Legal Online Poker in the US: Can I Play in my State?
Legal online poker has had a turbulent history in the United States ever since Planet Poker first went online in 1998. At first, legal online poker operated in a void. Not only was it the start of online poker, but the internet itself was a new technology that was essentially unregulated.
Following Chris Moneymaker’s seminal 2002 World Series of Poker win, online poker quickly exploded into an international phenomenon. The aptly-named Moneymaker qualified for the $10,000 buy-in WSOP Main Event for just $86 and parlayed it into a $2.5 million payday. After that, companies pumped millions of dollars into various poker sites while funding and advertising live televised poker shows. From then on, online poker was everywhere.
The United States government followed the poker boom closely enough to notice that the global poker sites were not paying taxes in America. Congress passed a law called the Unlawful Internet Gambling Enforcement Act (UIGEA) in 2006 to prohibit igaming sites from conducting business with American banks, thus rendering all online poker transactions in the US illegal. Some poker sites left the US market at that point, while others waited and fell to the Department of Justice site seizures of April 15, 2011, a date that came to be known as Black Friday.
Since then, online poker has been relegated to state governments to legalize and license as they see fit. Several have legalized online poker and other forms of igaming, others have considered it, and most have yet to address the subject at all.
Our sole purpose is to give you, as a poker player, a more robust understanding of the fundamentals of gambling laws in your state. Below, we’ve assembled a list of all 50 states. Click on any state name to take an in-depth look at that state’s history, including its attitude toward and laws relevant to the game of poker.
We also have a section relating to current legislation and poker bills on both the state and federal levels.
Poker and Gambling Laws by State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Legality of Online Poker in the US
Top Sites for Online Poker in Your State
Is Online Poker Legal in the US?
Yes! As of the start of 2023, seven states regulate their own online poker industries and offer trustworthy site options – Nevada, Delaware, New Jersey, Pennsylvania, West Virginia, Michigan, and Connecticut. Despite all seven states have legalized online poker, they all operate on somewhat different terms. Every one of the 50 states has a unique view of internet poker:
Alabama
It’s certainly not a sweet home for gamblers, who face stiff penalties on both the business and player sides of the illegal gambling equation. There are few options, and the likelihood of regulated online poker in the near term is essentially nil.
Alaska
State gambling law does not directly handle gambling conducted online. The general attitude toward gambling is restrictive, and chances of expansion seem pretty low. Poker occupies something of a grey area in Alaska law.
Arizona
A litany of regulated options for playing real-money poker coexists with an aggressive stance toward unregulated gambling in Arizona. Internet gambling is addressed in state law. Poker is handled directly by statute.
Arkansas
Aggressive approach toward prosecuting illegal gambling is aimed primarily at the individuals or groups who are backing, running, or otherwise entangled in the business end of the activity. Opportunities for regulated online gambling seem dim.
California
Lawmakers tried to legalize online poker for more than ten years before quitting after an incredibly frustrating 2016 legislative session. Many parties made arguments that made online poker appear possible, but a stalemate over a lousy actor clause relating to PokerStars ended all talks.
Colorado
Law is clear regarding poker but less so when it comes to the online version of the game. They could be a candidate for regulated online poker, but a lack of obvious support undermines their potential. Very tough on unregulated gambling in general.
Connecticut
After years of the Mohegan and Mashantucket Pequot tribes fighting for igaming, including online poker, the legislature agreed to it in 2021. While online casinos have been beneficial for Connecticut thus far, online poker has yet to find license applicants.
Delaware
One of only a few states in America to legalize and regulate online gambling, including online poker. The sites launched in 2014. The three horse racing tracks offer online poker, connected via a multi-state online poker network with Nevada and New Jersey.
Florida
This state is frequently mentioned as a possible place where regulated online poker could both come to pass and thrive. Current law does not directly intersect with the issue of gambling that happens online. Regulated choices abound for land-based poker players.
Georgia
Lawmakers have been open to discussion gambling expansion in recent years but only as far as land-based casinos and sports betting. Online poker and igaming are not on the table.
