N.M. Stat. » Chapter 60 — Business Licenses
New Mexico Statutes

N.M. Stat. § 60-2E-4 (2026)

Limited gaming activity permitted

✓ laws through the 2025 session (retrieved May 2026)
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Gaming activity is permitted in New Mexico only if it is conducted in compliance with and pursuant to: A. the Gaming Control Act; or

B. a state or federal law other than the Gaming Control Act that expressly permits the activity or exempts it from the application of the state criminal law, or both.

History: Laws 1997, ch. 190, § 6.

ANNOTATIONS

Legality of daily fantasy sports contests. — The Gaming Control Act broadly prohibits any gaming not approved by the legislature, and nowhere in its plain language does the Gaming Control Act expressly permit daily fantasy sports contests or other fantasy sports betting, but whether daily fantasy sports contests fall within the Gaming Control Act's definition of gaming depends on the particular form of the daily fantasy sports contest. A definitive conclusion as to the legality of daily fantasy sports contests as a whole or any particular daily fantasy sports game cannot be reached without additional facts. 2025 Op. Att'y Gen. No. 25-17.

Notes of Decisions
Cited in 2 cases, 2005–2016 · leading case: Pueblo of Pojoaque v. New Mexico, 214 F. Supp. 3d 1028 (D.N.M. 2016).
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Pueblo of Pojoaque v. New Mexico, 214 F. Supp. 3d 1028 (D.N.M. 2016). “§ 60-2E-4)(internal quotation marks omitted).”
State Ex Rel. New Mexico Gaming Control Bd. v. Ten (10) Gaming Devices, 2005-NMCA-117, 120 P.3d 848. · cites it 2× “]” Section 60-2E-4. {8} In keeping with the declared public policy, the Act specifies activities which require licensing pursuant to its provisions: (1) “A person shall not conduct gaming unless he is licensed as a gaming operator.”
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