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Legal Gambling Age In New Mexico

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Unless specifically permitted by law, gambling is prohibited in New Mexico pursuant to §60-2E-4 of the Gaming Control Act and the New Mexico Criminal Code, 30-19-1 thru 30-19-15 NMSA 1978. The legal casino gambling age is 21 in New Mexico. New Mexico; Oregon; South Dakota; Wisconsin; Mixed age limits. Some states allow gambling for ages 18 and up or 21 and up, some depending on the particular casino, others depending on the particular casino game. For example, Florida allows those 18 and up to gamble on pari-mutuels, bingo, and poker, but has an age minimum of 21 for slots.

When avid gamblers travel the United States, they all seem to find one universal truth: they are not alone. This shouldn't be read in a philosophical, loving universe sense, but rather in the sense that no matter where one may travel in this enormous country, people love to gamble, including New Mexico. Gamblers in the Land of Enchantment would do well to understand New Mexico gambling laws and how they affect residents.

This seems to ring especially true in the state of New Mexico. Whereas Nevada gets all the attention as the desert state with all the right moves when it comes to legal gambling, the large tribal presence in New Mexico means that the Land of Enchantment is no slouch. Bugs Bunny never managed to take that left turn in Albuquerque, but maybe he should have just stayed.

NewMexicoGamblingLaws.com exists solely to help residents of New Mexico navigate the legal landscape when it comes to gambling in their home state. While many believe that if they gamble at all they will be arrested and sentenced to a stay in jail, this is not the case so long as they make wise decisions about how and where they gamble.

Federal law states that while the facilitation of illicit gambling is a serious crime, the mere participation in gambling via placing bets and wagers is not an activity that will be punished. Although some states including New Mexico will add further legislation based on this template, those living in New Mexico should find it relatively easy to gamble safely and legally.

The remainder of this page will not only break down the laws governing gambling in great detail, but help steer residents toward legal avenues through which they may participate in the hobby.

The Legality of Gambling in New Mexico

Legal Gambling Age In New Mexico

The first and most important way in which New Mexico gambling laws differ from federal policy on the same subject is that New Mexico actually defines making a 'bet' in their legislation. Chapter 30-19.1 section B of state legislation defines a 'bet' as a bargain in which the parties agree that, dependent upon chance, even though accompanied by some skill, one stands to win or lose anything of value specified in the agreement.'

A quick perusal of this definition will reveal that the lawmakers left very little to the imagination. By ruling out games that are contingent 'even in part' on chance, New Mexico has knocked out sports betting, casino games, and even poker which is often considered a game of skill. Chapter 30-19.2 of the same document classifies the penalty for this act as a petty misdemeanor, the least serious crime in the state of New Mexico. Upon conviction of a petty misdemeanor in court, the guilty party can face about 30 days in jail along with a fine of $100. The good news is, not only is that a preposterously light penalty, it is not even one that the state of New Mexico enforces.

Indeed, even if one looked through all the books leading back to the formation of the state, they would not find a single gambling arrest in the state of New Mexico. It's important to understand that the spirit and intent behind these laws was, is, and always has been to target large criminal syndicates, not to punish otherwise honest individuals for merely placing a bet or a wager.

However, this should not be takes to mean that the state of New Mexico hosts a free for all when it comes to gambling. If a New Mexico resident is found guilty of 'commercial gambling,' they not only face a great likelihood of prosecution, but the penalties are much steeper. In accordance with chapter 30-19.3 of the state constitution, commercial gambling is a fourth degree felony. Not only will these crimes stay on a criminal record forever, but they can land the offenders in prison for up to 18 months as well as earn them a $5000 fine. Obviously, every gambler in New Mexico should take special care not to commit this act.

Gambling For Entertainment vs. Commercial Gambling

Fortunately for those in the land of enchantment, the execution of these New Mexico gambling laws is even more distinct than the respective punishments attached to each one of them. Whereas gambling involves the mere act of placing a bet, commercial gambling involves taking that bet at a profit to oneself.

