DraftKings: Yes
  • FanDuel: Yes
  • Other Operators: Yes

DraftKings and FanDuel operate in Maryland, but the state cracked down on other “DFS” sites like PrizePicks, which allows you to wager on single player props in a parlay format.

Massachusetts

  • DraftKings: Yes
  • FanDuel: Yes
  • Other Operators: Yes

Massachusetts, where DraftKings is headquartered, made DFS legal with some regulations in 2016.

Michigan

  • DraftKings: Yes
  • FanDuel: Yes
  • Other Operators: Yes

Underdog Fantasy recently pulled out of Michigan due to a regulatory quirk, but DraftKings and FanDuel operate there without an official law.

Minnesota

  • DraftKings: Yes
  • FanDuel: Yes
  • Other Operators: Yes

DFS exists in Minnesota without any official legislation.

Mississippi

  • DraftKings: Yes
  • FanDuel: Yes
  • Other Operators: Yes

Mississippi legalized DFS with some regulations in 2016.

Missouri

  • DraftKings: Yes
  • FanDuel: Yes
  • Other Operators: Yes

In 2016, Missouri became the 10th state to legalize DFS.

Montana

  • DraftKings: No
  • FanDuel: No
  • Other Operators: No

Montana prohibits paid fantasy games, as the state considers DraftKings and FanDuel contests gambling.

Nebraska

  • DraftKings: Yes
  • FanDuel: Yes
  • Other Operators: Yes

DFS exists in Nebraska with no formal law.

Nevada

  • DraftKings: No
  • FanDuel: No
  • Other Operators: Sort of

Nevada has been one of the most controversial DFS states. It originally outlawed it, then said sites like DraftKings and FanDuel could operate in the state — but with a formal gambling license.

DraftKings and FanDuel have chosen to stay out of Nevada rather than admit that their DFS contests are gambling.

New Hampshire

  • DraftKings: Yes
  • FanDuel: Yes
  • Other Operators: Yes

New Hampshire legalized DFS in 2017.

New Jersey

  • DraftKings: Yes
  • FanDuel: Yes
  • Other Operators: Yes

New Jersey, one of the country’s most gambling-friendly states, legalized DFS in 2017.

New Mexico

  • DraftKings: Yes
  • FanDuel: Yes
  • Other Operators: Yes

A bill was proposed in 2016 to regulate and officially legalize DFS, but it never got anywhere.

New York

  • DraftKings: Yes
  • FanDuel: Yes
  • Other Operators: Yes

New York has been at the center of DFS controversy since its boom in 2015-16.

Attorney General Eric Schneiderman entered a legal battle with the DFS operators in October 2015, and they briefly pulled out of the state. The state legislature passed a bill in 2016.

Then in 2018, a state judge ruled that DFS contests violate New York’s gambling laws. But in March 2022, an appeals court ruled that daily fantasy is not gambling.

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North Carolina

  • DraftKings: Yes
  • FanDuel: Yes
  • Other Operators: Yes

North Carolina does not have any formal DFS laws.

North Dakota

  • DraftKings: Yes
  • FanDuel: Yes
  • Other Operators: Yes

North Dakota does not have any formal DFS laws.

Ohio

  • DraftKings: Yes
  • FanDuel: Yes
  • Other Operators: Yes

Ohio enacted a DFS law in 2017.

Oklahoma

  • DraftKings: Yes
  • FanDuel: Yes
  • Other Operators: Yes

Oklahoma does not have formal legislation on DFS.

Oregon

  • DraftKings: No
  • FanDuel: Yes
  • Other Operators: Yes

DraftKings pulled its DFS contests out of Oregon in part to maintain its sports betting monopoly. It’s the only sportsbook operating in the state.

FanDuel continues to operate DFS in Oregon.

Pennsylvania

  • DraftKings: Yes
  • FanDuel: Yes
  • Other Operators: Yes

Pennsylvania formally allowed DFS contests in 2018.

Rhode Island

  • DraftKings: Yes
  • FanDuel: Yes
  • Other Operators: Yes

In 2016, Attorney General Peter F. Kilmartin ruled that daily fantasy contests are legal under Rhode Island law.

South Carolina

  • DraftKings: Yes
  • FanDuel: Yes
  • Other Operators: Yes

South Carolina does not have formal legislation around DFS.

South Dakota

  • DraftKings: Yes
  • FanDuel: Yes
  • Other Operators: Yes

South Dakota doesn’t have a formal DFS law, but Attorney General Marty Jackley did comment on it in 2015.

Tennessee

  • DraftKings: Yes
  • FanDuel: Yes
  • Other Operators: Yes

Tennessee legalized DFS in 2016.

Texas

  • DraftKings: Yes
  • FanDuel: Yes
  • Other Operators: Yes

There’s been some controversy around DFS in Texas, including a lawsuit issued by DraftKings. But in 2018, operators returned to the state and have offered contests since.

As of 2022, there’s still no formal law around daily fantasy.

Utah

  • DraftKings: Yes
  • FanDuel: Yes
  • Other Operators: Yes

Despite strict gambling laws, DFS operators do offer paid contests in Utah.

Vermont

  • DraftKings: Yes
  • FanDuel: Yes
  • Other Operators: Yes

Vermont legalized DFS in 2017.

Virginia

  • DraftKings: Yes
  • FanDuel: Yes
  • Other Operators: Yes

Virginia became the first state to formally legalize DFS in 2016 when Gov. Terry McAuliffe signed the Fantasy Contests Act.

Washington

  • DraftKings: No
  • FanDuel: No
  • Other Operators: No

Washington has strict gambling laws and does not allow DFS.

Washington D.C.

  • DraftKings: No
  • FanDuel: No
  • Other Operators: No

Washington D.C. allows DFS contests.

West Virginia

  • DraftKings: Yes
  • FanDuel: Yes
  • Other Operators: Yes

In 2016, West Virginia Attorney General Patrick Morrisey said the state doesn’t prohibit DFS.

Then in 2017, Morrisey issued an opinion that DFS are games of skill and not chance (i.e. gambling), meaning they would be legal in the state.

Wisconsin

  • DraftKings: Yes
  • FanDuel: Yes
  • Other Operators: Yes

Wisconsin does not have any formal laws around DFS.

Wyoming

  • DraftKings: Yes
  • FanDuel: Yes
  • Other Operators: Yes

Wyoming does not have any formal laws around DFS.

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