New Mexico sports fans looking for a definitive answer on the legality of DraftKings and FanDuel will have to keep waiting, as the state’s top law enforcement officer says the answer is currently a “maybe.”
In a formal legal opinion released Dec. 23, 2025, Attorney General Raúl Torrez declined to state whether Daily Fantasy Sports (DFS) apps are legal under current state law. An AG opinion is a formal written statement issued by the state’s top legal officer to guide state agencies or officials on the interpretation and application of state laws; while not legally binding like a court ruling, it carries significant authority and serves as a “road map” for law enforcement and regulators.
The New Mexico Gaming Control Board requested the opinion to clarify if these popular online platforms violate the state’s gambling laws. Torrez’s office concluded that because the New Mexico Legislature has never formally authorized DFS, the legality of each contest depends on a complex “case-by-case” analysis of whether the game is won by skill or by chance.
The most important takeaway for New Mexicans is the office’s refusal to green-light the industry: “We cannot categorically conclude, based on the information available to us at this time, that DFS contests via online applications are legal under current New Mexico law.”
Torrez noted that the state’s Gaming Control Act may need a legislative overhaul to finally settle the debate. Until then, the apps remain in a legal gray area, leaving the door open for future court battles or legislative action.