Across the continental United States, the legality of sports betting varies wildly from wholly legal, partially legal, potentially becoming legal and staunchly illegal.
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In 2018, the Federal Law that prohibited gambling on sporting events – called the Professional and Amateur Sports Protection Act of 1992 (PASPA) – across the United States was overturned by the Supreme Court, thus allowing each state to decide whether or not to legalise sports betting individually.
The impact of the Supreme Court’s decision to overturn PASPA has quickly changed the betting landscape across the country, with many states deciding to open up and accept the revenue to be made in taxes from sports betting.
Here, Gambling Insider looks at the legal states and what is and isn’t allowed on a state-by-state basis.
The state of play
| Currently Legal Total: | 40* |
|---|---|
| Retail & Online: | 31 |
| Retail Only: | 5 |
| Online Only: | 3 |
| DFS Eligible: | 47 |
*Includes 39 states + Washington DC
FAQ’s
What was the most recent state to legalise?
The most recent state to legalise online sports betting was Missouri, which is expected to go live during December 2025. The Missouri Gaming Commission is currently setting up regulations to conduct sports wagering.
Will ‘Tribal Only’ states ever go online?
The answer that the question is up to each Tribe. Some may choose to use its power over sports betting in individual states to implement an online vertical; however, this has not yet happened in the US due to Tribes liking to bring customers into the casinos physically.
So, while it could happen in the future, it isn’t likely at the moment.
What are the biggest sportsbooks in the market?
FanDuel and DraftKings remain at the top of the market share leaderboards, with FanDuel holding a 43% market share at the conclusion of 2024 compared to DraftKings which accounts for 25%.
Using New York’s March 2024 sports betting figures as a microcosm of the US market as a whole, Caesars and BetMGM follow notably behind, with other sportsbook contenders including RSI and the recently launched Fanatics sportsbook.
What about Fanatics?
In the lead up to the completion of its acquisition of PointsBet’s US operations for $225m, which was concluded in early April 2023, the Fanatics sportsbook has launched in dozens of states, having recently launched in Washington DC during September 2024 through a partnership with the Washington Spirit.
Despite beginning beta testing in Maryland in June 2023 the sportsbook has seen notable success across the states in which it is available. In March 2023, Fanatics even out-performed RSI in terms of gross gaming revenue (GGR) In New York, despite only being in the state for a month.
