West Virginia Statewide Rule

West Virginia Sports Wagering Act Allows Mobile Betting

Some RestrictionsApplies statewide across West Virginia (2026)

Key Facts

Enforcing agency: West Virginia Lottery Commission
Legal since: 2018, W. Va. Code ch. 29 art. 22D
Licensed operators: 5: four racetrack casinos plus The Greenbrier
Minimum wagering age: 21 years old
State tax rate: 10% of adjusted gross wagering receipts
License fee: $100,000 application, $100,000 renewal, 5-year term
Felony penalty: $5,000–$10,000 fine, 1–5 years imprisonment

Last verified: August 21, 2026

Summary

West Virginia legalized sports wagering in 2018 under W. Va. Code §29-22D-2, but only through the state's five licensed racetrack casinos and the Greenbrier resort hotel. Under §29-22D-15, licensed operators can take in-person bets at the casino sportsbook and mobile wagers from bettors physically located anywhere in the state, provided the bettor is at least 21.

An operator shall accept wagers on sports events and other events authorized under this article from persons physically present in a licensed gaming facility where authorized sports wagering occurs, or from persons not physically present who wager by means of electronic devices. A person placing a wager shall be at least 21 years of age. An operator may accept wagers from an individual physically located within this state using a mobile or other digital platform or a sports wagering device, approved by the commission, through the patron's sports wagering account.

View official code

Full Breakdown

West Virginia became one of the first states to launch legal sports wagering after the U.S. Supreme Court struck down the federal sports-betting ban in 2018, enacting the West Virginia Lottery Sports Wagering Act as W. Va. Code ch. 29, art. 22D. Under §29-22D-2(a), sports wagering and ancillary activities are "only lawful when conducted in accordance with the provisions of this article and rules of the commission": the West Virginia Lottery Commission. Authorization is not open to any operator: the Legislature limited licenses to the state's four racetrack casinos and the historic resort hotel, The Greenbrier, reasoning under §29-22D-2(b) that a small, licensed pool best protects the public from illegal wagering.

Under §29-22D-15, a licensed operator may take wagers two ways: in person at the casino sportsbook from anyone physically present in the gaming facility, and remotely through a mobile app or other digital platform tied to that operator's sports wagering account, so long as the bettor is physically located inside West Virginia when the bet is placed and is at least 21 years old. A licensee first pays a $100,000 application fee for a five-year license, renewable for another five years at the same $100,000 fee under §29-22D-6. Once licensed, the operator pays a 10 percent tax on its adjusted gross sports wagering receipts, deposited into the West Virginia Lottery Sports Wagering Fund under §29-22D-16. Facility and commission employees are barred from wagering at their own workplace, and the commission keeps an exclusion list to bar banned patrons from every licensed sportsbook, in person or online.

Violations & Penalties

Taking or placing a sports wager outside this licensed system is a crime under §29-22D-21. An operator who runs sports wagering without commission authority, employs an unlicensed worker, or admits a bettor under 21 commits a misdemeanor: up to $1,000 and six months in jail for a person, up to $25,000 for a business. Match-fixing, betting on inside information, or rigging a digital wagering platform is a felony: $5,000 to $10,000 in fines plus one to five years in a state correctional facility.

Frequently Asked Questions

Can I bet on sports online anywhere in West Virginia?

Yes, but only through a mobile app tied to one of the state's five licensed sportsbooks: the four racetrack casinos or The Greenbrier. Under §29-22D-15, the operator must confirm you're physically located inside West Virginia and at least 21 years old when you place each wager; leaving the state's borders, even briefly, blocks your app from accepting bets.

Who can legally operate a sportsbook in West Virginia?

Only the four state-licensed racetrack casinos and the historic resort hotel The Greenbrier, per §29-22D-2(b). Each pays a $100,000 application fee for a five-year West Virginia Lottery sports wagering license, renewable at the same $100,000 fee under §29-22D-6. The Legislature deliberately capped licenses at these five facilities rather than opening the market to any qualified applicant.

What happens if I bet with an unlicensed bookie instead?

You and the operator both risk criminal liability under §29-22D-21. Running unlicensed sports wagering, or knowingly taking part in it outside the licensed system, is a misdemeanor punishable by up to $1,000 in fines and six months in jail for an individual, or up to $25,000 for a business: separate from any felony exposure for fraud or match-fixing.

How much does West Virginia tax sports betting revenue?

Licensed operators pay a 10 percent tax on their adjusted gross sports wagering receipts, total bets minus payouts, under §29-22D-16. The money goes into the West Virginia Lottery Sports Wagering Fund, and the statute caps this as the tax the state imposes for the privilege of holding a sports wagering license.

Sources

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