Massachusetts Gambling Laws – Gaming Legislation

Knowing the Massachusetts gambling laws will make it easier to understand why the state has only two licensed casinos and one horse racetrack. We will give you details about the main legislation and the authority monitoring all gambling activities in Massachusetts. Read on to find out which are the legal gambling games and if you will have a chance to play at a MA tribal casino.

We begin our article with the Gambling laws in Massachusetts and how they stand compared to the federal gambling legislation. We also have a special section about the different types of legal brick and mortar casinos and the situation with online gambling and betting. You can use the element below to jump to the sections of this article, and don’t forget to read the answers to the popular questions at the end.

Massachusetts Gambling Laws & Federal Gambling Laws

Massachusetts is one of the few USA states where gambling is legal. In the MA gambling laws, the definition of gambling is “winning $5 or more by gaming or betting on sides or hands of that gaming — except under permitted circumstances”. This clarification of gaming for money was defined in 2011 in the newly created Expanded Gaming Act.

Even though the main gambling legislation in the state was created a decade ago, the money-winning games have been around for longer. For example, the Massachusetts lottery was introduced in 1971, and with this, it became the first legal gambling game in the state. Ever since then, the gambling legislation in the state changed and soon may include regulations of the best online casinos in the USA. Until that happens, here are the current active gaming laws in the Bay State:

The Massachusetts gaming legislation is independent and determined by the states’ authorities. Even so, all laws in the Bay State apply only in the state, and the US gambling laws always take precedence over in serious gambling situations or when the gaming activity crosses the border of the state.

The MA gambling legislation does not cover online gaming. Online casinos are not legal by law, but they are not strictly marked as illegal either. We will turn your attention to this further down the article in the online gambling in Massachusetts section. Now, we will tell you more about the legal Massachusetts gambling age, winners’ taxes, and how gaming crimes are punished.

Massachusetts Gambling Age

Those of you who have read our article about the legal gambling age in the USA know that the standard legal age for money gaming is 21 years. There are few exceptions for games like lottery, keno, and charitable gaming, but overall, the rules apply everywhere. According to the laws, lottery players must be at least 18 years old and the Massachusetts gambling age is 21 years old for casino games and DFS.

Winners’ Taxes in the Bay State

The state’s motto, “Make It Yours”, is perfect for anyone reaching for the highest possible prizes. The MASS gambling laws have a special section where a 5% gambling tax on lottery winnings of over $600 is paid to the MA Department of Revenue.

If the win is $5000 or more, the state tax of 5% is accompanied by a federal tax of 24% sent to the Internal Revenue Service. The casino prizes are also taxed, and the rate depends on the size of the prize, so if you win, check with the casino how much the tax will be.

Gambling Crimes & Punishments

The state criminal legislation and the gambling laws in Massachusetts have shown that any player or operator violation is punishable. Even though neither one of the top gambling cities in the USA is in Massachusetts, and there are few legal casinos, the illegal gambling is a serious matter.

The responsible authorities that deal with gambling violations are the Massachusetts Gaming Commission, Massachusetts Lottery Commission, Massachusetts Attorney General’s Gaming Enforcement Division, the Department of Justice Office of Tribal Justice, MA police, and courts. All illegal activities are being investigated, and – depending on the severity of the crime – all violators face punishments including severe fines, jail time, or both.

Massachusetts Gaming Commission & Gambling License

With the creation of the Massachusetts gambling laws was created the monitoring organ – the Massachusetts Gaming Commission. This commission immediately joined the MASS Lottery Commission in regulation of the gaming and gambling activities in the state. Alongside this, with the future establishment of Native American casinos, the Bureau of Indian Affairs and the National Indian Gaming Commission will have more work in the Bay State.

Massachusetts Gaming Commission & Mass. Lottery Commission

According to the lottery gambling law, the Massachusetts Lottery Commission is responsible for the lottery games and all lottery-related matters. On the other hand, the Massachusetts Gaming Commission is in charge of everything related to gaming, gambling, gambling locations, players, operators’ activities and more.

Gambling Licenses in Massachusetts, USA

By implementing the expanded gaming law passed in November 2011, the Massachusetts Gaming Commission has the authority to grant, revoke, and change gambling licenses. The Massachusetts gambling laws have strict regulations which must be met if an operator wishes to get one of the three types of gambling licenses in Massachusetts:

To operate legally, the operator must acquire one of those certificates before opening the gaming location. The licensing procedure is neatly explained, and all steps are listed on the Massachusetts Gaming Commission’s website. Any person and private organization are free to apply for a license, and such will be granted after all requirements are met.

Massachusetts Legal Casinos & Racetracks

As we mentioned, the MASS gambling laws regulate all state gambling activities, including land-based casinos, tribal casinos, racetracks, and more. In this section of the article, we will tell you which are the active gambling locations in Massachusetts and which casinos are yet to be licensed and opened.

