DraftKings’ Pick6 fantasy game, which launched in several states earlier this month on its DFS site, is no longer available in Maryland after the Maryland Lottery as gaming regulator ordered it withdrawn.

“Unfortunately, we’ve had to stop offering Pick6 in Maryland at this time, we hope this will change in the future,” Jon Aguiar, DraftKings’ peer to peer gaming director, posted on social media. 

The Pick6 game closely mirrors DFS pick’em offerings from PrizePicks and Underdog Fantasy. Pick6 allows users to choose between two and six props, with players then competing against peers like on a traditional DFS site. Neither PrizePicks nor Underdog Fantasy offers pick’em games to Maryland customers.

Lottery officials initially allowed the new DraftKings game but then changed course. 

“The sports wagering definition in our law includes single-game bets; teaser bets; parlays; over-unders; moneylines; pools; exchange wagering; in-game wagering; in-play bets; proposition bets; and straight bets,” Seth Elkin, the Maryland Lottery’s managing director of communications, told Sports Handle via email. “If a competition has any of these components, it’s defined in Maryland as sports wagering and is not permitted as a DFS offering. It can only be made available by a licensed online sports wagering platform or facility.”  

Retail and online sports betting are both available in Maryland, with DraftKings’ sports betting app among those operational in the state. DraftKings’ Pick6 product remains available in a handful of other states outside of Maryland, including California. 

Maryland isn’t the first state to reject or question the legality of DFS pick’em style games. Several other state regulators, have recently banned the games, issued warning letters to operators about them, or have them under review. California’s attorney general is expected to look into the topic as well.

Virginia Attorney General Jason Miyares issued an opinion last week that pick’em style games should be deemed sports betting rather than fantasy sports.

“It is my opinion that when a customer places a bet related to individual athletes’ performance metrics, the outcome of which is determined by reference to a contest operator’s established baseline rather than choices made by other customers, the customer is engaged in sports betting and not a fantasy contest,” Miyares wrote.

It’s unclear if that means Virginia might ultimately ban pick’em style games, which are still offered in the state by PrizePicks and Underdog.