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New Mexico Gambling Laws: Essential Details

Larry M. Grant, USA Casino Editor at Scams.info

Article by: Larry Grant - Casino Еxpert

Date Published: 14/12/22

New Mexico was one of the pioneering American states that were quick to legalize gambling. For almost half a century, New Mexico had only one legalized gambling system. What do the New Mexico gambling laws look like in 2024? Read on to find out.

A comprehensive guide to gambling laws in New Mexico

New Mexico Gambling Laws Summarized

By reading this guide, you will get an understanding of the legalities of gambling in New Mexico. As you know, each state in the country has its own particularities when it comes to various regulations. That’s why we’ll examine the history of gambling in New Mexico, any upcoming legislation updates, and the different gambling activities you can enjoy as a resident and visitor of New Mexico. No stone will be left unturned as every major gambling product will be covered in the process.

History of Gambling Laws in New Mexico

Gambling first became legal in New Mexico in 1947, when pari-mutuel horse racing betting was legalized by local lawmakers. In 1990, the government of New Mexico signed gambling compacts with local Indian tribes shortly after the passing of the federal Indian Gaming Regulatory Act.

Later in 1996, the governor of New Mexico signed a bill that authorized the launch of a new state lottery, which went on to join the Multi-State Lottery Association 1996. The construction of non-tribal casinos was only approved by the state in 2011, and the first commercial casino opened in Albuquerque, the capital city of New Mexico.

New Mexico was also one of the first American states to legalize sports betting. The tribal casinos were already allowed to provide sports betting as a part of their offerings even after the Supreme Court overturned the federal Professional, and Amateur Sports Protection Act ban in May 2018.

Overview of New Mexico Gambling Laws

Since gambling has played an integral part in the state exchequer since 1947, New Mexico has fairly forward and advanced gambling laws. Most forms of betting and live games are now legalized, while sports betting has remained legal since the days of the tribal casinos. However, online betting and offshore betting have still dodged the scrutiny of lawmakers since previous governments have failed to reach any consensus on these forms of gambling in New Mexico.

The legal New Mexico gambling age is 18. The comprehensive New Mexico gambling laws regulate both legal and illegal gambling activities. These include casinos, card rooms, dog and horse tracks, and slot machines. While bookmaking is illegal, bingo for senior citizens is allowed.

New Mexico Online Gambling Laws

The internet gambling regulations in New Mexico are still a step behind. In 2012, there was a failed attempt at passing a bill that would regulate daily fantasy sports. Since the failure of the DFS bill, local politicians have not addressed this issue in an official capacity. Therefore, New Mexico residents don’t have access to state-sanctioned gambling sites.

Since the general definition of gambling described by New Mexico’s Gaming Control Act is broad and all-encompassing, gambling on offshore sites remains illegal. New Mexico’s broad definition of gambling, which is listed in Section 30 of the New Mexico code, considers placing a bet on an unlicensed game a misdemeanor.

However, it is impossible to determine whether this extends to online gambling since the topic of internet games and online gambling isn’t mentioned in the state Statutes. So far, no players from New Mexico have been prosecuted. It is reasonably safe to assume that playing at an offshore site is unlikely to get you in trouble.

Casino Gambling Laws in New Mexico

Since casinos are legal in New Mexico, there are 24 tribal casinos in the state. Most of them are located in Santa Fe, Sandoval, and Bernalillo. Casino gambling laws in New Mexico also permit the operation of racinos, which are located in Bernalillo, Lincoln, Dona Ana, San Juan, and Lea. None of them are allowed to carry out any gambling activities online, and legislators aren’t currently working on bills that would take New Mexico gambling online anytime in the near future.

Playing at the best online casinos in the USA is considered a petty misdemeanor in New Mexico. However, it is important that to date, no one has been prosecuted for online gambling in the state. One tip from us – always put your safety first.

Poker Laws in New Mexico

Of the 24 casinos in New Mexico, only 5 operate live poker rooms. These poker rooms are known to host prestigious tournaments such as the World Poker Tour and Heartland Poker Tour. Unfortunately, local residents of New Mexico cannot operate poker sites legally, nor are the local New Mexico casinos allowed to provide gambling opportunities online.

New Mexico Sports Betting

As per American federal law, sports betting is considered to be a Class 3 gambling activity. The compacts signed between local authorities and tribal casinos facilitate the offering of all forms of Class 3 gambling activities.

When the Supreme Court overturned the PASPA ban in May 2018, it removed the only remaining obstacle getting in the way of legal sports betting for New Mexico residents. It is important to note that the law requires all sports betting to be conducted on-site. Therefore, online sports betting remains a gray area under New Mexico gambling laws.

Daily Fantasy Sports in New Mexico

Did you know that New Mexico was one of the first states to address the issue of Daily Fantasy Sports games that involved real money? However, this recognition of DFS by the state led to an underwhelming outcome. The H 314 bill, which aimed to regulate DFS gaming in New Mexico, was introduced in 2015.

Unfortunately, it failed to get enough support to make it to the Senate Floor. The bill didn’t receive any attention since 2016, and the legality of Daily Fantasy Sports remains uncertain. Despite the legislative defeat, major Daily Fantasy Sports operators continue to offer their services to the residents of New Mexico.

Note that the legality of these activities is questionable since the definition of unlawful gambling in New Mexico does not give more importance to skill over luck. This could potentially mean that local authorities could use the law to quickly push DFS operators out of their state, should they choose to do so.

Frequently Asked Questions

Now that you are fully aware of the legalities surrounding gambling in New Mexico, let’s address some of the most common questions by players from the state. Test your knowledge by trying to answer the questions below.

1️⃣ What types of gambling are legal in New Mexico?

NM residents and visitors can enjoy the privilege of playing regulated casino games at several casinos. The state lottery, as well as bingo and pari-mutuel horse racing betting, are also legal under the New Mexico gambling laws. There are currently no regulations on online gambling.

2️⃣ Is online gambling legal in New Mexico?

No, technically online gambling is not legal in New Mexico. However, the laws make no mention of online gambling, and to date, there have been no prosecutions made of punters who like to gamble online. Online gambling in New Mexico looks to remain a legal gray area in the years to come.

3️⃣ Does New Mexico have a lottery?

Yes, there is a state-run New Mexico lottery. As per the history of NM gambling laws, it joined the Multi-State Lottery Association in 1996, which grants local lottery players access to interstate lottery games. However, all tickets must be purchased from in-store retailers, who also offer additional instant win games.

4️⃣ Is sports betting legal in New Mexico?

Sports betting is considered a class 3 gambling activity, which is legal under American federal law. This means that it can be legally offered by tribal casinos operating in the state. According to the New Mexico gambling laws on sports betting, any such activity must be conducted on-site.

5️⃣ Are there any online gambling laws coming up in New Mexico?

No. In addition to being stringent when it comes to New Mexico-based casino gambling businesses, launching an online gambling site is impossible for New Mexico residents. Although poker and other similar forms of gambling are popular among the residents of the state, current lawmakers seem uninterested in updating New Mexico gambling laws to create an online gambling market.