West Virginia

Last verified September 27, 2026

By the Legal Sportsbooks US editorial team

West Virginia

Online and retail

Legal since

August 30, 2018 (retail); December 27, 2018 (online)

Minimum age

Regulator

West Virginia Lottery Commission

Licensed apps

9 online sportsbooks

State law

W. Va. Code 29-22D

Is sports betting legal in West Virginia?

Yes, in person and online. The Legislature passed the West Virginia Lottery Sports Wagering Act (SB 415, W. Va. Code Chapter 29, Article 22D) on March 3, 2018, and it became law without Gov. Jim Justice's signature on March 9, more than two months before the U.S. Supreme Court struck down the federal ban. The first legal bet was taken at Hollywood Casino at Charles Town Races on August 30, 2018, and statewide mobile betting began on December 27, 2018. You must be 21 to bet.

Where you can bet

The Act caps operator licenses at five, and every app is tethered to one of the five licensed casinos. The Lottery's July 15, 2026 license list shows nine consumer sportsbook brands: BetMGM, FanDuel, Caesars Sportsbook, DraftKings, Fanatics Sportsbook, BetRivers, theScore Bet, bet365 and Betly. bet365 (Hillside (West Virginia) LLC) has held an interim license since January 21, 2026. Betly is run by Gamewise, LLC for Delaware North's two casinos, and theScore Bet is the Penn Entertainment app that replaced ESPN Bet on December 1, 2025.

All five casinos have retail sportsbooks: Hollywood Casino at Charles Town Races, Mountaineer Casino in New Cumberland, Mardi Gras Casino in Nitro, Wheeling Island and The Greenbrier in White Sulphur Springs. The Greenbrier's book isn't open to the public; you have to be a hotel guest or member.

The state takes 10% of adjusted gross sports wagering receipts. Each fiscal year the first $15 million of net profit goes to the State Lottery Fund and the rest to the Public Employees Insurance Agency Financial Stability Fund. The statute's definition of a sports event covers collegiate events and, since 2022, e-sports.

How West Virginia legalized sports betting

The lottery amendment and casino gaming (1984 to 2009)

West Virginia's first constitution banned lotteries outright, and the ban held until voters ratified an amendment to Article VI, Section 36 on November 6, 1984. The amendment lets the Legislature authorize lotteries "regulated, controlled, owned and operated by the State of West Virginia in the manner provided by general law." The State Lottery Act followed in 1985 (HB 1929), and instant tickets went on sale in January 1986. Racetrack video lottery, casino table games and sports betting all run as state lottery games under that exception.

In 1990 the Lottery Commission contracted with Mountaineer Park for video lottery machines at its Hancock County track. After the state Supreme Court blocked an extension of that deal in 1993 (see the court cases below), the Legislature passed the Racetrack Video Lottery Act in a 1994 special session (HB 5016). The Racetrack Table Games Act came in 2007 (HB 2718). Article 25, amended in 2009 by SB 575, governs video lottery and table games at a historic resort hotel, the category that covers The Greenbrier.

SB 415 and the integrity fee fight (2017 to 2018)

Delegate Shawn Fluharty filed sports betting bills in 2017 and 2018. The bill that passed was SB 415, sponsored by Sen. Ryan Ferns and introduced January 29, 2018. The Senate passed it February 20, the House on March 2, and the Senate agreed to the House changes on March 3. The bill told the Lottery to publish a notice in the State Register once a federal law or court decision allowed states to regulate sports wagering, and barred betting until then.

The NBA, MLB and the PGA Tour lobbied for an integrity fee, and lawmakers left it out of the bill. On May 10, 2018, Justice announced a tentative deal among the Lottery, the casinos and the leagues under which the casinos, not the state, would pay a fee. The casino operators walked out of a closed-door meeting on the issue that May and said any data deal belonged in private contracts. Murphy v. NCAA came down May 14, 2018. The Lottery Commission adopted its final sports wagering rules on October 3, 2018, rejecting all seven changes the leagues had asked for, including the fee, and saying it "declines to intervene between negotiations between private business entities."

