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Where Is online Poker Legal in the US: Can I Play in my State?
This comprehensive guide dives deep into poker state laws, providing you with all the essential information you need to play your favorite card game with confidence. Navigating the legalities of poker can be tricky, but here we’ll break down the regulations for both live poker and the exciting world of online poker, state by state.
In this page, we will go over:
- Poker and Gambling Laws by State
- Federal Online Poker Regulation
- Interstate Online Poker Sharing
- Latest Legal Online Poker News
- Which US States are Most Likely to Legalize Poker
Stay informed about current legislation, pending poker bills, and the evolving landscape of gambling laws across the nation.
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
Is Online Poker Legal in the US?
Yes! As of the start of 2024, eight states (Nevada, Delaware, New Jersey, Pennsylvania, West Virginia, Connecticut, Michigan, and Rhode Island) regulate their own igaming industries, and several of them also offer trustworthy site options.
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, and online poker may join the fray in 2024.
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. However, PokerStars was the only one to have connected its Michigan site to another state (New Jersey) at the beginning of 2024.
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 may consider bills in the future.
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 and 2024, State Senator Addabbo encouraged full igaming instead of just online poker, but both bills appear to have failed again.
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, put igaming on the table in 2023 with its own proposal submitted to lawmakers to regulate online casino games and poker. It passed, and online casino games may launch in early 2024. Online poker’s future is possible but uncertain due to a small state population.
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. WV did sign the multi-state poker agreement in late 2023, though no online poker sites have yet come forth with the intention to launch there.
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.
Ready to Play Online Poker?
Which States Have Legalized Online Poker in the USA?
Since the 2011 DOJ decision clarifying the 1961 Wire Act, states have had the authority to legalize and regulate online poker and casino games as desired. This led to several states choosing to do so several years ago, with Pennsylvania following along in 2018 as the fourth state.
To achieve legal status in the US, online poker sites navigate a complex landscape, with no federal regulatory system for internet gaming. The 2011 US Department of Justice ruling on the Wire Act leaves the decision for legalization and regulation to each state. The legal status varies across states, with differing requirements such as partnering with a land-based casino, making it crucial for poker sites to consult legal advice and comply with individual state laws and regulations.
West Virginia legalized iGaming, including poker, in 2019. Connecticut and Michigan both followed. More states continue to debate the issue and examine bill proposals each year, but only Rhode Island has authorized state-licensed online poker since then.
#1 – First State to Legalize Online Poker – Nevada
As the first state to legalize online poker, Nevada continued its tradition as a trailblazer in gambling. The law became official in February 2013, though the Nevada Gaming Commission began drafting regulations in December 2011, just one month after the DOJ decision regarding the Wire Act.
Ultimate gaming was the first company to launch online poker for residents of Nevada in April 2013 via a partnership with Station Casinos. WSOP launched its online poker site in September 2013 with Caesar’s casinos. South Point then launched its site, Real Gaming, in February 2014 but never gained any traction or enough players to be a viable competitor. Ultimate Poker then left the market in November 2014, with WSOP the only internet poker site continuing to operate today.
Revenue numbers and statistics are not available for much of Nevada’s online poker history because regulations stipulate that there are not enough sites to warrant the distribution of that information.
#2 – Delaware Legalizes Online Poker in 2013
Legislators in Delaware weren’t going to get left in the dust regarding online poker regulation. The state legislature leaped into action soon after and legalized online poker and casino games in June 2013. The Delaware Lottery dictated laws, and online casino games launched in October 2013, with internet poker close behind in early November 2013.
All three of the state’s racinos – Delaware Park, Harrington Raceway, and Dover Downs – share an online poker network powered by 888poker. Revenue for the online poker sites started with $348K in the first full year of 2014, increased to $392K in 2015 after joining forces with Nevada in an interstate shared online poker partnership and slowed somewhat in 2016 with revenue of nearly $376K.
Revenue continued to grow at a slow but steady pace until 2023. The Delaware Lottery allowed its contract with 888 to expire and opened bidding for a new platform provider for poker and casino games online. The end of the year saw a deal with Rush Street Interactive, which will first relaunch casino games in early 2024. Rush Street’s acquisition of Run It Once Poker provides the poker base for Delaware’s new poker product, but there was no indication as to a launch date at the beginning of 2024.
