Is it ever “legal to gamble” in Colorado?

Posted on March 16, 2022

Yes. Colorado state law permits six forms of gambling:

Casino gambling in licensed casinos;
The Colorado lottery;
Betting on horse races through the Colorado Division of Racing;
Online legal sports betting;
Licensed charitable bingo and raffles;
Social gambling, such as poker night among friends

Otherwise, gambling activities outside of a licensed casino are against Colorado law. Illegal gambling (CRS 18-10-103) can be a petty offense, misdemeanor, or felony depending on the case.

1. Where are Colorado’s legal casinos?

All the licensed Colorado casinos are located in Black Hawk, Cripple Creek, Central City, Towaoc, and Ignacio.¹ They offer traditional casino games, including:

slot machines
roulette
sports betting
blackjack
craps
poker
other table games

The casinos in Black Hawk are:

The casinos in Central City are:

The casinos in Cripple Creek are:

Finally, Sky Ute is located on an Indian Reservation in Ignacio, and Ute Mountain is located on the Indian Reservation in Towaoc .

2. What are the Colorado lottery games?

The legal Colorado state lottery games include:

3. Where is betting on horse racing allowed?

The only active race track in Colorado is at Arapahoe Park in Aurora. The biggest races there are the Cherry Creek Futurity and the Mile High Derby.

There are also 11 off-track betting (OTB) sites where wagering on horse- and greyhound racing is permitted.

The 8 Track (Grand Junction)
Big D’s at Whiskey River (Greeley)
Celtic on Market (Denver)
Elevations at Union Station (Colorado Springs)
Havana Park (Aurora)
OTB Sundance (Fort Collins)
Pick 6 @ The Fox and Hound (Lone Tree)
Pick 6 @ The Mirage (Littleton)
Post Time OTB (Colorado Springs)
So Co Gaming and Event Center (Pueblo)
Softball Country (Denver)

Finally, bettors can place horse racing bets online. The two main pari-mutuel betting platforms are the BetAmerica and TVG gambling sites.³

Colorado permits betting on horse races through licensed sportsbooks.

4. Is online sports betting legal?

Licensed online sports betting – including daily fantasy sports – has been legal in Colorado since May 1, 2020.⁴ The top sportsbooks for online Colorado sports betting include:

Other than licensed online sports betting, internet gambling is illegal in Colorado. There are no online casinos or online poker betting sites that are legal in Colorado. And federal law under the Unlawful Internet Gambling Enforcement Act forbids online gamblers from using credit cards, checks and electronic fund transfers to make or settle bets.⁵

5. When are bingo and raffles legal?

Non-profit charity organizations that are at least five years old are eligible for a license to hold bingo games and raffles. But there are various rules and jackpot limits the organizations must comply with.⁶ To apply for a license, contact the Colorado Secretary of State at 303-869-4910 or [email protected].

6. What is social gambling?

Under Colorado law, social gambling is “any game, wager, or transaction which is incidental to a bona fide social relationship, participated in by natural persons only, and in which no person is participating in professional gambling.”⁷

Common examples of lawful social gambling are a poker night among friends or an office pool for the Super Bowl. But any organized tournament would be illegal, even if all the participants know each other.

What are the penalties for illegal gambling in Colorado?

In-person or online gambling outside of Colorado’s legal confines is a petty offense, which carries up to 10 days in jail and/or fines of up to $300.⁸

But people who engage in professional gambling – which is profiting off illegal gambling such as bookies – face class 2 misdemeanor charges. The punishment includes up to 120 days in jail and/or up to $750 in fines. And repeat offenders face class 5 felony charges, which carry one to three years in prison and/or a fine of $1,000 to $100,000.⁹

Finally, people who own, possess, use, or sell a gambling device or gambling record can be charged with a class 2 misdemeanor. The sentence is up to 120 days in jail and/or up to $750 in fines. And repeat offenders face a class 6 felony charge, which carries 12 to 18 months in prison and/or a fine of $1,000 to $100,000. ¹⁰

Note that defendants may also have to forfeit any of their proceeds or gaming devices to the police.¹¹

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Call our law firm for legal advice. We offer free consultations.

Arrested for violating Colorado gambling laws? Contact our criminal defense attorneys. We have law offices in Denver, Greeley, and Colorado Springs, and we serve clients throughout the state of Colorado.

For more gambling information, visit the Colorado Division of Gaming and the Limited Gaming Control Commission.

Legal References

CRS 44-30-105; CRS 44-31-101 et seq.
CRS 44-40-101 et seq.
CRS 44-32-101 et seq.
HB19-1327; CRS 44-30-102 et seq.
CRS 44-30-1506; CRS 44-30-1511.
CRS 24-21-601 et seq.
CRS 18-10-102; see Charnes v. Central City Opera House Asso., (1989) 773 P.2d 546.
CRS 18-10-103. Prior to March 1, 2022, illegal gambling was a class 1 petty offense, which carried up to six months in jail and/or fines of up to $500. SB21-271.
Same. Prior to March 1, 2022, professional gambling was a class 1 misdemeanor carrying six to 18 months in jail and/or a fine of $500 to $5,000. SB21-271.
CRS 18-10-105. Prior to March 1, 2022, class 2 misdemeanors carried 12 months in jail and/or a fine of $250 to $1,000. SB21-271.
CRS 18-10-104; see also State Dept. of Rev. v. Grooms Music Co., (Colo. App. 1986) 721 P.2d 1225.

About the Author

Michael Becker

Michael Becker has over a quarter-century's worth of experience as an attorney and more than 100 trials under his belt. He is a sought-after legal commentator and is licensed to practice law in Colorado, Nevada, California, and Florida.

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