Is Real Money Online Poker Legal

Is Real Money Online Poker Legal 4,6/5 9567 votes

Real money poker gambling would fall under this category. Real cash poker betting players get off easy though. Participating in a home real money poker game of anything like Texas Hold’em poker, regardless of the atmosphere is not a criminal offense, in so long as the player is of an age that it is legal in ME to take part in gambling at. Is playing online poker legal in the United States? This is probably the question most commonly asked by new players. The short answer is yes, online poker is legal in the United States on the individual level.It’s certainly not illegal federally, despite many misleading statements over the years from government officials and those in favor of online gambling prohibition. Legal poker real money online play isn't just about finding other players; it's also about making the websites give you something in return for your valued patronage. Every legal poker US real money room worth its salt offers tasty welcome bonuses for new customers. Use them well and there's a real chance of earning some free cash, often 100 percent of what you deposit.

Home » US Poker Laws – State by State Reviews

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  1. Jan 02, 2020  Poker players are naturally curious about whether or not playing poker for real money online is legal under Texas law. Offering legal advice is not a function of this website (nor of anyone beyond legal professionals), but we can help you sort through the fundamentals of poker laws in Texas.
  2. Pennsylvania real money online poker is expected to “go live” in late 2018. Party Poker, 888 Poker and PokerStars will be in the mix, as there is no suitability or bad actor language that would prohibit the world’s largest poker site from participating in the Keystone State market.

The citizens of Texas shouldn’t fret about having access to internet poker or other forms of internet gambling, however, as there are a plethora of legitimate offshore poker sites offering their real money services to this great state. Not only do these sites offer Internet poker, but many of them also offer sports betting, casinos, and racebooks.


April 26th, 2018 Last updated on January 2nd, 2020
US Poker Laws – State by State Reviews
Last Updated January 2, 2020

It’s natural for online poker players in America to have questions about the legal considerations that go along with playing real money poker online. Not only do players have to be familiar with federal law as it relates to online poker and other forms of online gambling but also with the gambling law of each individual state in the US.

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. Our sole purpose is to give you, as a poker player, a stronger understanding of the fundamentals of gambling laws in your state.

Below, we’ve assembled a list of all 50 states. Click on any to be taken to 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 level.

Poker and Gambling Laws by State

Alabama: It’s certainly not a sweet home for gamblers, who face pretty stiff penalties on both the business and player side of the illegal gambling equation. Few regulated options, and likelihood of regulated online poker in near term is essentially nil.

Alaska: State gambling law does not directly handle gambling conducted online. General attitude toward gambling is restrictive, chances of expansion seem quite 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 directly addressed in state law. Poker 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 10 years before quitting after an especially frustrating 2016 legislative session. Many parties made concessions that made online poker appear possible, but a stalemate over a bad 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. Could be candidate for regulated online poker but lack of obvious support undermines potential. Very tough on unregulated gambling in general.

Connecticut: Tribal gaming is ruled by the Mohegan and Mashantucket tribes, and they want online poker and table games. Lawmakers have been trying to get it done, but the governor and others are concerned about a now-filed MGM lawsuit over an East Windsor casino.

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, which is connected via a multi-state online poker network with Nevada and New Jersey.

Florida: State 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: A very strict approach to any form of gambling underpins the state law of Georgia. Expansion of gambling on any level – live or online – is unlikely under the current law and political climate.

Hawaii: There is no legal gambling in Hawaii, and the state refuses to consider casinos or any type of online gambling or sports betting. Bills have been proposed and then quickly shut down.

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 less clear.

Illinois: After long embracing riverboat gambling, Illinois recently added video gaming terminals to its offerings and then land-based casinos in 2019. While the gambling expansion law was broad, it still did not include online poker and online casino games.

Indiana: The Hoosier State offers an above-average amount of regulated gambling – and as a result, has very strict laws on the books to deal with illegal gambling. Law does specifically address online casinos.

Iowa: A state that has been considering regulated online poker for several years, Iowa takes a middling stance on gambling that takes place 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 ways to gamble, online gambling does not seem likely to appear on that menu at any point in the near future.

