Is Lottery Legal in North Dakota? (2026)
It depends. In North Dakota, lottery is restricted. State-operated lotteries are not legal in North Dakota, as the state constitution prohibits lotteries unless specifically authorized by the Legislative Assembly for charitable organizations, which operate under strict regulations..
Key facts
- Status
- Restricted
- Permit required
- No
- Jurisdiction
- North Dakota
- Last reviewed
- 2026-02-26
Lottery laws in North Dakota
The North Dakota Constitution, Article XI, Section 25, explicitly states that 'The legislative assembly shall have no power to authorize lotteries or gift enterprises for any purpose, and shall pass laws to prohibit the sale of lottery tickets or any share in a scheme in the nature of a lottery, for any purpose, and shall provide that any person who shall sell any lottery ticket or share in any scheme in the nature of a lottery, shall be subject to such penalty as the legislative assembly shall prescribe. However, the legislative assembly may authorize by law lotteries, raffles, and other similar games of chance by charitable organizations.' This means that a state-run lottery, like those found in many other states, is unconstitutional in North Dakota. Instead, only charitable organizations are permitted to conduct lotteries, raffles, and similar games of chance, and these activities are heavily regulated by the state, primarily under North Dakota Century Code Chapter 53-06.1 pertaining to Games of Chance. The charitable gaming statutes outline specific requirements for organizations to obtain licenses, report their activities, and adhere to prize limits. These regulations ensure that any lottery-like activities are conducted for charitable purposes and not for commercial gain or by the state itself. The legislative intent is to prevent the proliferation of commercial gambling while allowing a vetted mechanism for charities to raise funds.
Frequently asked questions
Is lottery legal in North Dakota for travelers?
For travelers visiting North Dakota, lottery is currently restricted. The North Dakota Constitution, Article XI, Section 25, explicitly states that 'The legislative assembly shall have no power to authorize lotteries or gift enterprises for any purpose, and shall pass laws to prohibit the sale of lottery tickets or any share in a scheme in the nature of a lottery, for any purpose, and shall provide that any person who shall sell any lottery ticket or share in any scheme in the nature of a lottery, shall be subject to such penalty as the legislative assembly shall prescribe. However, the legislative assembly may authorize by law lotteries, raffles, and other similar games of chance by charitable organizations.' This means that a state-run lottery, like those found in many other states, is unconstitutional in North Dakota. Instead, only charitable organizations are permitted to conduct lotteries, raffles, and similar games of chance, and these activities are heavily regulated by the state, primarily under North Dakota Century Code Chapter 53-06.1 pertaining to Games of Chance. The charitable gaming statutes outline specific requirements for organizations to obtain licenses, report their activities, and adhere to prize limits. These regulations ensure that any lottery-like activities are conducted for charitable purposes and not for commercial gain or by the state itself. The legislative intent is to prevent the proliferation of commercial gambling while allowing a vetted mechanism for charities to raise funds.
Do I need a permit for lottery in North Dakota?
North Dakota does not specifically require a permit for lottery, though general regulations apply.
Can I transport lottery through North Dakota?
Transport laws for lottery in North Dakota depend on the specific item and your route. Generally, transport is allowed if you comply with state regulations. Always check states you pass through.
What are the penalties for lottery violations in North Dakota?
Penalties for lottery violations in North Dakota vary based on the specific offense. Always verify current laws before traveling.