If you’re looking to get into daily fantasy sports (DFS), you’ve probably stumbled upon DraftKings already. Naturally, the next question is: where is Draftkings legal? We’ve got you covered with this quick primer, where we’ll tell you all about the states where DraftKings is legal and the differences between DraftKings’ sportsbook and DFS offerings to help you get started.

So, is DraftKings legal? That all depends on where an individual resides. DraftKings’ legal right to operate is still something that many places are still trying to figure out. While DraftKings kicked off the whole daily fantasy sports bandwagon, it has recently moved into everything from regular sports betting to fantasy esports.

So, where is DraftKings legal? The short answer is that DraftKings DFS is legal in 45 states in the USA. There are usually several factors that determine which states are DraftKings legal. This is because some services of DraftKings may be legalized and some may not. The good news is that while sportsbooks are still in contested territory, daily fantasy sports in this country have become widely accepted. And naturally, DraftKings, one of the industry leaders in DFS services, have benefitted immensely. So, where is DFS legal?

Where Is DraftKings Legal?

where is draftkings legal

Draftkings is synonymous with the DFS scene in the USA, and this reputation has meant that they’ve been at the forefront of the legalisation of daily fantasy sports for a number of years. As a result, they’re also the operator that can boast of being legal in pretty much every market that allows daily fantasy sports. So, let’s jump right in. It’s actually much faster to list the states where DraftKings is not allowed, as the vast majority of states have now opened their doors to betting markets (including fantasy):

  • Washington
  • Idaho
  • Montana
  • Nevada
  • Hawaii
  • Oregon

If you’re looking for DraftKings legal states, just avoid any of the above. Of this list, the strictest states when it comes to DFS are Washington, Idaho, and Hawaii. The other three have interesting situations.

  • Nevada deemed DFS to be a form of gambling, and as such, banned companies from operating without a license. Predictably, this turned off all DFS sites, including DraftKings.
  • Montana considers DFS to be illegal except for contests run by the state lottery. This suggests that the state could change its stance on DFS in the future. Of course, it also means they probably want a bigger slice of the pie, potentially discouraging operators.
  • Oregon has no regulatory restrictions as such – but it does happen to be a state where Draftkings happens to hold a monopoly on the sports betting scene thanks to an official partnership with the state lottery when it launched in Oregon. Though the full rationale behind pulling out of the DFS scene hasn’t been publicly discussed, this sportsbook situation is understood to be the reason why their largest competitors, FanDuel, continue to run DFS in Oregon.

Although most of the US states have all agreed on legalising DraftKings Sportsbook, there are still differences, such as the amount of DraftKings winnings taxed. The states not listed are the ones who have decided not to legalise the DraftKings Sportsbook. Now, some of those states have banned sports betting entirely, while others have specifically banned DraftKings or only allow one type of service.

Where Is Draftkings Legal? The Difference Between DFS and Sportsbooks

You will have come across two Draftkings products during your research – their daily fantasy sports offering and their sportsbook. What exactly is the difference between Draftkings DFS and Draftkings Sportsbook?

The answer is fairly simple. In sports betting, you go up against the house based on the odds they provide for either game results or the likelihood of specific events. Fundamentally, daily fantasy sports are centred around playing against other users rather than playing against the house. They also don’t involve odds and simply come down to picking a roster for particular games that will compete against another user’s roster for the same game.

This brings in an element of skill which has passed government scrutiny in many markets over the years, in the same way, that pari-mutuel betting on horse racing has found favour.

Where Is Draftkings Sportsbook Legal?

Since the Supreme Court’s favourable decision in favour of sports betting, state governments have gained the power to make their own calls on the legalization of sports betting. Since then, each state has gone through its own legal process. Which states don’t allow DraftKings and which states do allow DraftKings has been decided at their behest. States where DraftKings online sports betting is legal to include the following list. Ohio will soon be on this list, having greenlit sports betting. DraftKings should be open to Ohio residents from the start of January 2023.

  • Arizona, Colorado, Connecticut, Illinois, Indiana, Iowa, Louisiana, Maryland, Michigan, New Hampshire, New Jersey, New York, Pennsylvania, Tennessee, Virginia, and West Virginia.

Although all these states have agreed on legalizing DraftKings Sportsbook, there are still differences, such as the amount of DraftKings winnings taxed. The states not listed are the ones who have decided not to legalize the DraftKings Sportsbook yet. Some of those states have banned sports betting entirely, while others have specifically banned DraftKings or only allow one type of service.

DraftKings Summary

Now, for interested individuals stuck in locations where DraftKings is illegal, making their voice heard by lawmakers is the best course of action. But for those who really can’t wait and want to get into DraftKings contests and tournaments immediately, it’s not impossible.

That said, it’s also not advisable to do such things. It would require getting a high-quality VPN that can slip through DraftKings security systems, and setting up payment would bring even more headaches. There’s also the slim but not impossible risk of getting punished for breaking the law.

We would recommend you follow these links if you are interested in deepening the topic.

Is Draftkings Legal In California
Is Draftkings Legal In Florida
Is Draftkings Legal In Ny
Is Draftkings Legal In Texas