Kentucky: Online gambling sites have been fighting with Kentucky since its former governor and the courts seized more than 140 gambling domains and also sued PokerStars. The hostility toward online gambling all but disappeared with that governor. His son, the state’s attorney general, is now fighting for legal online poker, sports betting, and land-based casinos in Kentucky.

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 it since 2018.

Maine: Nothing in state law provides precise guidance on the matter of playing poker online. Other types of poker legal under specific circumstances, but players do not appear to risk arrest regardless of legal status of the game they take part in.

Maryland: One of the more complex webs of state gambling law thanks to additional level of county law with regards to gambling. State has pursued multiple online gambling operators aggressively. Position on players less clear.

Massachusetts: This gambling-friendly state started seriously considering online poker and casino games in 2017, and its first land-based casino opened in 2018. Studies are pending as to economic benefits of internet gaming, and those results will determine the state’s future actions.

Michigan: Quite a bit of gambling is legal in Michigan, but lawmakers have been trying to legalize online gambling to go with it. The legislature approved it in 2018 but the then-governor vetoed it. Efforts to repeat the legislative success in 2019 are being stunted by the new governor, so the future is unclear.

Minnesota: Many ways to play poker legally in the state, but also many questions about how the law applies to gambling that takes place online. Law unclear both on the issue of Internet gambling in general and Internet poker specifically.

Mississippi: Law is quite clear on the matter of poker as a form of gambling; poker is included in the statutory definition of the term in Mississippi law. Some past rumblings regarding the regulation of online poker have – to date – amounted to nothing in the way of tangible action.

Missouri: Very severe punishments for all parties involved in illegal gambling. No part of the law mentions online gambling by name, nor have legislators shown interest in clarifying the law regarding online poker or other forms of online betting.

Montana: Big Sky Country is also home to some pretty big penalties for engaging in actions that the state considers to be illegal gambling. Online gambling is directly handled by Montana gambling law. Few poker options.

Nebraska: Arguably the least poker-friendly state in the U.S., at least by the letter of the law. Players should not expect any change in the status quo, as regulated online poker looks uniquely unlikely to advance in Nebraska.

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: Poker relegated to legal limbo thanks to vague definition of gambling on New Hampshire’s books. Online gambling exists in similar state by a literal reading of the law, which doesn’t meet the issue directly at any point. Regulation of online possible, but not uniquely likely.

New Jersey: As one of the pioneers of regulated online gaming in the US, New Jersey has seen more than $1B in revenue from those games in the last 5+ years. Success has spurred land-based casinos into profitable territory. Sports betting is now legal in NJ, too.

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 laws may still apply regardless.

New York: With a growing number of casinos, lawmakers have tried for many years to legalize online poker to go accompany them. Despite Senate support, however, the House has not been amenable. The effort to legalize online gaming diminished significantly in 2019.

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 likely, although not definitively, included in statutory definition of gambling.

North Dakota: Online gambling regulation could advance in the state in the short term, but is far from a sure thing. Current gambling laws are quite harsh in theory, and list of permitted gambling outside of directly regulated activities is narrow.

Ohio: As regulated gambling advances in the Buckeye State, so have the chances that online poker will join the list of explicitly endorsed gambling options. Many forms of poker already clearly legal in state, but unregulated forms could run afoul of Ohio law.

Oklahoma: Existing laws aimed at cracking down on sports betting may apply to wagering over the Internet, but that is but one of many conclusions you might reach after reviewing the law regarding gambling in Oklahoma. Chances for regulated online poker in near term are exceedingly slight.

Oregon: State takes 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 available in several land-based formats.

Pennsylvania: Years of consideration led to finally legalizing online poker and casino games in 2017, along with sports betting. Online casinos began launching in the summer of 2019 with online poker following shortly thereafter.

Rhode Island: Another US state with an excessive amount of vague definitions and statutes regarding gambling. Despite the lack of clarity, punishments for players appear fairly minor. Poker may or may not be treated uniquely from other forms of gambling.