Hawaii
More lawmakers in Hawaii have been open to discussing the possibility of sports betting, with only a select few even entertaining the idea of a casino on the islands. While igaming could be a median solution, most in the legislature are unwilling to even discuss it.
Idaho
Gambling isn’t small potatoes in Idaho, where the law takes an expansive approach to defining illegal gambling. While poker may be a question in some states, Idaho law singles it out as a prohibited form of gambling. Online gambling is less clear.
Illinois
A long history with gambling played a part in expanded options of late, including video gaming terminals and sports betting. Lawmakers have seriously considered online poker and casino games, though it may be another year or so before they find the right amount of support.
Indiana
The Hoosier State has been a surprise contender for regulated igaming, having seriously examined several bills in the last few years. While brick-and-mortar casinos appear to support igaming, unfounded concerns of cannibalization keep the bills from progressing.
Iowa
A state that has been considering regulated online poker for several years, Iowa takes a middling stance on gambling in unregulated environments. Penalties for operators can be quite harsh, less so for poker players.
Kansas
Online gambling is not covered directly by state gambling law. While Kansas is home to a wide array of regulated gambling methods, online gambling does not seem likely to appear on that menu at any point soon.
Kentucky
After a harsh stance on internet gambling in 2008, when the governor ordered more than 140 gambling domains seized and then sued PokerStars for close to $1B, Kentucky didn’t seem like an online poker possibility. That was until the son of said governor took over that spot and ordered lawmakers consider sports betting and online poker. Bills have come surprisingly close to passage in the past few years.
Louisiana
The state law is complicated by a flawed and incomplete definition of gambling. All parts of the law are subject to interpretation. There was an effort to legalize online poker by voter referendums, but nothing has moved on since 2018.
Maine
Nothing in state law provides precise guidance on playing poker online. Other types of poker are legal under specific circumstances, but players do not appear to risk arrest regardless of the game’s legal status.
Maryland
One of the more complex webs of state gambling law thanks to an additional level of county law regarding gambling. The state has pursued multiple online gambling operators aggressively. Position on players less clear.
Massachusetts
Gambling-friendly state started seriously considering online poker and casino games in 2017, opening its first land-based casino in 2018. No serious online gambling bills have been proposed in the last couple of years, but the state remains a strong possibility in the coming years.
Michigan
Years of efforts to legalize online poker and igaming paid off. Legalization in late 2019 led to a massive influx of revenue from igaming. Online poker grew as well, with the governor even signing the interstate agreement to allow partnerships with other states for poker liquidity.
Minnesota
There are many ways to play poker legally in the state, but many questions about how the law applies to online gambling continue. Law is unclear both on the issue of internet gambling in general and internet poker precisely.
Mississippi
Law is quite clear on poker as a form of gambling; poker is included in the statutory definition of the term in Mississippi law. To date, some past rumblings regarding online poker regulation have amounted to nothing in the way of tangible action.
Missouri
The Show Me State has been willing to examine sports betting bills in the last few years and is likely to join the ranks of legal online betting for sports soon. Other forms of igaming, however, don’t have much support at all.
Montana
Big Sky Country is also home to some significant penalties for engaging in actions that the state considers illegal gambling. Online gambling is directly handled by Montana gambling law. Few poker options.
Nebraska
Online poker seems unlikely in coming years, but Nebraska lawmaker proposed legal live poker in 2021 as a skill game. Law is not garnering much support, but movement is possible.
Nevada
No surprise that the nation’s gambling capital was the first to offer regulated online poker. However, only one site is available for players in the state. Online casino games are not permitted.
New Hampshire
A literal reading of New Hampshire laws puts online gambling in a legal grey area, but lawmakers have recently opened up to discussing online gaming. With neighboring states benefiting from the games, NH lawmakers have put igaming on the table for serious discussions in 2023.
New Jersey
A pioneer of regulated online gaming in the US, New Jersey long ago eclipsed $1B in igaming revenue. It has become a model for other states and guided some of them through the legalization and regulation process. Now with sports betting as well, NJ is as much a gambling state as it can be.