To provide a clearer example: it's easy to see that in order for a bet to be placed, at least two parties are required. The first is obviously the one who has the will to place a bet. This person would be guilty of 'gambling,' which has never been prosecuted, (and considering the measly money it can earn the state of New Mexico, don't look for that to chance anytime soon.) but the person inside the facility taking the bet would most likely be guilty of commercial gambling.

This does not mean that the state of New Mexico is breaking down doors to haul away anyone who hosts a game of poker in their home for there is one more vitally important parameter which must be met in order to qualify for 'commercial gambling;' the guilty party must make a profit off the gambling. This does not mean that one who is guilty of commercial gambling has merely has a good night with betting and come out ahead, they must put themselves in a position to turn a profit regardless of whether they place a bet or not.

Some popular means of doing this are by charging admission for the privilege to play in a game, operating any traditional casino game as the 'house,' (by definition, the house always has the best chance to win) collecting a small percentage of each pot as profit from a poker game, (this is often called 'rake') or operating a sportsbook which would entail assuming responsibility for collecting from losing bets as well as paying out winners.

Just so long as those living in New Mexico avoid these specific acts, they will avoid that felony, or indeed, any legal troubles at all for busting New Mexico gambling laws.

Types Of Gambling Laws In New Mexico

New Mexico Sports Betting Laws

Despite New Mexico's lax stance towards gambling and the fact that they have sanctioned several casinos, federal law does not allow them to sanction sports betting. Due to the Professional and Amateur Sports Protection Act (or PASPA) that was passed in 1992, New Mexico is unable to license any sports betting, even in facilities in which gambling is already taking place. This means that any land based sportsbooks found in New Mexico are maintained illegally, and therefore, and incredibly unsafe investment, not only for personal safety, but for hard earned money.

This is why thousands of New Mexico residents have already turned to legal online sportsbooks who operate overseas via the internet. Using these websites, residents may safely place bets on any sports events they wish in a safe and legal manner.

New Mexico Casino Gaming Laws

In New Mexico, there are several venues in which residents may participate in slot machines and all forms of traditional casino games. Whether a resident is most interested in laying down some money on the roulette wheel, spinning a great variety of slot machines or just playing some blackjack, New Mexico residents have a great variety of not only state sanctioned casinos at their disposal, but federally exempt tribal casinos as well.

Of course, if the casinos are too far a drive or one just does not want to deal with the crowds, they can join the millions of US citizens who take advantage of legal online casinos every day. Through these venues, they can have all the games and potential winnings of a brick and mortar casino delivered straight into their own home!

New Mexico Poker Laws

As what is by far the most popular gambling game in the United States, many states write exemptions for poker so that even if they do not sanction any gambling facilities, they may have legal, standalone poker rooms. While New Mexico is not such a state, the high rate of casinos as it is makes this irrelevant. Those who wish to play poker in a casino environment are in luck as there are upwards of 20 casinos spread throughout the state, and they all feature at least one poker room.

Legal gambling age in new mexico

Of course, home games are always an option in New Mexico as well. While social gambling is not excluded from in legislation, the lax state of gambling enforcement means that the sacred ritual of Saturday night beers and cars should be intact, as well as the ability to spend a quiet night in playing poker via legal online poker rooms.

New Mexico Betting Age: How Old To Gamble In NM?

New Mexico gambling laws are very friendly when it comes to gambling, but there is an easy way to toss all that goodwill to the winds: gambling underage. The legal age to gamble in the state is 21, and it is highly recommended that all residents wait until they are at least that old before they partake.

Violation of this rule will not only result in hefty penalties from the state including fines, mandated community service or even jail time, but penalties from whichever facility catches the guilty party as well. In addition to instituting some sort of long term ban, all funds the offender would otherwise be entitled to will be seized by the facility. There are things in life worth waiting for. One of them may be kissing your next door neighbor, but the other is legal gambling.

