Arkansas Gambling Laws Explained

Overview of Gambling Law in Arkansas

Arkansas has historically maintained a conservative stance toward gambling, but the legal landscape has evolved significantly over the past several decades. What was once a state with limited gambling options restricted primarily to horse racing and a state lottery has transformed into a jurisdiction that authorizes full-scale casino gaming, sports betting, and electronic games of skill. The most significant shift came with the passage of Amendment 100 in 2018, which fundamentally altered the scope of legal gambling in the Natural State.

Understanding Arkansas gambling laws requires looking at multiple layers of regulation. The state constitution, as amended by voter-approved ballot measures, provides the foundational framework. State statutes add additional detail and establish penalties for illegal gambling activities. The Arkansas Racing Commission serves as the primary regulatory body, overseeing casino operations, sports betting, and horse racing. Together, these elements create a regulatory environment that balances economic development and entertainment with consumer protection and responsible gambling mandates.

It is important to note that while Arkansas has expanded legal gambling options considerably, not all forms of gambling are permitted. The state still prohibits certain types of wagering, and engaging in illegal gambling can result in criminal penalties. This guide will walk you through what is legal, what is not, and the specific laws and amendments that shape the current landscape.

Amendment 100: The Game-Changer for Arkansas Gambling

Amendment 100, formally titled the Arkansas Casino Gaming Amendment, was placed on the November 2018 general election ballot as an initiated constitutional amendment. It was approved by Arkansas voters with approximately 54% of the vote, marking a watershed moment in the state's gambling history. The amendment fundamentally changed what types of gambling could be legally offered in Arkansas and established the framework that governs casino gaming and sports betting today.

What Amendment 100 Authorized

The amendment authorized the operation of casino gaming at four specific locations in Arkansas. Two of these locations were existing facilities that were already operating under previous authorizations: Oaklawn Racing Casino Resort in Hot Springs (Garland County) and Southland Casino Racing in West Memphis (Crittenden County). These facilities had been offering electronic games of skill and horse or greyhound racing but were not authorized to offer traditional casino table games or full-scale slot machines prior to Amendment 100.

The amendment also authorized two new casino licenses. One was designated for Jefferson County, where the Saracen Casino Resort in Pine Bluff subsequently opened and has become an important economic driver for the region. The other new license was designated for Pope County, which has been the subject of considerable controversy and legal challenges that continue to this day.

Beyond authorizing casino gaming with traditional games such as blackjack, roulette, craps, poker, and slot machines, Amendment 100 also expressly authorized sports wagering. This was a forward-looking provision that anticipated the growing movement toward legal sports betting in the United States, which gained momentum after the U.S. Supreme Court struck down the Professional and Amateur Sports Protection Act (PASPA) in Murphy v. NCAA just months before the amendment was approved by voters.

The Structure of Amendment 100

Amendment 100 is structured as a constitutional amendment, which means it carries the highest level of legal authority in the state. Unlike ordinary legislation that can be changed by a simple majority vote of the state legislature, a constitutional amendment can only be modified through another vote of the people or through a constitutional convention. This gives the provisions of Amendment 100 considerable durability and makes it difficult for opponents of casino gaming or sports betting to roll back the changes through legislative action alone.

The amendment established several key provisions that govern how casino gaming and sports betting operate in Arkansas. First, it limited casino licenses to the four specified locations, preventing a proliferation of casinos across the state. Second, it gave the Arkansas Racing Commission authority to regulate casino gaming and sports wagering, building on the commission's existing expertise in overseeing horse and greyhound racing. Third, it established a tax framework for casino gaming revenue, with proceeds distributed among the state, counties, and cities according to a formula specified in the amendment.

The tax structure under Amendment 100 is particularly noteworthy. The amendment established a tiered tax rate on net casino gaming receipts, with the rate increasing as revenue grows. For the first $150 million in net receipts, the tax rate is 13%. For receipts between $150 million and $250 million, the rate increases to 20%. For receipts exceeding $250 million, the rate is set at a higher percentage. These revenues are allocated between the state general fund, the host county, and the host city, with the majority going to the state.