New Mexico
State does allow some regulated forms of real-money poker, but all unregulated forms are potentially subject to New Mexico’s anti-gambling laws. Online poker players will find no specific mention of their game on the books, but other rules may still apply regardless.
New York
Year after year, lawmakers put online poker bills on the table only to fail to push them toward hearings and votes. In 2023, State Senator Addabbo encouraged full igaming instead of just online poker, and that bill has potential for success.
North Carolina
Like its twin to the south, North Carolina takes a dim view of nearly all forms of gambling. Unlike South Carolina, the law in North Carolina offers little risk to players in illegal gambling games. Poker is likely, although not definitively, included in the statutory definition of gambling.
North Dakota
Longtime ND Rep. Kasper has been a fan of poker since the Moneymaker era. He has been working to legalize online poker since 2005 but fails to gain enough support. His last attempt in 2021 failed again, as Kasper’s fellow legislators don’t share his passion for or knowledge of the game.
Ohio
The last few years have produced unexpected discussions of igaming regulation, though this has yet to take the form of votes for legislation. Realistic proposals have been put forward, so it may be a matter of just a few years before Ohio joins nearby Michigan in the igaming world.
Oklahoma
Existing laws aimed at cracking down on sports betting may apply to wagering over the internet, but that is one of many conclusions you might reach after reviewing the law regarding gambling in Oklahoma. Chances for regulated online poker in the near term are exceedingly slight.
Oregon
The state takes a rigid approach to gambling that includes a law banning financial activity related to online gambling. Unclear whether poker players are included under the scope of the law. Legal poker is available in several land-based formats.
Pennsylvania
After legalizing igaming and sports betting in 2017, igaming didn’t launch until 2019. PokerStars opened its online poker site in PA in late 2019 and remained the only operator for more than a year. Now, the state is one of the biggest poker markets – both live and online – but has yet to sign the interstate agreement to share online poker sites.
Rhode Island
Bally’s Corporation, based in Rhode Island, is putting igaming on the table in 2023 with its own proposal submitted to lawmakers to regulate online casino games and poker. It remains to be determined if there is legislative support for the effort.
South Carolina
Often employed as a poster child of sorts for the outdated – some would say old-fashioned – approach of state law toward gambling. Laws are written in such a way as to potentially render playing any game of any sort an illegal act, even if no wagering is involved.
South Dakota
It’s illegal to operate an online betting website or similar business in South Dakota. What’s less clear is how poker players merely engage in online poker games fare under South Dakota’s gambling law.
Tennessee
Despite a prohibitionist approach to gambling that is outdone only by Utah and a handful of similar states, Tennessee does not have any law on the books that offers a special legal status for online gambling.
Texas
Despite its connections to the game, Texas has yet to legalize poker in any form. Even so, loopholes in current laws have allows poker rooms to sprout up around the state and become hubs for live poker. Lawmakers finally began to examine the possibility of casinos in recent years, along with sports betting, but online poker remains out of the question.
Utah
They are the only state to decide to pass a law essentially forbidding any participation in any federal online gambling network. Few – some would argue no – types of gambling can be conducted legally in Utah.
Vermont
State gambling laws reflect the more significant attitude of Vermont toward individual freedoms. While some laws on the books forbid particular acts related to gambling, the charges (and interest in enforcement) appear far less intense than in the typical state.
Virginia
Virginia has yet to commit to a specific legislative approach to online gambling. Existing laws regarding land-based gambling may apply. Poker players left with something of a mixed bag in Virginia.
Washington State
In theory, the absolute worst state for online poker players as participating in a real-money game online appears to merit a felony charge. The future of online gambling in the state is constantly in flux. Multiple regulated options for poker exist.
West Virginia
After expanding land-based gambling, West Virginia lawmakers included online poker and casino games in its regulatory scheme in 2019. Online casinos have proven a revenue plus for the state, though no online poker sites have launched even into 2023.
Wisconsin
Poker players can legally play real-money poker in various ways. State law lacks absolute clarity regarding the online variant. The overall legal approach to gambling is relatively strict, thanks partly to protections built in for the state-approved gambling outlets.
