West Virginia Gambling & Gaming Laws (2026)

A comprehensive legal reference for gambling & gaming in the state of West Virginia. This guide covers current statutes, penalties, and restrictions for 6 different categories.

Daily Fantasy Sports are legal in West Virginia. West Virginia legalized daily fantasy sports in 2016.

DFS Rules

Legal

Licensed Operators

Legal

Penalties

N/A

Minimum Age

18+

The minimum gambling age in West Virginia is 18 for most forms of gambling including lottery and some casino games. State law permits gambling at age 18 for certain forms (lottery, bingo, pari-mutuel).

Casino Minimum Age

18+ for most gambling; 21+ at some venues

Lottery/Other Gambling Age

Legal

Penalties

Underage gambling is a misdemeanor.

Minimum Gambling Age

18+

West Virginia legalized online casino gambling and online poker in 2019 under the West Virginia Lottery Interactive Wagering Act (W. Va. Code § 29-22B-1 et seq.). The West Virginia Lottery Commission regulates licensed online casino and poker operators.

Online Casino Rules

Possession of licensed online casino and poker software is legal.

Licensed Platforms

Sale and operation of licensed online casino and poker platforms is legal under W. Va. Code § 29-22B-1.

Penalties

N/A for licensed operators; unlicensed operations face misdemeanor or felony charges.

Minimum Age

21+ for all online gambling activities.

West Virginia legalized online sports betting and online casino gambling in 2018 under WV Code § 29-22D. Licensed operators can offer both online sports betting and online casino games.

Online Gambling Rules

Possession and use of licensed online gambling apps is legal.

Licensed Operators

Only licensed operators approved by the West Virginia Lottery Commission may offer online gambling.

Penalties

Unlicensed gambling operations face felony charges under WV Code § 61-8-15.

Minimum Age

21 years old.

Social poker home games are legal in West Virginia as long as no one takes a rake or house cut from the pot. No significant changes to the laws regarding social gambling.

Home Game Rules

Legal for social games without a rake

Rake/House Cut Rules

N/A

Penalties

Taking a rake converts it to illegal gambling.

Age Requirements

Varies, typically 18+

Sports betting is legal in West Virginia. No significant changes since the launch in 2018.

In-Person Betting

Legal for 21+. West Virginia launched sports betting in September 2018 under the West Virginia Lottery Sports Wagering Act. Online/mobile and retail available. Operators include FanDuel, DraftKings, BetMGM, Caesars, and BetRivers through partnerships with licensed casinos.

Online/Mobile Betting

Online/mobile betting available statewide. Retail sportsbooks at licensed casinos (Hollywood Casino, Mountaineer Casino, Wheeling Island, Mardi Gras Casino, Greenbrier). Operator tax rate: 10% of gross revenue.

Penalties

Unlicensed gambling operations face criminal charges. Individual bettors using licensed platforms face no penalties.

Minimum Betting Age

21+