ALBANY — As the holiday season gets underway, the state Gaming Commission, state office of addiction services and supports (OASAS) and the New York Council on Problem Gambling encourage New Yorkers not to gift lottery tickets to those under the age of 18.

Even though the practice remains legal, research supports that early exposure to or participation in gambling during childhood is highly correlated with the development of a gambling problem later in life. Gambling exposure during childhood is often through a lottery product, such as lottery tickets or scratch-offs. Often, these items are given to a child by an adult who is unaware of the associated risks.

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What the law says

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State law prohibits the direct sale of lottery tickets to those under 18, “but this shall not prohibit the purchase of a ticket for the purpose of making a gift by a person 18 years of age or older to a person less than that age,” according to 9 NYCRR Section 5001.27.

If a minor is gifted a ticket and wins, they cannot directly collect the prize money. If such prize is less than $5,000, the state gaming commission may make payment by delivering to an adult member of the minor’s family, or to the minor’s guardian, a check or draft for the prize amount payable to the order of such minor.

If the person entitled to a prize is under 18 years and the prize is $5,000 or more, the commission will make payment to such minor by depositing the amount of the prize in any bank to the credit of any adult member of the minor’s family or guardian of the minor as custodian for such minor. The person so named as custodian shall have the same duties and powers as a person designated as a custodian in a manner prescribed by part 4 of article 7 of the state Estates, Powers and Trusts Law.

In either event, the commission shall be discharged of all further liability upon payment of prizes to a minor in accordance with this section. The division may withhold prize payment until satisfactory evidence, including, but not limited to, notarized statements, or other evidence of family relationship, guardianship, custodianship or other matter deemed appropriate, is established on behalf of the minor.

While the law has a loophole for gifting lottery tickets to those under 18, it’s always illegal for a retailer to sell a lottery ticket to those under 18. Retailers should always check the government-issued photo ID of any customer purchasing a lottery ticket. If the customer is underage or does not show a valid form of ID, the state gaming commission is clear: do not make the sale.

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Gambling addiction resources

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OASAS oversees providers across the state that offer problem gambling services, and regularly works with its provider network to improve services. Prevention providers focused on gambling provide community-based education programs to adults regarding the harms associated with underage gambling and how to seek support through the state OASAS HOPEline if needed. That can be reached by phone call at 1-877-8-HOPENY (467369) or by text at HOPENY (467369).

Throughout the year, the New York Council on Problem Gambling works to address youth risk through training professionals, community-based organizations and youth influencers. The Council’s efforts also focus on supporting state colleges and universities as they begin to assess and understand this public health issue and how to address it on campus. Keeping young people safe from gambling starts with awareness and education. Through the You Decide NY hub youth, parents and communities can access clear, supportive resources to understand risks and make healthy choices around gambling.

“Lottery tickets are fun, exciting gifts for adults, but they are clearly not for children,” Gaming Commission Chairman Brian O’Dwyer said in a statement. “We encourage all New Yorkers to responsibly enjoy the holiday season — including keeping potential gambling harms away from our youth.”

OASAS Commissioner Dr. Chinazo Cunningham said that it’s important that adults understand what can happen when those under 18 are exposed to gambling.

“Gifting lottery tickets or scratch-offs to young people may seem harmless, but it can be a risk factor for them developing a gambling addiction later in life,” she said in a statement. “It is important that adults are aware of these risks and recognize these are not appropriate gifts for those under 18. Working closely with our partners in the Responsible Play Partnership, we continue to expand and enhance our continuum of gambling services throughout New York, as well as educate the public about the importance of responsible gambling.”

New York Council on Problem Gambling Executive Director Michelle Hadden urged the people of New York to keep the youth safe from gambling harms.

“Gambling on scratch-off tickets is often seen as harmless fun for kids, but research shows youth are far more vulnerable to the harms of gambling,” she said. “We hope this holiday season gift giving brings joy to young people and not lottery play.”

More information about the Gift Responsibly campaign is available at tinyurl.com/5fyrczd4.