The Pope County Casino License Controversy

One of the most contentious aspects of Amendment 100 has been the dispute over the casino license designated for Pope County. The original application process generated significant local opposition, with many Pope County residents expressing concerns about the social and community impacts of a casino in their area. A local ballot measure was held in which Pope County voters rejected the casino, but legal questions arose about whether a local vote could override a statewide constitutional amendment.

The Arkansas Racing Commission initially awarded the Pope County license to a gaming company, but this decision was challenged in court. Multiple lawsuits were filed by competing applicants and by local opponents of the casino. The legal proceedings have wound through the Arkansas court system, with various rulings and appeals creating uncertainty about the ultimate disposition of the fourth license.

As of 2026, the Pope County casino remains in a state of legal limbo. The ongoing disputes have highlighted tensions between statewide gambling policy and local community preferences, and the resolution of this issue could set important precedents for future gambling regulation in Arkansas. Regardless of the outcome, the three other casinos authorized by Amendment 100 continue to operate and offer sports betting and casino gaming to Arkansas residents and visitors.

Sports Betting Laws and Regulations

Sports betting in Arkansas is authorized under the umbrella of Amendment 100 and is further governed by rules promulgated by the Arkansas Racing Commission. The commission has established detailed regulations that cover every aspect of sports wagering operations, from licensing requirements for operators to the types of bets that can be offered and the consumer protection measures that must be in place.

Under Arkansas law, sports betting licenses are tied to the four casino licenses authorized by Amendment 100. This means that only a casino that holds one of these four licenses can offer sports wagering, either directly or through a partnership with a sports betting operator. The tethered model ensures that the state can maintain oversight and control over sports betting through its existing regulatory infrastructure.

The legal framework allows for both retail and mobile sports wagering. Retail sportsbooks are physical locations within the licensed casinos where bettors can place wagers at a counter or at self-service kiosks. Mobile sports betting allows bettors to place wagers from anywhere within Arkansas using a smartphone app or web browser, provided they are of legal age and physically located within the state's borders.

Arkansas law imposes a minimum age of 21 for sports betting, which is consistent with the age requirement for casino gaming. This is higher than the minimum age in some other states that have set the sports betting age at 18. The 21-year-old requirement applies to both retail and mobile wagering and is enforced through identity verification procedures during the account registration process.

Tax Rates on Sports Betting Revenue

Arkansas imposes some of the higher tax rates on sports betting revenue in the nation. The state's tax on sports wagering net revenue follows a tiered structure similar to the broader casino gaming tax framework established by Amendment 100. The first tier applies a 13% tax rate on net sports wagering revenue up to a certain threshold, with higher rates applying to revenue above that level. An additional privilege tax of 0.25% applies to the total amount wagered, which is consistent with federal excise tax requirements on authorized sports wagering.

These tax rates have implications for both operators and bettors. Higher tax rates can reduce the margin available for operators to offer competitive odds and generous promotions, which may result in slightly less favorable terms for Arkansas bettors compared to those in states with lower tax rates. However, the tax revenue generated by sports betting contributes to state and local government funds, supporting public services and infrastructure.

Horse Racing and Greyhound Racing Laws

Horse racing has a long and storied history in Arkansas, predating modern casino gaming by many decades. Oaklawn Racing Casino Resort in Hot Springs has been hosting live thoroughbred horse racing since 1904, making it one of the oldest and most prestigious racing venues in the country. Pari-mutuel wagering on horse races has been legal in Arkansas since 1935, when voters approved a constitutional amendment authorizing the activity.

Greyhound racing was also historically offered at Southland in West Memphis, though the facility transitioned away from live greyhound racing in recent years in line with broader national trends moving away from the sport. Simulcast wagering, which allows bettors to wager on horse and greyhound races being held at other tracks around the country and the world, remains available at licensed facilities.

The regulatory framework for horse racing in Arkansas is established by state statute and overseen by the Arkansas Racing Commission. The commission sets rules governing the conduct of races, licensing of jockeys and trainers, testing of horses for prohibited substances, and operation of pari-mutuel wagering systems. These regulations are designed to ensure the integrity of the sport and to protect both participants and bettors.

