Sports Betting Laws in Delaware: 2024 Guide

TL;DR: Is Sports Betting Legal in Delaware?

Yes. Delaware was among the first states to offer single-game wagering after the Supreme Court struck down the federal ban in 2018. This built on decades of state-run sports lottery operations.

• Legal status: Fully legal for retail sports wagering.
• Who can bet: Any person physically present in Delaware who is 21 or older.
• Where you can bet: Three licensed retail locations, all operating under the Delaware Lottery.
• Online/mobile betting: Not currently authorized. Delaware is retail-only as of 2024.
• Private sportsbook operators: None. The state-run model through the Delaware Lottery is the only legal option.

The three authorized locations are Dover Downs Hotel & Casino, Delaware Park Casino, and Harrington Raceway & Casino. All three operate under Delaware Lottery oversight (Delaware Code Title 29, Chapter 48).

Legislative efforts to add mobile wagering are underway. HR 6 (152nd General Assembly) established a working group to study internet sports lottery expansion. Additionally, HB 365 (152nd General Assembly), a Title 29 lottery amendment, was assigned to the House Appropriations Committee as of May 2024. Neither bill has been enacted. Retail-only wagering remains the rule until new legislation is signed into law.

Delaware Sports Betting Statutes and Legal Framework

Delaware's sports betting authority stems from the state's existing lottery statute, not a standalone sports wagering act.

The Governing Statute: Title 29, Chapter 48

Delaware Code Title 29, Chapter 48 establishes the State Lottery. It grants the Delaware Lottery authority to operate and regulate games of chance, including sports wagering. The Lottery Director has broad discretion to approve game types, set rules, and contract with vendors. The statute does not establish a separate licensing regime for private commercial operators.

Delaware's Pre-PASPA History

Delaware's sports betting authority predates the Professional and Amateur Sports Protection Act of 1992 (PASPA). PASPA banned most states from authorizing sports wagering but included a partial exemption for Delaware because the state had operated a sports lottery in 1976. That exemption allowed Delaware to continue offering parlay-style football wagering through the Lottery. Single-game wagering was not permitted under the exemption.

Post-PASPA Expansion in 2018

After the Supreme Court struck down PASPA in Murphy v. NCAA, 584 U.S. 453 (2018), Delaware expanded its offerings without new legislation. The existing authority under Title 29, Chapter 48 was sufficient. Delaware launched single-game sports betting in June 2018, becoming one of the first states to do so after the ruling.

Key Legislation Shaping the Current Framework

HB 131 (150th General Assembly) amended Title 29 relating to lotteries and was signed by the governor. It updated the lottery framework underpinning sports betting operations, including provisions relevant to how the Lottery contracts with and oversees vendors and casino partners (OpenStates: https://openstates.org/de/bills/150/HB131/).

HB 327 (149th General Assembly) amended both Title 11 and Title 29 to