After a review of state law, West Virginia Attorney General Patrick Morrisey recently released an opinion stating select fantasy sports games are legal in the state because cash prizes awarded from fantasy sports games are based on a player’s skill in selecting athletes plus those athletes’ actual performance. The state constitution prohibits private lotteries and other games of chance.
“Fantasy sports games are a bit different than games that are decided predominantly by chance. So if you play fantasy sports that are set up the right way, then this decision makes it clear that you can continue to participate,” Morrisey said. He noted state Senate President Bill Cole requested the opinion after the House failed to pass legislation allowing fantasy sports, which passed in the Senate. The bill addressed businesses like DraftKings and FanDuel
Several states starting a new fiscal year July 1 have imposed new taxes and fees on fantasy sports games. For example, Virginia and Indiana now will charge an initial $50,000 fee for fantasy sports websites to operate in those states, and Tennessee will charge a 6 percent revenue tax on fantasy sports companies.