Wyoming
Few regulated gambling options are available except on tribal lands. Lawmakers did consider a bill regarding games of skill in 2020, but there has not been enough progress on any poker front to constitute realistic gains.
Federal Online Poker Regulation
It’s natural for online poker players in America to have questions about the legal considerations that accompany playing online poker for real money. Players must be familiar with federal law as it relates to legal online poker and other forms of online gambling and the gambling law of each state in the U.S.
Here’s a quick breakdown of federal online poker regulation.
The 2006 UIGEA
Online poker first popped up in the late 90s. It experienced meteoric growth in a legal vacuum, mainly because the internet was so new that legislators were playing catch up.
In 2006, the first piece of federal legislation related to legal online poker appeared, the Unlawful Internet Gambling Enforcement Act (UIGEA). Thanks to Senate Majority Leader Bill Frist (R-TN) and Jon Kyl (R-AZ), they rushed the bill through the Senate to attach it to the SAFE Port Act. The bill passed in the House in a rare bipartisan 409-2 and 100-0 vote in the Senate due to the necessity of securing the nation’s ports.
No senators or members of the House were able to read the final text of the bill before it passed. But you can view the entire bill’s text here. It’s a lengthy read and is a little ambiguous.
However, the UIGEA didn’t specifically target poker. Instead, it had vague language that left poker in a legal grey area. Specifically, the law barred any U.S. businesses from “knowingly accepting payments in connection with the participation of another person in a bet or wager that involves the use of the Internet and that is unlawful under any federal or state law.”
Poker is not mentioned, and the law doesn’t ban anyone from playing or gambling online; it just bars businesses from accepting and receiving payments. Playing poker was never legislated at the federal level and still hasn’t. With the new legislation, some poker sites like PartyPoker pulled out of the United States. Others, like PokerStars, Full Tilt, Ultimate Bet, and others, stayed in the U.S.
It was a calculated gamble that ultimately proved costly for PokerStars and a few other sites in 2011 when the Department of Justice seized domain names and indicted several people.
Black Friday and the 2011 DOJ Investigation
While the companies mentioned in the section above stayed in the U.S., they started doing illegal dealings with a Utah-based bank. This bank started processing gaming transactions but labelled them as other transactions. The FBI began investigating, and on April 15, 2011, the industry changed forever.
April 15, 2011, started out as a typical Friday. Poker players who got up early were logging onto PokerStars, Full Tilt, and Absolute Poker like they had for the last few years. But players who attempted to log in later in the day were met with a message from the FBI:
Players who didn’t log off could still play; some hung on for dear life. Then came the indictment of Isai Scheinberg, Raymond Bitar, Scott Tom, Brent Beckley, Nelson Burtnick, X (per GDPR), Ryan Lang, Bradley Franzen, Ira Rubin, Chad Elie, and John Campos. They were indicted for nine different charges, including the Violation of the UIGEA, Operation of an Illegal Gambling Business, and Laundering Conspiracy.
The indictment was spearheaded by Preet Bharara, the United States Attorney for the Southern District of New York, and Janice Fedaryck, the Assistant Director of the New York Field Office of the FBI.
The case went to court under the case title “United States v. Scheinberg.” Campos and Elie were arrested that same day, Franzen struck a plea deal, and Rubin was arrested in Guatemala. Bitar turned himself in a year later, and Scheinberg avoided authorities until 2020, when he finally surrendered himself to authorities in New York. Scheinberg and the US authorities came to an agreement in 2020 for him to plead guilty to one violation of the Illegal Gambling Business Act (IGBA), pay fines, and move on.
Nevada Legalizes Online Poker
While the UIGEA left some grey ambiguity to legal online poker law, Black Friday made things black and white. That’s when states decided to take things into their own hands. In 2013 Nevada became the first state to implement legal online poker legislation
Not surprisingly, the first state to legalize online poker with Bill AB114 opens with the following:
“AN ACT relating to gaming; defining certain terms related to interactive gaming; authorizing the Governor to enter into agreements with other states to conduct interactive gaming; revising provisions relating to the Gaming Policy Committee; prohibiting the issuance of licenses to operate interactive gaming to certain persons; revising provisions related to interactive gaming; and providing other matters properly relating thereto.”