The Arkansas Scholarship Lottery

The Arkansas Scholarship Lottery was established in 2009 following the approval of a constitutional amendment by voters in 2008. The lottery offers a variety of draw games and scratch-off tickets, with proceeds dedicated to funding college scholarships for Arkansas residents. The Arkansas Academic Challenge Scholarship, funded by lottery proceeds, has helped thousands of Arkansas students attend college and vocational programs.

The lottery operates under the authority of the Arkansas Lottery Commission, which is separate from the Arkansas Racing Commission that oversees casino gaming and sports betting. Lottery tickets are available for purchase at authorized retail locations throughout the state, and the minimum age to purchase lottery tickets is 18, which is lower than the 21-year-old minimum for casino gaming and sports betting.

Illegal Gambling in Arkansas

While Arkansas has expanded its legal gambling options, many forms of gambling remain prohibited under state law. Arkansas Code Annotated Title 5, Chapter 66, contains the state's criminal gambling statutes, which define illegal gambling activities and establish penalties for violations.

Under Arkansas law, gambling is generally defined as risking something of value on the outcome of a contest, game, or event when the outcome depends in whole or in part on chance. Activities that fall outside the authorized forms of gambling, such as casino gaming at a licensed facility, sports betting through a licensed operator, the state lottery, and pari-mutuel wagering on horse races, are illegal.

Specific activities that remain illegal in Arkansas include operating or participating in unlicensed gambling operations, such as underground card rooms or illegal sports books. Online gambling through unlicensed offshore websites is not authorized under Arkansas law, and while enforcement can be challenging, using such platforms carries legal and financial risks for consumers. Daily fantasy sports occupy a legal gray area in Arkansas, as the state has not enacted specific legislation to regulate or expressly authorize the activity.

Tribal Gaming in Arkansas

Unlike many other states, Arkansas does not have a significant tribal gaming presence. The state is not home to federally recognized tribes that operate casinos under the Indian Gaming Regulatory Act (IGRA). This means that all legal casino gaming in Arkansas is conducted through the state-licensed facilities authorized by Amendment 100, rather than through a combination of state and tribal operations as is the case in states like Oklahoma, Connecticut, and California.

The absence of tribal gaming simplifies the regulatory landscape in some respects, as the state does not need to navigate the complex relationship between state gambling laws and federal tribal gaming regulations. However, it also means that Arkansas does not benefit from the additional gaming revenue and employment that tribal casinos generate in other states.

Recent Legislative Developments

The Arkansas legislature has continued to monitor and adjust the state's gambling regulatory framework since the passage of Amendment 100. Several bills have been introduced in recent legislative sessions that would modify various aspects of gambling regulation, including proposals to adjust tax rates, expand the number of sports betting licenses, address the Pope County casino dispute, and strengthen responsible gambling requirements.

One area of ongoing legislative interest is the potential for mobile sports betting expansion. Under the current framework, mobile sports betting is limited to operators affiliated with the four licensed casinos. Some lawmakers have proposed allowing additional mobile sportsbook licenses that would not require a casino partnership, which could increase competition and consumer choice. However, any such change would need to be carefully evaluated in light of Amendment 100's constitutional provisions.

Another area of legislative activity involves responsible gambling measures. As sports betting and casino gaming have become more established in Arkansas, lawmakers have increasingly focused on ensuring that adequate protections are in place for consumers. This includes funding for problem gambling treatment programs, requirements for operator-funded responsible gambling tools, and public awareness campaigns about the risks of excessive gambling.

Key Takeaways for Arkansas Bettors

Understanding Arkansas gambling laws is essential for anyone who participates in or is considering legal gambling in the state. Amendment 100 established the constitutional foundation for casino gaming and sports betting, and the regulatory framework built by the Arkansas Racing Commission provides the rules that govern day-to-day operations. While the state has embraced legal gambling as an economic development tool, it also maintains strict regulations to protect consumers and ensure the integrity of gaming operations.

As a bettor, the most important things to remember are that you must be at least 21 to place sports bets or play casino games, you must use only licensed operators, and you must be physically in Arkansas when placing mobile sports bets. Following these rules keeps you on the right side of the law and ensures that you have the full protections afforded to legal sports betting customers, including access to responsible gambling resources and regulatory recourse if disputes arise.