#3 – New Jersey Launches its First Poker Site in 2013
New Jersey was the first state of the initial three to consider online gambling. Its legislature passed a bill to legalize internet poker and casino games in January 2011, even before the DOJ’s Wire Act decision, but Governor Chris Christie vetoed it. Christie’s concerns were addressed in a new bill passed overwhelmingly by the legislature in February 2013, and Christie signed it. The industry was authorized to operate for a 10-year period, at which point it will be examined for a possible extension.
The online gaming sites launched in November 2013, and a brief testing period led to open sites for all people within the borders of New Jersey. Ultimate Gaming and Betfair were two of the original sites that failed to prosper enough to continue doing business, but 888poker and WSOP merged their sites to compete with Borgata/PartyPoker. PokerStars eventually earned a license and launched its site in September 2015.
#4 – Pennsylvania Regulates Online Poker in 2017
After several years of states being unable to pass online gaming legislation despite significant efforts, Pennsylvania accomplished the feat in late 2017. The legislature passed a comprehensive gambling expansion package in October, including the legalization of online poker and casino games. Governor Tom Wolf signed it into law in the first week of November.
The Pennsylvania Gaming Control Board took much longer than expected to finalize its regulations and issue licenses for online casinos and poker sites. Still, several sites did obtain licenses to offer both. As a result, several online casino sites went live in mid-2019, but poker operators remained silent until November neared. At that point, PokerStars announced its plan to launch during the first week of November.
In 2020, PokerStars operated online poker without competition. It wasn’t until 2021 that WSOP/888poker and BetMGM/partypoker launched poker sites in Pennsylvania. The end of 2021 showed more than $32.4M in online poker revenue, which increased slightly in 2022 to $33.7M.
Surprisingly, Pennsylvania did not join Michigan in signing MSIGA in 2022 or 2023.
#5 – West Virginia Joins the Party in 2019
In late March of 2019, West Virginia officially passed a law to legalize and regulate online gaming, including online poker. West Virginia is a relatively small market with an estimated population of just under two million people. Still, it could be a significant market if it’s allowed to share player pools with other states. The West Virginia State Lottery is responsible for devising the regulations, accepting licensing applications, issuing licenses, and overseeing the new internet gaming industry. By the end of 2019, the lottery’s director and a delegation had traveled to Pennsylvania to discuss online gaming.
Despite developing all of the necessary regulations and issuing licenses to online operators for online casino games, West Virginia saw no operator apply for an online poker license. The major poker sites were waiting for WV to sign the MSIGA, as the West Virginia poker market is too small to justify the cost of launching poker sites in that state alone. WV did sign the agreement in late 2023.
#6 – Michigan Legalizes Online Poker in Late 2019
Michigan lawmakers had worked to legalize online poker for several years. Now-former State Senator Mike Kowall started in 2017, and State Representative Brandt Iden joined his efforts. In 2018, the duo made progress by passing their Lawful Internet Gaming Act through the House first and then the Senate late in the year. During the week before Christmas and after a few amendments, the bill passed by a wide margin and went to then-Governor Rick Snyder for his signature. But instead, he vetoed it on December 28, 2018.
Several months into 2019, and after Kowall retired, Iden partnered with State Senator Curtis Hertel Jr. to introduce another set of Lawful Internet Gaming Act bills. It soon became apparent that new Governor Gretchen Whitmer had concerns about online gambling taking money away from land-based gambling revenues that benefited Michigan students. Iden rebuffed a counterproposal from Whitmer for internet gambling options, and a standstill ensued.
In December 2019, however, Hertel stepped in. He was able to work with another lawmaker representing Whitmer’s views to work out a compromise-laden bill to amend the original one. That bill sailed through the legislature with the promise of the governor’s signature, and she did sign the bill on December 20.
PokerStars moved quickly and launched its online poker site in Michigan in January 2021. BetMGM followed several months later, while WSOP waited to launch its online poker service to Michiganders until March 2022.
