South Dakota is a state that has had one of the longest-standing relationships with gambling in all of the US. It all started with the Gold Rush and the city of Deadwood, which remains the only gambling hub in all of South Dakota.
According to the state law, gambling in the form of land-based commercial and tribal casinos can only occur within the Deadwood city’s limits. Other legal forms of gambling include live and simulcast wagering on horse and dog races, and the state lottery. This leaves online casino gaming in a kind of limbo. Stay with us as we try to answer whether or not it is legal to gamble online in South Dakota and what the future of online gambling holds for this Mount Rushmore state.
Because most forms of gambling in South Dakota are legal, starting with commercial casinos, tribal casinos, social gaming, horse and dog race betting, and others, the negative stance from lawmakers when online gambling is concerned is quite surprising.
Namely, online gambling is strictly prohibited in the Mount Rushmore State as is defined in the internet gambling act, described in the chapters 22-25A of the state laws. However, going through all the amendments and rules listed in that law, especially section 22-25A-7, we get more of an insight into who is not allowed to engage in internet gambling. Namely, “no person engaged in a gambling business may use the internet or an interactive computer service to bet or wager.” This fact means that South Dakotans that work in the casino business are the ones who aren’t allowed to partake in any gambling online.
With that in mind, we can safely assume that other South Dakotans have no legal obstacles on their way to offshore online casinos. No section of the law forbids you from playing in registered offshore online casinos. These casinos are not registered and licensed in South Dakota; therefore, they are not subject to its laws. Of course, establishing an online business within the borders of South Dakota is prohibited, and that prohibition is defined under section 22-25A-8 of the state code.
It is good to know that offshore casinos are not the only forms of online gambling in South Dakota. Namely, you can indulge in online betting on horse racing as all wagers over the internet are accepted, which gives some breathing room for punters who prefer internet gambling over the traditional land-based one.
The laws and rules in South Dakota are directed more towards those operating illegal gambling facilities. Still, if you are guilty of illegal gambling, you will face an accusation of a Class 2 misdemeanor, which may incur a $500 fine and up to 30 days of imprisonment.
Wagering on daily fantasy sports competitions is not strictly allowed under the codified laws of South Dakota, but is not prohibited either. The daily fantasy sports companies conduct their business in South Dakota on the premise that DFS is not gambling per se, but more of a skill-based contest.
In 2015, the South Dakota Attorney General, Marty Jackley, confirmed the statement that no player would be punished for taking part in South Dakota fantasy sports betting. He went on to say that “daily fantasy sports wagering is predominantly a permissive game of skill or an unlawful game of chance, it will not be my intent to seek felony indictments here in South Dakota absent a clear directive from our state legislature.”
There seems to be no active initiative to legalize online gambling in South Dakota. Even some prior attempts to legalize sports betting went to waste, making it highly unlikely that any kind of significant change in terms of online gambling is possible. The government seems overly protective of land-based casino operators. This kind of policy hurts the potential earnings from the taxation of online gaming, which could bring considerable funds to the state coffers. It remains to be seen whether the legislators decide to seize the opportunities that come with online gambling.
When it comes to land-based casino options, South Dakota is thriving in that area. All brick-and-mortar casinos are located within the city of Deadwood, and offer all gambling options you need, from slot games, poker, blackjack, roulette, and all other kinds of games. The betting range reaches $1,000 per hand, which is much higher than the first limits imposed by the law. The gaming tax that applies to commercial casinos is 9%. The Indian casinos are exempt from this tax under the Indian Gaming Regulatory Act.
Here are some land-based casino options in South Dakota you should visit while down in the Mount Rushmore State.
Cadillac Jack’s Gaming Resort is a premium casino and hotel located in Deadwood and overviewing the natural landscape offered by the Black Hills. Cadillac Jack has a superb gaming floor with over 240 slot machines, 22 table games like blackjack, craps, roulette, poker, and many others. Each table is featuring $1,000 bet limits, which is perfect for high rollers. For your accommodation services, you can choose between the hotels DoubleTree and Tru by Hilton Deadwood, or SpringHill Suites by Marriott, all of which feature numerous amenities aimed at making your stay as pleasant as possible.
Deadwood Gulch Gaming Resort is located at 304 Cliff St. / Hwy 85, Deadwood, and represents one of the top picks for casino players in South Dakota. Deadwood Gulch Gaming Resort offers over 120 slot machines available for play 24/7. Deadwood Gulch Gaming Resort also offers excellent lodging services with their hotel that features numerous amenities such as late-night food, outdoor patio with fire pit, and much more.
The Dakota Sioux Casino & Hotel is located north of Watertown, South Dakota, and is owned by the Sisseton Wahpeton Oyate of the Lake Traverse Reservation. The gaming floor has over 300 different slot machines, live poker, and blackjack tables. The resort is also equipped with a concert hall and lounge, as well as some excellent dining options, such as Mustangs Steakhouse & Buffet. As for the accommodation services, you can choose between two master suites and luxury rooms with king-size beds and many other amenities.
South Dakota has a rich gambling history and offers many gambling options to its visitors and residents. Unfortunately, online gambling is not one of them. However, despite the lack of regulated online casino gambling, South Dakotans can indulge in online casino gambling in offshore online casinos freely as these casinos are not subject to South Dakota gaming laws.
Of course, no one can know for sure if online gambling will be allowed in South Dakota in the future or not. In the meantime, you can opt for regulated and licensed offshore casinos that are also safe and regulated gaming venues with multiple gaming options.
Strictly speaking, online casinos are not legal in South Dakota. However, no law prohibits you from playing in offshore online casinos.
If you want to play the lottery and bingo games in South Dakota, you need to be at least 18. For casino gambling, the minimum legal gambling age is 21.
Daily fantasy sports are not explicitly mentioned in the South Dakota gambling laws, but the State Attorney said it is illegal to play DFS.
Unfortunately, betting on sports is not allowed in South Dakota. However, you can bet on horse and dog racing.
Online poker is currently illegal in South Dakota, but the land-based casinos are your go-to places for various poker forms.