Other States Follow Suit
New Jersey and Delaware soon followed Nevada in their pursuit of the legality of online poker. Nevada passed legal online poker legislation on February 13, 2013, and New Jersey was very close behind. Then-Gov. Chris Christie signed the online gaming bill into law on February 26, 2013. The bill had been floating around for some time, and if New Jersey were just a little faster, it could’ve been first.
Delaware was an early adopter of online poker as well. It took Pennsylvania many years to follow, legalizing igaming in 2017, but West Virginia followed, as did Michigan and Connecticut.
2018 Supreme Court Paves Path for Sports Betting and More
This time New Jersey was the one to lead the charge. In 2017 the state of New Jersey argued the case “Murphy v. National Collegiate Athletic Association, No. 16-476, 584 U.S.’ in front of the U.S. Supreme Court. The goal was to overturn the Professional and Amateur Sports Protection Act (PASPA), which barred states from allowing sports betting.
It was an overwhelming win for New Jersey as the state ruled 7-2 in favor of the state and 6-3 that PASPA was unconstitutional. The ruling was made on May 14, 2018.
Since then, several states have legalized online sports betting, a crucial step towards legal online poker. As a result, many state legislatures now address the topic of online gaming to see how it can benefit their states.
Since the US Supreme Court ruling, dozens of states legalized sports betting in some form – live, mobile, online, or a combination. As of the start of 2023, there are 36 states plus Washington DC that have legalized sports wagering, with eight others in the process of considering bills. Only five states have not yet considered a bill.
In some sense, this is a positive development for igaming as more states expand their gambling options and become familiar with geolocation and responsible gambling measures. While most of the sports betting states have not included online poker or casino games with their regulatory measures yet, the possibilities remain.
How is Live Poker Regulated in the United States?
The poker industry in live settings, such as cardrooms and brick-and-mortar casinos, is thriving in the United States. Commercial gambling is legal in all but 17 states, with 466 casino establishments (excluding cardrooms) in operation at the beginning of 2023 and delivering more than $60B in revenue in 2022. Tribal gambling is legal in 30 states, with 515 casinos at the start of 2023 and $39B in revenue recorded in 2021. Altogether, these numbers support more than 1.8M jobs.
Many states struggle with various issues related to online poker sites, such as defining whether it is a game of skill or chance and if collecting rake is illegal. But the ever-growing popularity of poker and the increasing awareness of its skill factors have led some states to consider legislation to legalize playing online poker. States like Washington and Texas struggle with those issues and whether established cardrooms should be legal.
This site is dedicated primarily to USA online poker, but some live poker issues can impact the online scene. In those cases, we cover news relating to this topic and provide poker reviews of various card rooms where poker is legal.
What is Interstate Online Poker Sharing and How Does It Work?
Nevada and Delaware
The governors of Nevada and Delaware signed the first interstate online poker agreement in February 2014. Still, it took until March 2015 to launch the combined 888/WSOP online poker sites due to the technical complications of linking only poker games and restricting Delaware’s online casino games to Delaware residents only. Nevertheless, this interstate relationship allows for more liquidity and a larger overall player pool across the two time zones. It thus offers more significant tournament guarantees and cash game options.
New Jersey
New Jersey finally got in on the interstate liquidity in October 2017 when Governors Chris Christie of New Jersey, Brian Sandoval of Nevada, and John Carney of Delaware signed an agreement. As a result, online poker players can access games across all three state lines, and online casinos will be able to share slot jackpots on progressive games. At the point of the announcement, the only site operating in all three states was 888/WSOP.
Michigan
In the spring of 2022, Michigan’s Governor Gretchen Whitmer signed the interstate agreement, also known as the Multi-State Internet Gaming Agreement (MSIGA). PokerStars was the only site that received approval by the end of 2022 to link its sites, and it did link its Michigan and New Jersey poker player pools on January 1, 2023. Other operators are likely to follow later in 2023.
