Back in 2018, the US Supreme Court made a historic decision on sports betting, determining that the blanket nationwide ban – with some exceptions like Nevada and tribal casinos – was unconstitutional, paving the way for individual states to decide. While the legal case centered on sports betting, and many states did indeed legalize betting on sports, it also opened the door for states to legislate on other forms of gambling, including online casino.
The question of where online gambling is legal is, therefore, a bit complicated across the US, because so many states have different rules. Some allow online sports betting but not casino gaming, others allow in-person casino gaming but not online, whereas some, like New Jersey, pretty much have offline and online gambling legalized across the board.
For online casino gaming specifically, however, bills seem a little more difficult to pass than sports betting. At the time of writing, you can legally play online casino games in eight states, with Maine the latest to pass legislation. But which states are likely to be next? The timelines are not certain, and political wrangling and partisanship can be just as frustrating at the state level as the national level, but we think the five listed below have the best overall chance of legalizing online casino gaming next:
Virginia
Probably the best bet for a state to pass an online casino legislation bill next. Indeed, Virginia lawmakers have already passed votes in both the House and Senate, though competing versions of the bill failed to reach final agreement in conference committee. Nevertheless, Virginia is probably the state with the most overall political will to get a bill over the line. The state already has online mobile sports betting and a growing number of commercial casinos, so lots of the operating framework already exists for lawmakers.
New York
All eyes in New York at the moment are on the mega casinos being constructed in New York, including the resort being built in Queens, NYC, in partnership with New York Mets owner Steve Cohen. There is a sense that lawmakers have been focusing on those offline licenses before focusing on potential online legislation, though some senators have started to get the ball rolling. None of this means that legislation will be passed tomorrow, but there is a significant argument that New York has a lot to gain financially through legal online casino gaming.
Illinois
Illinois has less political tailwind than Virginia, but there is the matter of the Internet Gaming Act, which was introduced by Representative Edgar Gonzalez again this year. The bill would allow eligible (land-based) casinos and racetracks to operate online brands. As with most bills, the argument centers on what the tax take could do for state budgets. The bill has been stuck in committee, and there are certainly no guarantees it gets passed anytime soon.
Maryland
Maryland is an interesting case as lawmakers have considered online casino legislation on several occasions without getting over the final hurdles. That is clearly frustrating for stakeholders, but it also means that Maryland has done much of the exploratory legwork for a bill to pass. The state is in a peculiar position as it is surrounded by states that already have a gambling framework in place, including Delaware, Pennsylvania, and West Virginia.
Ohio
Probably the least likely of the five to get legislation finished next, the issue with Ohio is not that lawmakers have been inactive – many have gotten behind Senate Bill 197 – but that Governor Mike DeWine is fairly vocal about his opposition to gambling expansion. The groundwork is there, but it looks increasingly unlikely while DeWine remains in his role. Still, if the economic argument remains compelling, there is always a chance that the governor relents.
Gambling Disclaimer: This article is for informational and entertainment purposes only and does not constitute legal or gambling advice. Gambling laws vary by state and can change over time. Always check your local laws before participating in online gambling. Gambling involves financial risk and should only be undertaken by adults of legal gambling age. Please gamble responsibly.
Morgan Vance is an iGaming analyst with nearly a decade of experience covering online casinos and industry regulation. Known for breaking down complex betting systems into easy-to-understand insights, Morgan has reviewed over 500 casino platforms worldwide. His work often explores the intersection of blockchain technology and gambling, particularly the rise of crypto casinos and provably fair gaming.