Launch, the BetLucky shutdown and the relaunch (2018 to 2019)

Hollywood Casino's William Hill book took the first bet on August 30, 2018, and The Greenbrier's book opened in September. Delaware North opened books at Wheeling Island and Mardi Gras on December 27, 2018, along with the statewide BetLucky app, the state's first mobile sportsbook. The platform behind all three went dark on March 6, 2019, after supplier Entergaming cut off service in a licensing dispute with Miomni Gaming, and the state had no mobile betting for more than five months. FanDuel, tethered to The Greenbrier, relaunched mobile betting on August 26, 2019. DraftKings, tethered to Mountaineer, followed on August 28.

Later amendments

2019: HB 2934, the West Virginia Lottery Interactive Wagering Act, legalized online casino games. It became law without the governor's signature on March 28, 2019, and took effect June 7.
2020: HB 4353 required a rational link between an applicant's past criminal conduct and a license denial, including sports wagering licenses. Signed March 5, 2020.
2022: HB 4826 added e-sports events. It became law without a signature on March 30, 2022, effective June 10.
2024: HB 4700 directed the Lottery to write a rule for banning bettors, including those who threaten safety or harass sports officials, coaches or players, with a right to a hearing. Signed March 27, 2024, effective June 6.
2025: SB 576 authorized fixed-odds wagering on horse and dog racing. Signed April 28, 2025, effective July 11.
2026: HB 4398 would have raised the sports wagering tax from 10% to 25%, and HB 4397 would have raised the online casino tax from 15% to 25%. Both were introduced on January 16, 2026, and neither got past committee referral.

Sports betting court cases in West Virginia

We found no lawsuit challenging the Sports Wagering Act itself, and the leagues didn't sue over the integrity fee. No prediction market case has been filed in a West Virginia court.

State ex rel. Mountaineer Park, Inc. v. Polan (W. Va. 1993, Nos. 21767 and 21768)

Mountaineer Park and the Lottery Commission asked the Supreme Court of Appeals to order state officials Charles M. Polan and purchasing director Ron Riley to approve an extension of the 1990 video lottery contract. Riley had refused, citing an Attorney General opinion that the state had to own the terminals. On October 28, 1993, the court denied both writs. The court held that Article VI, Section 36 allows only lottery operations regulated, owned and operated in the manner set by general laws the Legislature passes, and that the general rulemaking power over "electronic video lottery systems" in W. Va. Code 29-22-9(b)(2) was an unconstitutional delegation to the commission.

Christie v. NCAA / Murphy v. NCAA (U.S. Supreme Court No. 16-476)

West Virginia led the states backing New Jersey's challenge to the Professional and Amateur Sports Protection Act. Its coalition filed an amicus brief at the petition stage on November 14, 2016, and a merits brief on September 5, 2017, for West Virginia, 17 other states and the governors of Kentucky, Maryland and North Dakota, under Attorney General Patrick Morrisey. The Court held on May 14, 2018 that PASPA's ban on state authorization of sports betting violated the anticommandeering rule (584 U.S. 453).

Delaware North iGaming, Inc. v. Miomni Gaming Ltd. (Del. Ch. No. 2019-0301-JTL)

Delaware North's subsidiary sued Miomni and its CEO, Michael P. Venner, in the Delaware Court of Chancery on April 18, 2019, alleging fraudulent inducement and breach of the agreement behind their BetLucky Interactive joint venture. The complaint says Miomni claimed to own platform technology it only licensed from Entergaming, hid a dispute over unpaid fees, and let Entergaming shut the platform down after a February 25, 2019 termination letter. Miomni moved to dismiss, arguing it hadn't breached the contract, the fraud claims were inadequately pleaded and the court lacked jurisdiction over Venner. Delaware North filed an amended verified complaint on August 8, 2019. We found no published ruling or reported settlement, and we couldn't confirm how the case ended.

KalshiEX LLC v. Martin (4th Cir. No. 25-1892)

West Virginia sits in the Fourth Circuit, so this Maryland case will bind federal courts in the state. Maryland sent Kalshi a cease-and-desist letter on April 7, 2025, and Kalshi sued on April 21, arguing the Commodity Exchange Act preempts state gaming law. Judge Adam B. Abelson denied a preliminary injunction on August 1, 2025, and Kalshi appealed. The court heard argument May 7, 2026. Maryland filed a letter on September 21, 2026 citing an Iowa ruling against Kalshi, and on September 25 Kalshi told the court the CFTC expects a revised Rule 40.11 to become final within two months. We found no decision from the panel as of September 27, 2026. West Virginia did not join the December 22, 2025 brief in which Nevada, Ohio, 36 other states and D.C. backed Maryland.

