Is sports betting legal in Idaho?
No. Article III, Section 20 of the Idaho Constitution declares gambling "contrary to public policy" and "strictly prohibited" except for a state lottery, pari-mutuel betting, and bingo and raffles run by qualified charities. The same section bars any form of casino gambling. No sports betting bill has been filed in the Legislature, and legal sportsbooks would first need a constitutional amendment.
Why it isn't legal yet
Sports betting fits the state's criminal definition of gambling. Idaho Code 18-3801 defines gambling as risking anything of value "for gain contingent in whole or in part upon lot, chance, the operation of a gambling device or the happening or outcome of an event." Taking bets is a separate offense. Under Idaho Code 18-3809, bookmaking and pool selling, including making books on "any trial or contest of skill, speed or power of endurance," is a misdemeanor punishable by up to $1,000 and six months in county jail. Placing a bet is also a misdemeanor under 18-3802.
Under Article XX, Section 1, an amendment needs a two-thirds vote of all members of each house, then a majority of voters at the next general election. CBS Sports' state tracker reported on September 24, 2026 that Idaho has had no proposed sports betting legislation.
The four compacted tribes (Coeur d'Alene, Kootenai, Nez Perce and Shoshone-Bannock) run seven casinos. They offer tribal video gaming machines and bingo under state compacts, and none of them takes sports bets.
The history of sports betting law in Idaho
1890 to 1992: from a lottery ban to a gambling ban
The 1890 constitution said only that "the legislature shall not authorize any lottery or gift enterprise." The Legislature legalized betting on horse racing in 1963. On November 8, 1988, voters approved HJR 3 by 212,877 to 198,062, which replaced the lottery ban with exceptions for a state lottery, pari-mutuel betting and charitable games. The Idaho Lottery has returned money to the state since 1989.
The present text dates from 1992. That year the Legislature met in its first extraordinary session and rewrote the gaming chapter of the criminal code, including 18-3801 and 18-3802. It also sent voters HJR 4, which they ratified on November 3, 1992 by 273,496 to 198,883 (58%). HJR 4 produced the current text, which confines gambling to the three exceptions and bans casino games by name: blackjack, craps, roulette, poker, baccarat, keno and slot machines, plus electronic imitations of them.
Tribal gaming and Proposition One (2002)
The Indian Gaming Regulatory Act of 1988 lets tribes offer Class III games only under a tribal-state compact, and it ties the scope of those games to state law. Idaho and the tribes disagreed over which machines state law allowed, and tribes took the question to voters as Proposition One, approved on November 5, 2002. It enacted Idaho Code 67-429B, which says a "tribal video gaming machine" is not a slot machine or an imitation of casino gambling, and 67-429C, which offered tribes compact amendments. Those amendments capped machine growth at 25% over 10 years from the January 1, 2002 count and required tribes to give 5% of annual net gaming income to schools on or near the reservation. Neither statute covers sports wagering.
Horse racing machines and later bills
Idaho Code 54-2512A briefly allowed wagering on historical horse races at racetracks. On March 30, 2015 both chambers passed Senate Bill 1011 by supermajorities to repeal it. Gov. Butch Otter's veto came on April 6, after the constitution's five-day deadline, and the Idaho Supreme Court held that the repeal had become law. Voters then rejected the 2018 Proposition 1, which would have brought the machines back to tracks, 53.8% to 46.2% on November 6, 2018.
Rep. Tom Loertscher's House Bill 127 (2017) would have added a ban on anything resembling a slot machine to the tribal gaming law. House State Affairs introduced it on February 8, 2017 and voted to kill it on February 23. Since Murphy v. NCAA struck down the federal sports betting ban on May 14, 2018, no Idaho bill or joint resolution has proposed legal sports betting.
Daily fantasy sports (2016)
Attorney General Lawrence Wasden told DraftKings and FanDuel that paid daily fantasy contests "constitute gambling under Idaho law." After three months of talks, both companies agreed to block Idaho players from paid contests as of May 1, 2016. The deal lets them return if the Legislature authorizes the contests or a court rules in their favor, with 30 days' written notice to the attorney general. The deal doesn't cover free contests. We haven't found a later Idaho law or ruling that authorizes paid DFS.
Sports betting court cases in Idaho
In re Indian Gaming Initiative (Idaho Supreme Court, 2002)
Opponents asked the court to rule Proposition One unconstitutional before the vote. On August 28, 2002 (No. 28590), the court dismissed the petition because there was no justiciable controversy: any harm would come only if the measure passed.
Idaho v. Shoshone-Bannock Tribes (Ninth Circuit, 2006)
The state and the Idaho State Lottery argued that the Shoshone-Bannock Tribes could operate tribal video gaming machines only if they accepted the machine caps and 5% school payments in the Proposition One amendments. The district court rejected that argument, and on October 11, 2006 (No. 04-35636) the Ninth Circuit affirmed. It held that the compact's promise of "those same additional games" covered the games themselves, and that the compact's tax bar blocked the state from imposing the school payments on its own.
