Home» US Poker Laws » State Laws
The gambling laws of US states are best collectively described as a mashup, a tangle of differing philosophies, definitions and priorities.
The two major exceptions where playing online poker is an illegal activity are in the states of Washington (where playing is a felony) and Utah, (where it’s a class B misdemeanor). On the opposite side of the coin are three states that fully embraced the legality on online poker: Nevada, Delaware, and New Jersey.
- NOTE: As of, Australia has joined the USA in restricting online poker. Any Australian residents will now need to use an off-shore site similar to the USA currently does if they wish to play online poker. They are no longer allowed to play on official sites such as PokerStars or FullTilt.
- State Run Poker Sites vs Global Ones. With online poker officially legal in the United States on a Federal level thanks to the revision a 1961 Federal Law, it is now up to the States to decide whether they want to allow a State run poker site or not, and so far three states have; Delaware, Nevada, New Jersey, and Pennsylvania.
- In Nevada, only poker is available for legal consumption; New Jersey offers poker rooms and other types of casino games at its state-licensed online casinos. As for sports betting - a form of gambling that was illegal under federal law - it has received a chance to be legalized in May 2018, when the US Supreme Court lifted the ban and allowed.
- Online Poker Laws In The Works (Dead or Alive) There have been several attempts over the last few years to regulate online poker in California. Some of the most-publicized legislation to date includes: SB 1463 – This was introduced on 2/24/12 by Roderick Wright and Darrell Steinberg.
Below you'll find a quick synopsis of gambling laws in each US state, along with a link to a detailed report for every state. Each review provides a plain-language interpretation of the state's gambling laws, an analysis of the legal status of online gambling and poker in general in the state.
The US state gambling laws include a review of recent developments relevant to online poker players. The state pages on this site are updated often to reflect the most recent developments for legal poker in the USA.
To help you navigate this page better, we've provided an interactive map. Simply click on a state within the map and the page will load that particular section for you.
Alabama Poker: State allows very limited types of gambling and considers poker to be gambling. Severe punishments for both players and operators. State law does not directly mention online gambling.
Alaska Poker: No lottery and very little regulated gambling in this state. Poker could qualify as game of skill, but case law suggests it is considered gambling. No specific law regarding gambling over the Internet.
Arizona Poker: One of a handful of states that expressly prohibits online gambling. Several forms of regulated gambling available. State law (and enforcement) primarily targets those who profit from illegal gambling activity.
Arkansas Poker: Broad definition of illegal gambling. Some parts of state law may have direct applicability to online gambling. Individual gamblers are not a focus of criminal charges related to illegal gambling.
California Poker: Offers a variety of regulated gambling options. No specific law addressing the issue of online gambling. Seems close to passing some sort of regulation, likely poker-only.
Colorado Poker: Expansive definition of gambling underpins strict approach to unregulated gambling. Poker is considered gambling. While law does not address online gambling specifically, state officials contend such gambling is illegal.
Connecticut Poker: Poker specifically mentioned in statutory definition of gambling. No law dealing directly with Internet gambling or online poker. Home poker games legal if no rake is taken.
Delaware Poker: Recently passed law to regulate some forms of online gambling. Players face only minor criminal exposure for participating in illegal gambling.
Florida Poker: Poker hotbed has very restrictive anti-gambling laws. Very few ways to play poker or gamble and be within the letter of Florida law. State has seen a handful of failed attempts to regulate online poker.
Georgia Poker: Poker players have almost no regulated - and therefore no legal - options for real money poker. State has constitutional ban on almost all forms of gambling.
Hawaii Poker: No regulated gambling of any sort in the 50th state. While online gambling not addressed directly, several aspects of state law could still apply. Individual gamblers not a primary target.
Idaho Poker: Possibly the broadest definition of gambling in the US. Poker directly mentioned. Online gambling possibly addressed by constitutional prohibition on gambling. Penalties relatively minor for players and operators.
Illinois Poker: Broad selection of regulated gambling and severe approach to unregulated gambling. State law specifically prohibits the operation of an online gambling site, but not necessarily playing at one.
Indiana Poker: State takes aggressive approach to illegal gambling. Players appear to be targets along with operators. Indiana has a law outlawing the operation (but not the use) of online casinos.
Iowa Poker: Does not draw a clear distinction between participants and operators. Severe potential penalties for both. State seems poised to pass some sort of online gambling regulation soon.
Kansas Poker: A litany of regulated options contrasts with a strict approach to unregulated gambling. State lottery oversees commercial casinos, a unique arrangement. No apparent momentum for online gambling regulation.