Later in the spring of 2022, Michigan Governor Gretchen Whitmer signed MSIGA to allow poker sites to join their player pools across state lines with New Jersey. Delaware and Nevada signed the agreement as well, but those states each have only one operator, which is 888poker/WSOP. PokerStars immediately got to work and launched its combined Michigan-New Jersey site on the first day of 2023. BetMGM and WSOP have yet to launch combined sites as 2024 begins.
#7 – Connecticut Welcomes Online Poker in 2021
In May 2021, the Connecticut legislature passed a comprehensive gambling expansion bill that included sports betting and igaming, including online poker. Governor Ned Lamont then signed the bill into law at the end of May, making it the seventh state to authorize state-licensed online poker in the new US market.
Online casino operators began launching online casino games in October of that same year, as sports betting went live at about the same time. Online poker, however, received no applications for licenses. That has remained the case into 2024, with no operators expressing an interest in launching online poker. money if West Virginia signs the MSIGA to share player pools with other states.
Connecticut’s legal framework grants the Mohegans and Mashantucket Pequots a monopoly over online casino games, including poker. As a result, the state is restricted to accommodating only two online poker sites. Despite this regulatory environment, Connecticut currently faces the absence of any active online poker platforms.
#8 – Rhode Island Legalizes iGaming in Late 2023
Bally’s Corporation, which is based in Rhode Island, lobbied for a bill to legalize online gaming through its two land-based casinos – the only ones in the state. In 2023, Bally’s went so far as to write its own bill and work with lawmakers to pass it. That happened in late 2023.
The new law provides the option for Bally’s to develop, license, and offer online casino games, sports betting, and online poker. Most of the products will be available online in early 2024, though there has yet to be a mention of online poker.
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.
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.
UIGEA: What Did It Do?
5 Several years before the DOJ decision, the US government passed the Unlawful Internet Gambling Enforcement Act, also known as UIGEA. It was attached to a must-pass piece of legislation in 2006, the SAFE Port Act, by Republican Representatives Jim Leach and Robert Goodlatte, who previously authored a similar bill. They attached anti-online gambling language to the SAFE Port Act, and fellow Senators Bill Frist and Jon Kyl pushed the bill through the Senate. The bill passed with port security as an essential issue, and President George W. Bush signed it into law.
Essentially, the UIGEA prohibited gambling companies from accepting or initiating “restricted transactions” through internet wagering. Financial institutions were then required to block such transactions pertaining to wagering on any “game subject to chance,” which was written to include online poker and casino games. Players would not be prosecuted under the law.
Congressman Barney Frank introduced the Internet Gambling Regulation, Consumer Protection, and Enforcement Act in 2009 to counter the UIGEA and provide for regulations instead of prohibiting online gambling. Still, the bill failed to garner the necessary support for a vote. And the federal government has yet to legalize online poker.Black Friday and the Chaos that Ensued
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:
This became known as poker’s Black Friday.
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.
Poker Sites Involved
All companies but PokerStars folded and left players without access to their online funds. However, PokerStars worked quickly to agree with the US government to pay millions of dollars in fines, and those funds were used to repay the victims of the other online poker sites.
Over nearly three years, $114.5 million was paid to 45,180 former Full Tilt players, and that process concluded at the end of 2016. In 2017 alone, former UB and AP players were contacted for reimbursement opportunities, and by the end of November, approximately 12,000 players were paid a cumulative total of $37.5 million.
For more information about Black Friday and its consequences, visit online poker history in the United States page.
Wire Act – Implications of 2011 and 2018 Decisions
The Federal Wire Act, also known as the Interstate Wire Act of 1961, was the primary law enacted to specifically address sports betting and wagering across state lines using wire communication. It was initially passed to stop the spread of gambling by organized crime syndicates, and it served its purpose until online gambling became a factor and challenged the law’s applicability to bet over wireless internet. And eventually, a request by New York and Illinois put the Wire Act up for reconsideration, as the states wanted to use the internet to sell lottery tickets via out-of-state transaction processors.