Other circuits have split. The Third Circuit ruled for Kalshi against New Jersey on April 6, 2026 (KalshiEX LLC v. Flaherty, No. 25-1922), and New Jersey's Supreme Court petition (No. 26-299) has a response due November 9, 2026. The Ninth Circuit ruled against Kalshi in Nevada on August 28, 2026 (KalshiEX, LLC v. Assad, No. 25-7516), and an en banc petition was filed September 9. The Sixth Circuit held on September 25, 2026 that the Commodity Exchange Act doesn't preempt Ohio's or Tennessee's gambling laws (KalshiEX LLC v. Schuler, Nos. 26-3196 and 26-5235).

Prediction markets and daily fantasy

West Virginia's definition of sports wagering lists "exchange wagering," and taking sports bets without a license is a misdemeanor under W. Va. Code 29-22D-20(a). The Lottery has used that power against offshore books, sending Bovada a cease-and-desist letter on June 27, 2024. As of September 27, 2026, we hadn't found any enforcement action or public statement from the Lottery or Attorney General JB McCuskey aimed at Kalshi, Polymarket, Crypto.com, Robinhood or any other prediction market, and no 2026 bill on event contracts. Novig (Ludlow Exchange, LLC d/b/a Novig), a CFTC-designated contract market since June 16, 2026, excludes only Nevada, Arizona and Michigan on its eligibility page, so it accepts West Virginia users who are 21 or older. The court fight over state power is covered above.

The Act excludes "Daily Fantasy Sports (DFS)" from sports wagering but doesn't define the term. A July 7, 2016 Attorney General opinion addressed fantasy contests only as defined in SB 529, a bill that never passed. In January 2022 the Lottery sent PrizePicks a cease-and-desist letter calling its single-player game unlicensed sports wagering, and PrizePicks says it stopped offering that game, then launched its multiplayer Arena game in January 2024. On August 6, 2025, answering a request from House Speaker Roger Hanshaw, McCuskey concluded that PrizePicks' single-player game meets the Act's initial definition of sports wagering, but because DFS is excluded and undefined, he couldn't say whether unlicensed operation violates 29-22D-20(a), and the record didn't show whether the game is predominantly chance. A 2025 fantasy licensing bill, HB 3481, went to House Judiciary on March 18, 2025, and didn't move after that.

Help with a gambling problem

Call 1-800-GAMBLER. The 24-hour helpline is run by the Problem Gambling Help Network of West Virginia, operated by First Choice Services and funded by the West Virginia Lottery.

Sources

Common questions

How we track and verify state laws

What does Legal Sportsbooks US track?

Every state's legal status, the date betting became legal, the minimum age, the regulator and the licensed apps, plus the legal history and court cases behind them, for all 50 states and Washington, D.C. Our page on how we track and verify state laws explains the details.

What do the statuses mean?

Online and retail means licensed mobile apps and in-person sportsbooks both operate. Online only means betting happens through licensed apps, with no retail sportsbooks. Retail only means you can bet in person at licensed venues, but there's no statewide app. Not legal means no licensed sportsbooks operate. Legislation pending means a bill or ballot measure is moving, but betting hasn't launched. Not yet verified means we haven't confirmed the state's current status.

Can I bet on sports where I live?

The rules follow where you are when you place the bet. Licensed apps use geolocation to confirm you're inside a state where they can operate, and some states limit betting to certain premises. Find your state in the state index, or read our guide to location rules.

How old do you have to be to bet on sports?

It's 21 in 33 of the 40 jurisdictions with legal sports betting and 18 in five: Washington, D.C., Montana, New Hampshire, Rhode Island and Wyoming. In North Dakota and Washington, the tribal casino sets the age.

How current is the tracker?

State laws and licenses change, so every state entry records the date it was last verified. If a status looks out of date, the state regulator's website has the official answer.

Is this legal advice?

No. We summarize public information about state sports betting laws. Confirm the rules with your state regulator before you bet, and don't wager more than you can afford to lose.