Kentucky Poker: Has legal online betting on horse racing. Practically zero criminal risk for those who merely participate in illegal gambling, but substantial exposure for those who profit from or otherwise advance such activity.
Louisiana Poker: Vague definition of gambling creates legal uncertainty. State law does specifically prohibit gambling online or running online gambling business.
Maine Poker: No penalties for mere players who take part in illegal gambling. Home poker games legal under Maine law. No direct mention of online gambling or online poker.
Maryland Poker: Gambling law differs county-to-county. Generally stiffer potential penalties for players than average. No direct reference to online gambling, but Maryland law has been to used to prosecute several operators.
Massachusetts Poker: Very broad definition of illegal gambling. Players face substantial charges in theory, but enforcement efforts do not appear to target players. No specific law covering gambling over the Internet.
Michigan Poker: Operators and players alike face harsh penalties in Michigan, which specifically identifies poker as a form of gambling. Internet gambling not addressed directly by any part of the law.
Minnesota Poker: State provides some forms of regulated gambling. Poker is likely considered gambling. Home poker games are excluded from anti-gambling law given that no one profits from running the game.
Mississippi Poker: Poker specifically identified as gambling. Minor penalties for those who are only players in illegal gambling activities. No part of Mississippi law deals specifically with Internet gambling.
Missouri Poker: Possibly the most severe penalties for players of any state in the nation. Lacks any law constructed to deal with online poker, but state officials assert such gambling is illegal under existing law.
Montana Poker: Law expressly prohibits online gambling but seems primarily focused on operators and not players. Otherwise, both players and operators involved in illegal gambling face stiff penalties.
Nebraska Poker: Difficult to identify a way in which playing poker for money could be legal in Nebraska. Little to no apparent interest in regulating online poker or online gambling.
Nevada Poker: First in the nation to issue licenses to online poker operators. Anti-gambling laws almost exclusively focused on those running illegal gambling operations and not on mere players.
New Hampshire Poker: Fairly narrow definition of gambling that may or may not include poker. State law doesn't appear to cover online gambling directly.
New Jersey Poker: Plenty of regulated gambling options available in New Jersey. State appears close to passing online poker regulation (and perhaps a larger package of online gambling regulations).
New Mexico Poker: A very broad definition of illegal gambling but no direct mention of online gambling or online poker. Home poker games apparently illegal under state law.
New York Poker: State anti-gambling laws formed heart of Black Friday indictments. Home poker games allowed. Despite Black Friday role, no mention of online gambling in state law. Players face little risk or liability in New York.
North Carolina Poker: No definition of 'game of chance' creates confusion in state gambling law. Relatively weak penalties for anti-gambling law violations. State may soon regulate so-called 'Internet sweepstakes' cafes.
North Dakota Poker: Very broad definition of illegal gambling, but little apparent enforcement. Has some potential to regulate online gambling in the near term. Home poker games legal or illegal based on stakes involved.
Ohio Poker: Poker specifically defined as 'game of chance.' Home games legal at any stakes. State seems to have significant likelihood of regulating online gambling in near term.
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Oklahoma Poker: Tons of regulated gambling options, but very stiff penalties for unregulated gambling. Transmission law may cover Internet gambling.
Oregon Poker: Law specifically prohibits financial transactions related to internet gambling. Poker for real money legal in a variety of regulated formats.
Pennsylvania Poker: Players in illegal gambling activities face no liability. State has somewhat confused approach to gambling thanks to lack of clear statutory definitions. Online gambling regulation seems fairly likely in next two years.
Rhode Island Poker: Ambiguous gambling law but players do not appear to be targets of the law or enforcement efforts. Rumored interstate poker partner for Delaware.
South Carolina Poker: State Supreme Court will soon decide if poker is a form of gambling. Centuries-old laws regarding gambling still on the state's books make many common games such as Monopoly technically illegal.
South Dakota Poker: Very aggressive approach to illegal gambling. Very broad definition of what activity constitutes illegal gambling. State law explicitly criminalizes operation of online gambling businesses.
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Tennessee Poker: More or less prohibits all forms of gambling, save the state lottery and some forms of charitable gambling. Law does not directly tackle online gambling.
Texas Poker: Significant factions of state government and the public vociferously opposed to gambling. Utilizes very broad definition of gambling that includes betting on any activity involving any chance.
