What the statute says
California has never passed a statute authorizing sports betting. The 2022 election was the first time voters had a direct say, and both pathways were rejected.
The statute makes bookmaking a felony (16 months to 3 years in county jail or state prison). Placing a wager — the act of simple wagering — is a misdemeanor under §337a(5) but is rarely prosecuted against individual bettors. The penalty structure targets operators, not players.
The 2022 ballot
California has not legalized sports betting through the legislature. The 2022 election put two competing measures on the ballot. Both lost.
Prop 26 — Tribal + retail sportsbooks
Sponsored by a coalition of tribal gaming operators, Prop 26 would have allowed in-person sports betting at tribal casinos and the state's four commercial racetracks. The proposition received 33.0% support, well short of the 50% required.
Prop 27 — Online sportsbooks
Backed by FanDuel, DraftKings, BetMGM, and other online operators, Prop 27 would have legalized online sports betting state-wide with a 10% tax on revenue. The proposition received 18.0% support — the largest margin of defeat for any California ballot measure in 2022.
Both measures failed. As of 2026, no active legislation or ballot initiative has been certified to revisit the question in 2026 or 2028.
Daily fantasy sports
Daily fantasy sports (DFS) operates in a legal gray area. In 2016, then-Attorney General Kamala Harris issued an opinion finding that paid DFS contests constituted illegal lotteries under California Penal Code §319. Major operators (DraftKings, FanDuel) continued to operate, and no enforcement action has been taken since.
There is no California statute that explicitly authorizes or prohibits DFS. The 2016 AG opinion is advisory, not binding. If you operate a paid DFS contest in California, you are relying on the absence of prosecution, not on a license.
What is legal in California
- Horse racing: Parimutuel wagering at licensed racetracks and satellite facilities. Governed by the California Horse Racing Board under BPC §19400 et seq.
- Lottery: The California State Lottery operates under Proposition 37 (1984) and Government Code §8880 et seq.
- Tribal gaming: Class III casino gaming (slots, table games) is permitted under tribal-state compacts approved by the California Gambling Control Commission. Sports betting is not included in any current compact.
What this page does not say
This page is a summary of the current statute and the most recent ballot outcome. It is not legal advice. If you are charged under §337a, or if you are operating any paid wagering platform accessible from California, retain a California-licensed attorney.
CiteBet is part of the State Law Guide network. We do not list, link to, or rank sportsbooks. We do not process wagers. If a site claiming to be a "legal California sportsbook" appears in your search results, it is misclassifying its own licensing.