GeneralLotteryCasinosPokerPari-MutuelBingo
1818212118N/A

Legal Gambling Options For New Mexico Residents

On-Land: The state of New Mexico offers over 20 casinos spread throughout the state by virtue of the state sanctioning such facilities or the Indian Gaming Act granting a federal exemption for tribal casinos. These brick and mortar facilities usually offer all the accommodations needed for a full weekend away, not just means to gamble. This can turn gambling into an event, which is certainly a fun way to spend a weekend, but perhaps not the thriftiest way to maintain a long term hobby.

Online/Web-Based: When a resident of New Mexico decides they want to gamble when, how, and wherever they want, they always have the option of turning to legal gambling sites for New Mexico residents.

While the state of New Mexico cannot sanction websites, these sites are able to function as legal and legitimate businesses by virtue of operating overseas, well outside of not only New Mexico, but federal jurisdiction. As a result, these networks can offer everything from legal high stakes poker to sportsbooks with no concern of being shut down by the government. This is good news for the money that their users have deposited into their accounts!

While the idea of gambling with a foreign country may be nerve wracking for a New Mexico resident, there is no need to fear. In order to operate legally, these sites must all maintain licenses from reputable international gaming commissions. This assures not only fair play for all of their members, but efficient and speedy payouts.

Legit Betting Sites For New Mexico Players

Non-Stop Gaming! #1 For Poker, Slots, Sports Wagering

If you are looking for the highest end in a New Mexico gambling site, you are well in luck if you happen to land on Bovada. Whether you're looking for the world's premiere sportsbook featuring game lines from any sport imaginable, a world class poker room where dozens of players heat up the tables every day or a casino featuring hundreds of ways to win big bucks, you'll find it all under one certified roof at Bovada. With customer endorsements a mile long and sponsorships from media juggernauts like FOX and CBS, the safest bet a new gambler can make is on this legal gambling site for New Mexico residents.

The best part about Bovada is the ability to play where and whenever you want featuring their fantastic, cutting edge mobile app. Now anywhere you can get a phone signal can be a fully functional casino. When you're stuck at the DMV, whether you want to bet on sports, play some poker, or spin the slot machine, you can attempt to hunt down lady luck. Bovada delivers the most complete gambling experience in the world right to your very fingertips!

New Mexico Gambling Sites: Quick Facts

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Want To Know More?...How To Get More Help

We are gamblers who are passionate about the law, not the other way around. While we are confident that the information on this page is accurate, it cannot be considered a legal consult. Further questions should be directed to a legal professional or the New Mexico legislature at www.nmlegis.gov, which will allow visitors to view the raw, unedited langauge of the New Mexico gambling laws.

New Mexico gambling has a long history of horse racing. The other forms of gambling in New Mexico did not take place until the 1990's, when Governor Gary Johnson used it as a platform in his election campaign. Johnson promised to sign gaming compacts with Native American tribes and create a state lottery. He was successful in doing both. New Mexico casinos and racinos were also created under his watch.

There are currently 26 New Mexico casinos currently operating in the state. Most casinos in New Mexico are Native American casinos located on reservations; with only two being commercial casinos. To locate the nearest casino, players can use our New Mexico casinos map or the list below.

New Mexico Casinos & Gambling
New Mexico Legal Gambling Age18 lottery & racing
21 casino
Number of Casinos50
Estimated Casino Revenue$900 million
Smoking banExempts casinos
Can You Gamble Online in Alabama?Yes
New Mexico Online GamblingHorse Racing

Paying Gambling Taxes in New Mexico

Important: Your gambling income is taxable! OnlineUnitedStatesCasinos has gathered everything you need to know about paying taxes on your gambling winnings straight from a Certified Public Accountant. For more information please visit our exclusive Gambling Taxes article.