South Carolina: Often employed as a poster child of sorts for the outdated – some would say antiquated – 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 explicitly illegal to operate an online betting website or similar business in South Dakota. What’s less clear is how poker players merely engaging 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 precise legal status for online gambling.

Texas: The state that lent its name to the most popular form of modern poker has little interest in or legalizing the game. Poker remains technically illegal, both online and live, but poker room operators have found loopholes and opened private poker clubs throughout Texas. Lawmakers have yet to address issues currently in courts’ hands.

Utah: The only state to decide to pass a law essentially forbidding any participation in any sort of federal online gambling network. Few – some would argue no – types of gambling can be conducted legally in Utah.

Vermont: State gambling laws reflect the larger 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 to be far less intense than the typical state.

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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. Future of online gambling in the state constantly in flux. Multiple regulated options for poker exist.

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West Virginia: After expanding land-based gambling with ease, lawmakers finally saw fit in 2019 to legalize online poker and casino games for regulation. Operators are expected to obtain licenses in 2020 and potentially launch their sites in 2021.

Wisconsin: Poker players can legally play real-money poker in a variety of ways. State law lacks absolute clarity regarding the online variant. Overall legal approach to gambling is fairly strict, thanks in part to protections built in for the state-approved gambling outlets.

Wyoming: Though last alphabetically, Wyoming is far closer to the middle of the pack on the issue of gambling. Statutes contain minimal penalties if you’re just a participant, but that’s not the same as saying “anything goes.” Few regulated gambling options available.

On this page we explain in basic format the intrinsic and extremely confusing laws bound to poker sites whom operate in the United States as a future poker player should know before playing. We differentiate between offshore and U.S. licensed operations as it pertains to poker players within U.S. jurisdictions. Please use these FAQ to help you get an understanding of the US poker market in 2018 as we head into substantial regulated poker in the US within the next few years. This page is updated each week as deemed appropriate.

– Is playing online poker legal in the United States?

– If online poker is legal to play, why was the passage of the Unlawful Internet Gambling Prohibition Act (UIGEA) so significant?

– What is the difference between regulated and unregulated online poker markets?

– What are my deposit options at an online poker site in a regulated market?

– What are my withdrawal options at an online poker site in a regulated market?

– How can I deposit at an online poker site in an unregulated market?

– How can I withdraw at unregulated online poker rooms?

– Why do some sites not allow players from certain states?

– What are some of the pros and cons between regulated vs. unregulated sites?

– I’m from a state that doesn’t offer a regulated online poker market, are unregulated sites safe? I’m worried about another “Black Friday.”

– What are the most popular games being played online?

– Is the unregulated poker market still viable for professional poker players?

Is playing online poker legal in the United States?

This is probably the question most commonly asked by new players. The short answer is yes, online poker is legal in the United States on the individual level. It’s certainly not illegal federally, despite many misleading statements over the years from government officials and those in favor of online gambling prohibition.

It can get a little tricky on the state level. Most states don’t have laws against online gambling, but in some states, such as Washington state, online gambling is a felony offense. Citizens can even be prosecuted for simply having online poker software on their computers. States that have laws against individual gamblers, like Utah and Louisiana, also criminalize online poker by default.

With that said, no one has ever been prosecuted on the national or state level for playing online poker. Even in Washington state, there have been zero online poker arrests. Even though these laws are on the books, no one is being arrested or prosecuted. So yes, it is safe to play poker from the US. Please see the referenced article for a complete article on safety and more here about getting scammed in poker.

Currently, online poker is legal and regulated in New Jersey, Delaware, Nevada, and Pennsylvania. Players in those states will have no issues playing on regulated sites in these states, but more on this later.

It’s always good to know your local laws and keep an eye on the news regarding online poker, but for the most part, players have nothing to worry about from a legal perspective when it comes to playing online poker.

If online poker is legal to play, why was the passage of the Unlawful Internet Gambling Prohibition Act (UIGEA) so significant?

Congress passed the UIGEA in 2006, and it was signed into law by then President George W. Bush as a rider on a Port Security Bill. As I mentioned above, the law had no affect on the legality of playing online as an individual, but it did criminalize offering online gambling services to US citizens.

