Online Casinos in Montana

Montana Prohibits Online Casinos by Name

Montana is unusual among states that do not license online casino play: rather than being silent, its code addresses the activity expressly. Montana Code Annotated 23-5-112 defines internet gambling and then says of that definition, "The term includes online casinos, by whatever name known, which constitute internet gambling and therefore are prohibited." The same section places internet gambling inside the list of illegal gambling enterprises, and the general rule in 23-5-151 is that "Except as specifically authorized by statute, all forms of public gambling, lotteries, and gift enterprises are prohibited."

The prohibition is backed by criminal liability, and the statute reaches operators based elsewhere: "A person who purposely or knowingly operates any type of illegal internet gambling site within the state's borders, including operating an online gambling site in the state through licensed or unlicensed offshore sources, is subject to felony criminal liabilities as provided under this section." No online casino is licensed in Montana, and this site does not point readers at operators that are not licensed where they are.

The Currency Test, and What It Means for Sweepstakes Casinos

Montana's definition turns on currency rather than on how a product describes itself. The prohibition covers "any platform, website, or application that knowingly transmits or receives gambling information, allows consumers to place a bet or wager using any form of currency, and makes payouts of any form of currency". The only carve-out is narrow: "Online casinos that do not allow the use of currency of any kind are not considered a gambling activity and therefore are permitted."

On the face of that test, a dual-currency sweepstakes casino looks like a product that allows play with a currency and makes payouts that can be redeemed, which would put it inside the prohibition rather than inside the carve-out; a social casino with no redemption of any kind looks like the product the carve-out describes. Both of those are readings of the statute rather than findings about the model. No Montana statute, court decision or regulator statement found for this page applies 23-5-112 to either one, so no sweepstakes status is recorded for Montana, and a reading this page could construct is not a statement of Montana law. Sweepstakes casinos and real-money casinos are separate products with separate rules, and neither is presented here as a licensed version of the other.

Online Sports Betting Is a Different Question

Montana's treatment of sports betting should not be read across to casino games. The Gambling Control Division's remit stops short of it: "The GCD regulates all forms of gambling in Montana except for sports betting, the Montana Lottery, and horse racing." Sports wagering sits with the state lottery, and the statute defines a licence as covering "sports wagering conducted through mobile application or other digital platforms that is initiated and received or otherwise made exclusively within the physical confines using location-based services of the single approved sports wagering facility." That is wagering on a phone inside a licensed venue, not a statewide online market, and it carries no implication for online casino games, which remain prohibited.

Who Regulates, and the Minimum Age

Gambling administration is a Department of Justice function. The code provides that "Powers and duties of department -- licensing. (1) The department shall administer the provisions of parts 1 through 8 of this chapter.", and the department's Gambling Control Division describes its charge this way: "The legislature has charged the Gambling Control Division (GCD) with maintaining a uniform regulatory climate that is fair and free of corrupt influences." The statutory minimum age for taking part in gambling is 18: "Except as provided in subsection (3), a person under 18 years of age may not purposely or knowingly participate in a gambling activity." That is the age for lawful gambling in Montana, not an age at which online casino play becomes available, because none is licensed.