New Mexico Casinos Map & Guide

  • Isleta Resort
  • Wild Horse Casino
  • Buffalo Thunder Resort
  • Cities of Gold Casino
  • Kicks 66
  • Number of B&M Casinos: 26
  • Number of Poker Rooms: 8
  • Number of Indian Casinos: 24

Types of New Mexico Online Gambling Allowed

The only form of legal online gambling in New Mexico is off-track betting. TVG is the only site licensed to accept bets from players in the state.

Daily fantasy sports sites operate in New Mexico. They claim to be a skill game so they assert legality under state law. The state legislature and its attorney general have issued no opinions that refute this position.

There are dozens of online casinos, poker, and sports betting sites that accept New Mexico players. None are licensed to operate there, and players should verify their legitimacy.

Types of Live New Mexico Gambling

There are four types of live gambling options in New Mexico. There are two horse racing tracks. They are Ruidoso Downs and Sunland Park. These venues offer live racing, off-track betting, slots, video poker and electronic table games.

There are 24 Native American casinos and two commercial New Mexico casinos currently operating in the state. These New Mexico casinos may offer popular games like slots, video poker, electronic table games, live poker, craps, roulette, blackjack, Three Card Poker, Ultimate Texas Hold'em and any house-banked table game approved by the New Mexico Gaming Control Board. Some of the smaller New Mexico casinos can only offer slot games and video poker.

Types of Legal Gambling in Wyoming
Game TypeIs it Legal?
SlotsYes
BlackjackYes
PokerYes
Craps/RouletteNo
Horse RacingYes
LotteryYes
Sports BettingYes

There is a state lottery that sells scratch-off and lotto tickets. Religious organizations and nonprofit private clubs hold bingo nights and raffle drawings.

New Mexico Gambling Laws

New Mexico gambling laws state that all forms of gambling are illegal unless specifically exempted under state law. Charities may hold games of chance if they qualify as a nonprofit organization under federal law. Raffles may not exceed $75,000 in prizes without 10 days of notice to the state gaming commission. Bingo and raffles may not be held more than once time per month and four times per year. The charity law exempts senior organizations, which may hold bingo nights as often as they wish.

The state's racetracks must be licensed. Off-track betting is only permitted at registered tracks. Racing venues may also have slot machines, video poker, and electronic table games. New Mexico racinos have a tax rate of 46.25 percent.

The New Mexico Indian casinos must have a gaming compact. There is no limitation on casino games they can offer. Slots, video poker, electronic table games, live poker and table games are permitted. Table games may be of luck or chance. The tax rate on New Mexico casinos is 9 percent.

List of New Mexico Casinos

Ruidoso Downs and Sunland Park are the two New Mexico racinos. Each offer live racing, simulcast racing, slots, video poker, and electronic table games. There are 24 Native American casinos in New Mexico that offer a full slate of games. Find your preferred casino below or use our New Mexico casinos map to find the nearest one to you.