Land-Based Casinos in Massachusetts, USA

Suppose you browse the list of the best casinos in USA, you will not see an MA gambling location. The gambling laws Massachusetts had were established a decade ago, and so far, there are only two licensed brick and mortar casinos: the MGM Springfield and the Encore Boston Harbor (originally Wynn Boston Harbor).

The Massachusetts Gaming Commission monitors the Wynn Resorts’ worthiness to own the Everett casino license. This special attention was caused by the sexual misconduct scandal of the ex-CEO Steve Wynn. If the Wynn Resorts license is revoked, there is a great chance this multi-billion-dollar resort will be sold to another operator.

If you don’t feel fine with gambling in a casino whose formal CEO shows flaws in morals, then check the MGM Springfield, which stretches over three blocks in Springields’ center. Worthy alternatives are the New Jersey, New York, and Boston casinos.

Massachusetts Horse Races

In 1934, horse and dog racing wagers were legalized, and a year later, Suffolk Downs (1935 -2019), Wonderland Greyhound Park, Taunton Dog Track, and more opened doors. All dog racetracks were shut down when the Massachusetts Greyhound Protection Act came in power in 2009 and deemed the greyhound and dog races illegal.

Massachusetts gambling laws also regulate the activity of the only legal betting track – the Plainridge Park Racetrack in Plainville, MA. The 4000 seats allow just as many punters to watch the harness races on which they had wagered. The owners of Gaming and Leisure Properties (Penn National Gaming) added a slot parlor at Plainridge Park Casino in 2015 as additional entertainment to the races.

Massachusetts Native American Casinos

The MA gambling laws allow the establishment of Native American casinos, and the process is overseen by the National Indian Gaming Commission and Bureau of Indian Affairs. There are two American tribes requesting casino licenses by MA authorities or via federal approvement.

The Wampanoag Tribe of Gay Head plans to build Aquinnah Cliffs Casino on Martha’s Vineyard. This will be a Class II casino on tribal land, and only the delay in the U.S. Supreme Court ruling blocks it. Once the issue is solved, Aquinnah Cliffs Casino will offer gaming machines, poker, “non-banked” card games, pull-tables, bingo, keno, pull-tabs, punchboards, and more.

The Mashpee Wampanoag Tribe is known as an operator under the name Mashpee Wampanoag Tribe Commercial Casinos. The land for the First Light Casino and Resort in Taunton was approved in 2015, and the construction began in 2016. However, later the same year, the court overturned the land-into-trust approval, and the construction stopped. The court matter is still to be solved.

Riverboat and Cruise Ship Gambling

Years ago, players from near and far could sit at the riverboat casinos and enjoy traveling and gaming. Today, this is harder because many riverboat casinos are now closed. You will have to choose another state for riverboat casino gaming experience. Some cruise lines are stopping in Boston, but by a standard procedure, passengers can gamble once the ship is in the open waters.

Online Gambling in Massachusetts, USA

Currently, all online gambling is illegal according to the MASS gambling laws. The laws have neither created regulations for online casinos, lotteries, sports betting, or poker games nor categorically labeled them illegal. The same situation applies to most of the states in the USA. Anyone who intends to play online should try the online casinos in New Jersey, Delaware, and other states where online gambling is legal.

Alternatively, if players are ready to play dangerously, they can try the offshore online casinos. The best operators have licenses and follow the worldwide online gambling laws. Even so, Massachusetts authorities advise against any online gambling because the lack of local license means that the player is not legally protected in case of issues and frauds.

Legal & Illegal Games in the Bay State

In the Massachusetts gambling laws, you will find sections listed on the legal and illegal gambling games. This is the moment to remind you that sports betting, dog races, and online gaming are illegal. Sports wagering in the USA is regulated by the Professional and Amateur Sports Protection Act, and Massachusetts still has not accepted that act. As we mentioned in the previous section of the article, all online gambling is illegal.

Now that you know which games are legal and illegal, you can freely enjoy the brick and mortar casinos and online DFS sites. We recommend sticking to the MA gambling laws and always play at licensed and regulated casinos. Another tip is to pay the winners tax whenever you get lucky. This way, you will avoid trouble with the authorities and continue enjoying the gambling entertainment Massachusetts offers.

Sometimes, some players lose themselves in the games, which becomes a serious issue for them and their loved ones. The Massachusetts Office of Problem Gambling Services and Gamblers Anonymous can help every player deal with the gambling addiction. The operators, legal authorities, and we too recommend players to search for help on time via the hotlines or the local gambling prevention organizations.

Massachusetts Gambling Laws Q&A

Our article covers information about the active Massachusetts gambling laws, licensed casinos, and legal games. We will answer the most frequently asked questions about the MA gambling legislation. If you need more details, follow the links, and they will take you to more detailed information.

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