Pennsylvania
Pennsylvania legalized online poker nearly two years before Michigan, but it has yet to join MSIGA to allow for online poker liquidity. It is expected to do so, but there is no indication as to when it might happen.
Connecticut and West Virginia
Connecticut and West Virginia are also likely to sign on to MSIGA. Both states have yet to issue a single online poker license, as the markets are too small for most operators to justify establishing poker sites just for the small populations. However, when they sign on to MSIGA, this is likely to change that and encourage large operators like PokerStars, WSOP, and BetMGM to set up online poker in those states as well.
All of this will broaden the network and show more of the potential that online poker has to offer via revenue and jobs.
Latest Legal Online Poker News
Online poker laws are constantly changing. States with licensing regimes of their own are adding new operators and new poker skins, and more states are considering proposals and bills. The best way to keep up with the latest is to follow our news section or check the individual state pages.
It’s important to note that no website – no matter how well-researched or informed – can be a substitute for advice from a licensed legal professional.
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Which US States are Most Likely to Have Legal Online Poker in 2023?
In early 2023, a number of states considered online poker or igaming-related bills. Indiana and Kentucky appeared to be one of the most likely to succeed, but both reverted to a focus on sports betting, leaving online poker and casino games for another year. Other states have bills in some stage of consideration as of March 2023, including New Hampshire, Illinois, Rhode Island, and New York.
If any or all of the aforementioned states do not legalize online poker or other forms of igaming in 2023, they will all be atop the list of 2024 possibilities. All of them have legislators interested in the revenue and land-based gambling establishments – either casinos or racetracks – interested in entering the igaming arena.
States with lawmakers educated about igaming understand that it only benefits land-based gambling partners by opening their customer base to new and younger demographics. They understand that the cannibalization argument – the one that assumes online gaming will cannibalize revenue from land-based partners – is a false flag that has proven untrue in all states that now have state-regulated online gambling.
They also know that geolocation technology is very capable of restricting online gamblers to those located within their individual states. And they are aware of the numerous responsible gambling tools available to minimize problem gambling and give customers various tools to better control their gambling practices.
If these lawmakers – or an online poker lobbying organization like the now-defunct Poker Players Alliance – can educate other members of state legislatures and gambling regulators, more states will legalize online poker.
FAQs
As of the start of 2023, seven states offer state-regulated online poker: Nevada, Delaware, New Jersey, Pennsylvania, West Virginia, Michigan, and Connecticut.
It depends on where you’re playing, as some sites specialize in a specific variant. The most common poker variants are No-Limit Texas Hold’em, Pot-Limit Omaha, Seven-Card Stuf, Razz, Omaha Hi-Lo, 2-7 Triple Draw, and Five-Card Draw.
Most states require players to be at least 18 years old. However, it may differ depending on your state, so players should always double-check to make sure. Find out by clicking on your state above.
The most popular online poker operators in the United States are:
- Americas Cardroom
- Black Chip Poker
- Ignition Poker
- Bovada Poker
- Everygame Poker
- BetOnline
- SportsBetting.ag
In the states that regulate their own online poker offerings, the primary operators are:
- PokerStars
- WSOP/888poker
- BetMGM/partypoker
The legal gambling age in the U.S. is 21.
Some online operators have a standalone application that players can access through the app store on their phones. Players can access the poker room on their mobile through an internet browser if they don’t.
Yes. Under U.S. law, online poker is considered a form of gambling, and you must report those gambling winnings as income to the IRS when you file your taxes.
Yes, you can use a VPN to play online poker for security and protective measures, but we do not recommend using a VPN to try and trick the poker room into thinking you are playing in a legal state when you do not.
why can the state run a gambling with lotto .+but will not let handycap or disabld vets who can not get out to a casino to have a little fun/. play on line . they must not think very mutch of ther vets who are disabled because they fought for this country
We don’t understand it, either. Have you talked to your lawmakers about it? It sounds like they need to hear your story. (Thank you for your service!)