CasinoSizeAddressWebsite
Apache Nugget Casino – Dulce130 Slot MachinesUS-550www.apachenugget.com
Buffalo Thunder Resort – Santa Fe1,200 Slot Machines20 Buffalo Thunder Trailwww.buffalothunderresort.com
Camel Rock Casino – Santa Fe500 Slot Machines17486A Co Rd. 84www.camelrockcasino.com
Casino Apache – Mescalero380 Slot Machines25845 US-70www.innofthemountaingods.com
Casino Xpress – Casa Blanca132 Slot MachinesI-40, Exit 108www.dancingeaglecasino.com
Cities of Gold Casino – Santa Fe575 Slot Machines10-B Cities of Gold Rd.www.citiesofgold.com
Dancing Eagle Casino – Casa Blanca600 Slot Machines167 Casa Blanca Rd.www.dancingeaglecasino.com
Fire Rock Casino – Church Rock900 Slot Machines249 Rte 66www.firerocknavajocasino.com
Flowing Waters Casino – Waterflow125 Slot Machines2710 US-64www.flowingwater.com
Inn of the Mountain Gods – Mescalero840 Slot Machines287 Carrizo Canyon Rd.www.innofthemountaingods.com
Isleta Resort – Albuquerque1,800 Slot Machines11000 Broadway Blvd. SEwww.isleta.com
Kicks 66 – Santa Fe10 Slot Machines67 Ogo Wii Rd.www.phillips66gas.com
Nambe Falls Casino – Santa Fe180 Slot Machines17730 US-84www.nambefallscasino.com
Northern Edge Navajo Casino – Fruitland750 Slot Machines2752 Indian Service Road 36www.northernedgenavajocasino.com
Ohkay Casino – San Juan Pablo700 Slot Machines68 NM-291www.ohkay.com
Palace West Casino – Isleta90 Slot Machines2 NM-45www.isleta.com
Route 66 Casino – Albuquerque1,700 Slot Machines14500 Central Ave. SWwww.rt66casino.com
San Felipe Casino – San Felipe600 Slot Machines25 Hagen Rd.www.sanfelipecasino.com
Sandia Resort and Casino – Albuquerque2,300 Slot Machines30 Rainbow Rd.www.sandiacasino.com
Santa Ana Star – Bernalillo1,450 Slot Machines54 Jemez Canyon Dam Rd.www.santaanastar.com
Santa Claran Casino – Espanola650 Slot Machines460 N. Riverside Dr.www.santaclaran.com
Sky City Casino – Acoma640 Slot MachinesI-40 Exit 102www.skycity.com
Taos Mountain Casino – Taos200 Slot Machines700 Veterans Hwywww.taosmountaincasino.com
Wild Horse Casino – Dulce190 Slot Machines13603 US-64www.apachenugget.com

New Mexico Gambling History

Racing was the first form of legalized New Mexico gambling. That occurred in 1946. It held a monopoly in the region until the 1980's. When Texas legalized horse racing, it led to a decline in the industry in New Mexico. That is when there began a push to bring in New Mexico casinos.

New Mexico Governor Bruce King was unwilling to negotiate compacts with tribes that were operating gray area games in the early 1990's. Future Governor Gary Johnson ran on a platform that he would expand and legalize gambling on reservations. Johnson defeated King and in 1995 compacts began with more than a dozen tribes to operate New Mexico casinos.

Governor Johnson was also a proponent of a state lottery. He pushed for it and won in 1995. Johnson bought the first lottery ticket in state history.

What Is The Legal Gambling Age In New Mexico

Racetracks saw steep declines with the expansion of gambling on reservations. Ruidoso Downs and Sunland Park lobbied to add slots at their tracks, becoming the only two New Mexico racinos in the state. They prevailed in 1998, but the tax rate is 46.25 percent for these games; one of the highest in the country.

Michigan Regulated Gambling
Racing1946
Casinos1995
Lottery1995
Bingo2009

New Mexico Casinos & Gambling FAQ

Yes. It has been since 1946.

Yes. There are 26 casinos in the state.

Video poker, slots, live poker, craps, roulette, blackjack, Three Card Poker, Ultimate Texas Hold'em and other house-banked card games are spread at New Mexico casinos.

What games are spread at Ruidoso Downs and Sunland Park?

Live horse racing, off-track betting, slots, video poker and electronic table games are spread at New Mexico's two racinos.

Tribal casinos pay the state nine percent on qualified games. The racinos have an effective tax rate of 46.25 percent on all games.

The minimum New Mexico gambling age is 18 years for lottery and horse racing. New Mexico casino players must be at least 21 years. There is no minimum gambling age for charitable gaming.

New Mexico's smoking ban exempts casinos.

Is betting on horses over the Internet legal in New Mexico?

What games are offered by the New Mexico Lottery?

Legal Age For Gambling In New Mexico

Scratch-off tickets and lotto drawings, including Powerball and Mega Millions, are spread by the New Mexico Lottery.





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