Knox v. State ex rel. Otter (Idaho Supreme Court, 2009)
Two residents sued to have Idaho Code 67-429B and 67-429C declared unconstitutional under Article III, Section 20. The district court dismissed for lack of standing, and on November 27, 2009 (No. 35787-2008, 148 Idaho 324) the Supreme Court affirmed. It found that a ruling for the plaintiffs would not redress their injuries, because Idaho hasn't assumed criminal or civil jurisdiction over gambling on reservations. The court said it expressed no opinion on whether Proposition One is constitutional.
Idaho v. Coeur d'Alene Tribe (Ninth Circuit, 2015)
Idaho sued in 2014 (D. Idaho No. 2:14-cv-00170) after the Coeur d'Alene Tribe began offering Texas Hold'em. Chief Judge B. Lynn Winmill granted a preliminary injunction, and on July 22, 2015 (No. 14-35753) the Ninth Circuit affirmed. Because Idaho explicitly prohibits poker, the court said Hold'em was Class III gaming, and IGRA overrides tribal immunity for Class III gaming run in violation of a compact.
Coeur d'Alene Tribe v. Denney (Idaho Supreme Court, 2015)
After Secretary of State Lawerence Denney refused to certify SB 1011, the tribe asked for a writ of mandamus. The court granted it on September 10, 2015, and issued a substitute opinion on November 20, 2015 (No. 43169, 161 Idaho 508). It held that the governor's veto came too late, so the repeal of historical horse racing was law. The state was ordered to pay the tribe $57,407 in attorney fees.
Prediction market rulings that bind Idaho (2026)
We found no Idaho lawsuit or cease-and-desist letter against a prediction market operator, and no operator suit against Idaho. Ninth Circuit precedent from Nevada and California cases binds the federal courts in Idaho.
In KalshiEX, LLC v. Assad (No. 25-7516), decided August 28, 2026, a panel upheld the dissolution of Kalshi's preliminary injunction against Nevada regulators. It held that Kalshi's sports event contracts are sports bets that fall outside the Commodity Exchange Act's definition of "swaps," so the Act likely does not preempt state gaming law. Kalshi petitioned for rehearing en banc in September, and that petition is pending. Idaho was among the 39 states on the Ohio and New Jersey amicus brief backing Nevada; Attorney General Raúl Labrador announced the filing on March 23, 2026.
In Blue Lake Rancheria v. Kalshi, Inc. (No. 25-7504), decided September 16, 2026, the court held that two California tribes are likely to prove that Kalshi's sports contracts, entered from tribal lands, are Class III gaming under IGRA offered without a compact. It sent the case back for the other preliminary injunction factors. Bloomberg Law reported on September 24 that Kalshi had geofenced three California tribes' lands.
The Third Circuit ruled for Kalshi in New Jersey's case, and New Jersey's petition for review, Flaherty v. KalshiEX, LLC, was docketed at the Supreme Court on September 8, 2026 as No. 26-299. Kalshi's response, first due October 8, is now due November 9, 2026 after an extension granted September 22.
Prediction markets and daily fantasy
Sports contracts from Kalshi and Polymarket are open to Idaho users, and as of September 24, 2026 the state hadn't objected to them. Labrador's March 2026 statement said Idaho "will continue defending our right to regulate gambling as we see fit." Novig (Ludlow Exchange, LLC, designated a contract market by the CFTC on June 16, 2026) excludes only Nevada, Arizona and Michigan, so it takes Idaho traders who are 21 or older and pass ID checks.
Paid daily fantasy is still shut out under the 2016 agreement described above. Action Network's DFS tracker, last updated March 14, 2025, listed no traditional or pick'em DFS operator in Idaho.
Help with a gambling problem
The National Problem Gambling Helpline, 1-800-MY-RESET (1-800-697-3738), takes calls and texts, and chat is at 1800myreset.org. The National Council on Problem Gambling's Idaho page also lists Gamblers Anonymous and Gam-Anon. The Idaho Lottery's Play Wise program sets 18 as the minimum age to buy, sell or redeem lottery tickets.
Sources
Idaho Constitution, Article III, Section 20 (gambling prohibited)
Idaho Constitution, Article XX, Section 1 (how amendments are proposed)
Amendment history of Article III, Section 20 (1988 HJR 3, 1992 HJR 4)
Idaho Code 67-429C, amendment of state-tribal gaming compacts
American Gaming Association: Idaho gaming regulatory fact sheet
Idaho v. Shoshone-Bannock Tribes, Ninth Circuit No. 04-35636 (2006)
Idaho v. Coeur d'Alene Tribe, Ninth Circuit No. 14-35753 (2015)
Idaho Press: voters turn down historical horse racing terminals (2018)
Spokesman-Review: lawmakers introduce bill to target tribal gaming (2017)
Idaho Business Review: House committee kills tribal gaming bill (2017)
East Idaho News: AG agreement ends paid daily fantasy contests (2016)
39-state amicus brief, Ninth Circuit Nos. 25-7187, 25-7516, 25-7831
KalshiEX, LLC v. Assad, Ninth Circuit No. 25-7516 (Aug. 28, 2026)
Blue Lake Rancheria v. Kalshi, Inc., Ninth Circuit No. 25-7504 (Sept. 16, 2026)
Gambling Insider: Flaherty v. KalshiEX docketed as No. 26-299
Bloomberg Law: Kalshi takes its prediction markets out of three tribes' lands
CBS Sports: sports prediction market status in all 50 states