Utah Poker: No regulated forms of gambling. Pre-emptively opted out of any federal law regarding online poker in 2018. Least likely of the 50 states to regulate online poker or gambling.
Vermont Poker: Relatively limited law regarding gambling. Minor penalties and low-priority enforcement for individual gamblers.
Virginia Poker: State takes what amounts to an average approach to anti-gambling laws and enforcement. No law specifically designed to cover online gambling.
Washington State Poker: Only state to make placing a bet online a felony. State allows a wide variety of regulated gambling options, including commercial and tribal casinos.
West Virginia Poker: State allows wide array of regulated gambling. Minor penalties for players engaged in illegal gambling. Frequently mentioned as potential interstate online poker partner for neighbor Delaware.
Wisconsin Poker: Home to a handful of regulated gambling options. Fairly strict laws regarding unregulated gambling and higher-than-average arrest numbers for such charges.
Wyoming Poker: Very broad definition of illegal gambling. One of a few US states to not have a lottery. Relatively minor penalties for engaging in illegal gambling.
District of Columbia Poker: Home to nation's capitol and an attempt to regulate online gambling that failed in 2018. Anti-gambling laws relatively limited.
The legality of online poker in the United States varies according to your jurisdiction. Contrary to what some sources might have you believe, no federal law specifically forbids online poker. State laws, on the other hand, might or might not, depending on the state. Only one state (Washington) has a specific law explicitly forbidding online poker, while only Delaware, Nevada and New Jersey have legalized and regulated it.
Our goal is to provide the facts about where you can play poker online legally in the United States. You should know up front that our site isn't run by lawyers or anyone with any kind of governmental authority. If you need actual legal advice, you should contact an attorney. The information provided here is for educational and entertainment purposes only. We're not responsible for anything that happens based on your use of the information here.
That being said, the information here is accurate and reliable to the best of our knowledge.
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Washington State
We thought it would be a good idea to get this out of the way right away. It is illegal to play poker online for money in the state of Washington.
The state of Washington passed a law in 2006 making online poker a felony. Full Tilt Poker and PokerStars responded by no longer offering services to residents of that state, but they continued to operate in the rest of the country. If you live in the state of Washington, it's a crime to play poker online for money. In fact, it's a serious crime. Our advice to poker players in Washington state is to not play poker on the Internet.
We don't know why the state of Washington has taken such a draconian stance against Internet poker, but if you live there, it's probably best not to play, even if you can find a site which would accept you as a player.
Games of Skill vs. Games of Chance
The amount of controversy surrounding whether or not it's legal to play poker on the Internet in the United States is strange, especially in light of the similarities between the game and the free market system, which is one of the cornerstones of the American way of life. Poker is even commonly called 'America's card game.' Expert players consider it a mind sport. Even the general public considers poker a sport; that's why it's the subject of televised events on ESPN, a TV channel that specializes in sports programming and reporting.
In August, 2012, Judge Jack B. Weinstein, a federal judge in Brooklyn, ruled that poker is predominantly a game of skill rather than chance. The reasoning is that the money doesn't flow to the luckiest players at the table, at least not in the long run. In the end, the most skilled players win the most money. The skills used in poker include reading other players, concealing your own intentions, and evaluating the odds that your hand is the best.
According to Judge Weinstein, 'The most skillful professionals earn the same celestial salaries as professional ballplayers.'
Of course, this doesn't mean that playing poker doesn't constitute gambling, at least not colloquially. What makes a game 'gambling' is the activity of betting money. Skill becomes a consideration from a legal standpoint, though. In many jurisdictions, contests of skill are treated dramatically different from games of pure chance.
You might be the best poker player in the world, but on any given hand, you face an element of risk. The same holds true for other bettors who use skill to get an edge. Blackjack card counters, expert video poker players, and skilled sports handicappers all sometimes lose.
The Interstate Wire Act of 1961
Does the Wire Act make online poker illegal?
The Interstate Wire Act of 1961, sometimes called 'the Federal Wire Act', was passed in September, 1961 in an attempt to thwart organized crime.
In 2005, the Justice Department sent threatening letters to Internet publishers and broadcasting companies, including Google, Yahoo, and Infinity Broadcasting. Their contention was that accepting advertising from companies involved in online gambling was 'aiding and abetting' illegal activities. They used the Interstate Wire Act as justification for this.
In December, 2011, The Justice Department reversed their position, stating that the Interstate Wire Act of 1961 only applies to sports betting, not to poker.
So the short answer, until the Supreme Court rules otherwise, is no, the Wire Act does not make online poker illegal.