2011
In 2011, the US Department of Justice rendered a legal opinion changing the scope of the Wire Act. The conclusion noted that “interstate transmissions of wire communications that do not relate to a ‘sporting event or contest’ fall outside the reach of the Wire Act.” This decision changed the Wire Act to pertain only to sporting events, not other forms of gambling like lotteries or online poker. In addition, it gave every state the right to choose how to regulate and legalize online gambling, except for sports betting, should they so choose.
2018
#4 In 2018, the DOJ under the Trump Administration issued a new memorandum to change the application of the Wire Act again. The new interpretation tried to reverse the 2011 decision but merely muddied the waters and created an ambiguous online gaming environment. It jeopardized the future of all online lotteries, internet poker, and online casino game industries.
The New Hampshire Lottery Commission and its online platform provider, NeoPollard, sued the US Justice Department and then-US Attorney General William Barr in 2019 to overturn the latest Wire Act memo. Its lack of clarity and jeopardization of many states’ revenue streams required legal action. New Hampshire took it on, with supporting briefs from many other states.
The US District Court did, in fact, overturn the 2018 opinion, and the First Court of Appeals upheld that decision after the DOJ filed an appeal. The 2020 Appeals Court decision prompted speculation of a US Supreme Court request, but the new DOJ under Attorney General Merrick Garland in the Biden Administration chose to let the decision stand and not appeal to the Supreme Court.
The 2011 memo relegating igaming and online lottery decisions to individual states became the national precedent once again.
RAWA – Attempts to Reverse 2011 Wire Act Decision
The Restoration of America’s Wire Act, also known as RAWA, was an attempt to reverse the 2011 DOJ decision regarding online gambling as restricted by the Wire Act. Several members of Congress have introduced this bill or similar versions of it since 2014 in the hopes of restoring the original meaning of the Wire Act and banning online gambling on the state and federal levels. Unfortunately, all attempts through 2017 by Senators like Lindsey Graham and Diane Feinstein and Representatives like Jason Chaffetz and Charlie Dent have been unsuccessful.
There has been strong opposition from the private sector. The billionaire casino mogul Sheldon Adelson has pumped millions and millions of dollars into fighting online gambling. Adelson, who owns the Las Vegas Sands Corporation, launched the Coalition to Stop Internet Gambling in early 2014 as a lobbying group to push for the passage of RAWA.
All efforts to date have been thwarted, including one most recently when newly-appointed US Attorney General Jeff Sessions was forced to recuse himself from issues related to the Wire Act and online gambling because of his ties to Adelson. Adelson passed away from long-term illnesses on January 11, 2021. While he’s no longer alive to continue waging the battle against online gaming, many of the institutions he laid the groundwork for still exist.
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 were 36 states plus Washington DC that had legalized sports wagering, with eight others in the process of considering bills. To date, 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.
Poker History in the US
Gambling runs deep in the United States. The US even raised funds to fight the revolutionary war through lotteries and raffles. After that, lotteries were prevalent among early settlers, and New Orleans became the gambling center of the country in the mid-1800s. However, it wasn’t until the 1900s that states began legalizing bingo for charitable purposes, and Nevada led the way in legalizing gambling in the 1930s. Poker was always a big part of gambling lore but took on a lie of its own in the late 1990s and early 2000s.
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.
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.
West Virginia
In late 2023, West Virginia finally signed MSIGA, which finally gives operators the option to launch online poker there and immediately connect it to sister sites in Michigan, New Jersey, Nevada, and/or Delaware. There will be some indication in 2024 as to interest from any poker providers.
Connecticut and Rhode Island
Connecticut and Rhode Island are also likely to sign on to MSIGA in the future. Both states have markets 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, BetMGM and/or Run It Once Poker via Rush Street 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 2024?
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. New York, Indiana, and Illinois were amont the other states that failed to move bills forward in their respective state legislatures in 2023.
The list of 2024 possibilities includes the above states, as well as Maryland, Iowa, and New Hampshire.
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.
FAQs
As of the start of 2024, eight states offer state-regulated online poker: Nevada, Delaware, New Jersey, Pennsylvania, West Virginia, Michigan, Connecticut, and Rhode Island.
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!)