JEFFERSON CITY, Mo. (KY3) – Some social media and television gambling advertisements are raising eyebrows in Missouri.

A DraftKings campaign is advertising a deal “now live in Missouri,” which might initially seem confusing. Although voters passed Amendment 2, legalizing sports betting, the Missouri Gaming Commission has not yet awarded any licenses. However, DraftKings is not doing anything wrong.

Although it appears to be a sports betting commercial, DraftKings is advertising a fantasy game, and betting on fantasy sports is legal and regulated in Missouri. The Missouri Gaming Commission regulates fantasy sports, but it will still be several months until the infrastructure is set up for sports betting.

“We’ve got that small intense group of people led by our executive director to make sure that we’re not missing anything,” said Missouri Gaming Commissioner Jan Zimmerman.

Betting on fantasy sports is not new. Companies like DraftKings can profit from this in states where sports betting is not legal or, in Missouri’s case, not yet operational.

When looking at the map of where the DraftKings Pick Six deal is available and comparing it to the map from the American Gaming Association of states where sports betting is legal, you’ll notice eight states where you can get this Draftkings deal but sports betting is not legal; that’s without including Missouri.

Betting money on fantasy sports is legal because of the Unlawful Internet Gambling Enforcement Act of 2006, which designates fantasy sports as a game of skill *not a game of chance, like sports betting. Because of this, betting on fantasy sports is not considered gambling.

The Missouri Gaming Commission hopes to open sports betting later this year. In the meantime, avid sports fans and gamblers must stick to fantasy sports.

“We are still very hopeful that we’ll be ready to go by mid-to-late-summer,” Zimmerman said.

The Missouri Gaming Commission’s regular meeting is scheduled for Wednesday. The commission will continue working toward establishing sports betting.

According to data from GeoComply, there were more than 11 million attempts to place a sports bet in Missouri during the first half of the 2024 football season.

A 10% tax will be imposed on gambling revenue. The auditor’s office estimates that sports betting could generate up to $29 million in tax revenue.

That revenue is allocated first to cover any of the “reasonable expenses” incurred by the Gaming Commission that were not covered by revenue from fees.

After those expenses are covered, 10% of the remaining wagering tax revenue, or $5 million, whichever is greater, would be allocated to the state’s Compulsive Gaming Prevention Fund. Finally, whatever revenueremainsg is legally required to be spent on “institutions of elementary, secondary, and higher education” in Missouri.

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