The Unlawful Internet Gambling Enforcement Act of 2006
Does UIGEA make online poker illegal?
The Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA) was passed as part of the Safe Ports act. The law made it a federal crime to accept payments connected with illegal Internet gambling. It did not define 'illegal Internet gambling', and since the Wire Act only applied to sports betting, no federal law makes it illegal to play poker on the Internet for money.
So the short answer again is no, UIGEA does not make online poker illegal unless state laws make it illegal (which they seem to do in the vast majority of the states).
As a practical matter, though, UIGEA has made life harder for online rounders. Some companies, including Pacific Poker, Paradise Poker, and Party Poker, stopped accepting real money players from the United States. Other companies, including Full Tilt Poker, PokerStars, and the Cereus Poker network, continued to accept players from the United States. Eventually, even those companies had to capitulate to the prevailing anti-gambling sentiment from the current U.S. governmental regime.
Black Friday
Did the events of Black Friday make online poker illegal?
In 2011, an estimated 2 million Americans played online poker for money on a regular basis. On Friday, April 15, 2011, The Justice Department eliminated most of this play when it shut down the three most trafficked poker sites (Pokerstars, Full Tilt Poker, and the Cereus Network) with charges of money laundering and fraud. The US government contended that the companies had violated UIGEA, but the poker companies operated under the understanding that online poker wasn't illegal and therefore didn't constitute a violation of the act.
The Department of Justice not only seized control of the websites for the three companies, they also froze the assets in 76 bank accounts in 14 countries. Both civil and criminal charges were filed. In July, 2012, the U.S. government dismissed 'with prejudice' the civil complaints, but not the criminal indictments. PokerStars and Full Tilt Poker settled without admitting wrongdoing. As part of the settlement, PokerStars bought Full Tilt Poker.
No, the events of Black Friday didn't make online poker illegal, but they had a chilling effect on the actual play. The industry still hasn't recovered, but there are reasons to be optimistic.
The Poker Player's Alliance
The Poker Player's Alliance (PPA) was founded in Washington D.C. in 2005 as a non-profit political advocacy group to protect the rights of poker players in the US. Their goals include overturning UIGEA and passing legislation legalizing and regulating poker on the Internet. From their about us page, their mission is as follows: 'The PPA's mission is to establish favorable laws that provide poker players with a secure, safe and regulated place to play.'
Multiple bills have been proposed in Congress to amend UIGEA with an exception for online poker and other skill games but none have passed. We encourage the civic-minded members of our readership to visit their site, consider donating, or use their other resources to write to the lawmakers who represent them in the government. If it is the will of the people, safe and regulated online poker can become a reality sooner rather than later.
Delaware, Nevada, and New Jersey
Three states, Delaware, Nevada, and New Jersey, have passed laws explicitly legalizing and regulating online gambling.
Delaware taxes the first $3.75 million of online gambling revenue in a year at 100%, which means that casinos need to generate a tremendous amount of activity to earn any money from online gambling activities. To legally gamble online in Delaware, a player must be of gambling age and operate their computer (or smartphone/table) within the state. The online poker market there is correspondingly small as a result, but state officials are confident that revenues from online gambling will grow as it catches on there.
Nevada has legalized online poker for two sites: UltimatePoker.com and WSOP.com. These two sites have exclusive rights to run online gambling in the state. As in Delaware, players must be of legal gambling age and operate their computer within the state. Nevada taxes online gambling revenues at the same rate (6.75%) as all other gaming revenue.
Websites offering online gambling in New Jersey are required to have a relationship with a physical casino within the state. They tax this revenue at 15% (compared to the 8% they tax their physical casinos). All gambling activities, including poker, are legal within this context, but revenues have been lower than expected. This disappointment is, at least in part, a result of credit card companies' lack of cooperation in processing these transactions.
These are not the only states where it's legal to play poker. They're just the only states to have laws on the books specifically legalizing the activity and regulating it. In the United States, an activity is legal unless a law prohibits it, so the lack of laws on the books in some states does not equate to the committing of a crime. At least nine other states have proposals to legalize and regulate poker on the Internet.
Can You Legally Play Poker for Money on the Internet in the US?
State laws vary. If you live in the state of Washington, playing poker online for money is a felony. In most cases, general state gambling laws make online poker illegal as well. To our knowledge, no one in the United States has been indicted or convicted of a crime related to playing online poker for money so far. This, of course, might change in the blink of an eye. We recommend that you only participate in online poker if it's legal where you live.