Gambling Laws In Montana

The section on gambling in the Montana state constitution begins with "All forms of gambling, lotteries, and gift enterprises are prohibited unless authorized by acts of the legislature or by the people through initiative or referendum." We then skip forward to what the definition of the word gambling is for Montana and find it stated to be "risking any money, credit, deposit, check, property, or other thing of value for a gain that is contingent in whole or in part upon lot, chance, or the operation of a gambling device or gambling enterprise." So, very quickly we can see that this act is only allowed in a state licensed facility which has been authorized by either voters or lawmakers although there is a brief provision to allow "social card games played solely for prizes of minimal value". What is most important about all of this, however, is that there is no expressed penalty for unlawful gambling. The legislation is meant to regulate licensed facilities, not provide detailed punishments to participants of gambling. There are only penalties listed for the business of gambling, tampering with gambling devices or video machines and operating sportsbooks. We believe that anyone in Montana may do as they wish behind closed doors without worry of any prosecution.

Gambling in Montana is highly regulated, not illegal. Many residents may find the difference between the two difficult to differentiate but the act of gambling is not criminalized in the state of Montana. With that being stated, one should act with discretion as it is still unlawful to gamble unless authorized by the state to do so in a state licensed facility. There are no instances of authorities busting up poker games among friends or handcuffs being placed on someone because they simply wagered on the outcome of a football game with their dad. Now, counterfeiting or tampering in gambling will result in a felony which could mean hefty fines and prison time. As is the case with federal laws, it is highly illegal to facilitate bets for profit or operate a gambling scheme and Montana is no different. Residents must never, ever take their gambling to any higher level other than simply making a wager for personal winnings and that is the rule of thumb to follow when in Montana.

Montana is one of a few states which is allowed to provide some forms of sports betting due to being exempt from PASPA, however the state has not attempted to take advantage of this fact and does not have any brick and mortar sportsbooks. Residents will also find that the state has authorized many other forms of gambling such as slots, table games and live poker throughout the state with well over 60 gambling facilities present, 7 of which are Native American tribal casinos which operate under the Indian Gaming Regulatory Act and outside of state regulations. An interesting fact that one must know if wanting to venture to any of these facilities is that state law makes it that gambling may only be performed on a cash basis.

The legal gambling age, as set by Montana gambling code, is 18 years of age for all residents and visitors alike whether at a land-based gambling facility or at gambling sites in Montana. We would never recommend that anyone take the chance of underage gambling because it can lead to serious consequences, and if caught, can even leave residents out in the cold when they do reach the designated age. Bottom line: it's just not worth it so don't risk it; there will be plenty of time once you've eclipsed that magic mark.