After the bill was passed, foreign companies and offshore gambling operators faced federal prosecution for offering gambling sites to American citizens. Banks that processed payments relating to online gambling could also be prosecuted.

The UIGEA is still the law of the land today, but states got a green light to offer poker and casino gambling on the intrastate level when the US Department of Justice reversed their longstanding decision on the 1961 Wire Act in December 2011.

Though passed in 1961, the Wire Act had been used by the US government to justify (rightly or wrongly) that all forms of Internet gambling are illegal. The new opinion, published in late 2011, stated that the Wire Act only applied to sports betting. Nevada was the first state to pass an intrastate online poker law after the reinterpretation of the Wire Act.

What is the difference between regulated and unregulated online poker markets?

This is important to understand and something that players new to the game might not be familiar with when they choose a site. While several states have legalized and begun to regulate online poker, the vast majority of states have not yet done so.

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In states like Nevada, New Jersey, Pennsylvania, and Delaware, there is a blossoming regulated market with sites based within the state. The sites abide by local gaming regulations and pay taxes to the state government.

Unregulated sites are based outside the United States. Many are located offshore or in Central America but can be located just about anywhere. These sites do not follow US gaming laws and are violating the UIGEA by offering online poker to Americans.

One crucial aspect to remember is that players who are playing in regulated markets have recourse if their funds are lost or stolen or if they feel they have been wronged by an online poker room.

On the flip side, there is little that a player can do when an offshore or unregulated room makes a decision. Other than looking for public support through gambling watchdog sites or forums, players have little recourse and almost no legal standing.

What are my deposit options at an online poker site in a regulated market?

Deposit options will vary depending on the state, but the most popular method is toplay poker for money with credit card. Visa and MasterCard deposits are instant and come with no fees. Despite operating in a legal environment, many credit and debit cards are still being rejected, but this is expected to improve as merchant codes are added to signify legal gambling entities.

Other options include bank transfers (ACH) and eCheck deposits. Neteller and Skrill, online e-wallets that specialize in gaming payment processing, have also made their return to the US market in some states. PayPal re-entered the US online gambling market in 2015.

Another popular choice is depositing through the casino cage in person. Players simply have to go to their brick n’ mortar property and go to the casino cage to deposit into their online poker account. This may be a hassle for some, but this method has a 100 percent success rate.

Overall, regulated sites offer a much better assortment of deposit options than those in offshore, unregulated markets.

What are my withdrawal options at an online poker site in a regulated market?

Withdrawal options are similar to deposit options for those playing in regulated states. In most cases, the method used for deposit will also be used to process withdrawals back to customers.

Similar to deposits, options for withdrawals will vary depending on the site. Across most sites, the most common is withdrawal via check. Other options include bank transfer and e-wallet, if you used that method to deposit. Of course, you can also drive down to your casino’s cage and get a withdrawal right from the window.

In comparison to unregulated sites, withdrawals in regulated markets are universally free of charge. This is an important distinction, because those that play on offshore sites will be paying hefty fees for some withdrawal methods. Withdrawals are also processed much faster compared to their offshore competition. Most sites will process payouts within 24 hours and will offer faster overall speeds.

How can I deposit at an online poker site in an unregulated market?

Due to the sites in unregulated markets operating illegally in the United States, deposit options will be much more limited compared to those available at regulated sites.

However, like regulated sites, credit and debit cards are still the most popular option for withdrawals. Visa cards have the highest acceptance rate, but some sites will take MasterCard, American Express, and Discover cards. Those who have issues depositing with their personal cards can always go the Visa gift card route as those are available at just about every gas station around the country. Depositing via card is free in just about all cases, and deposits are credited instantly.

If you’re out of luck in terms of a credit card, the second-best option is to deposit via person-to-person transfer. This involves going to a Western Union or MoneyGram location (there are thousands of these around the US) and sending a transfer to a sportsbook representative. These come with large fees, but sites usually reimburse players if they deposit $300 or more. Once players send the transfer, their account will be credited with the funds within 24 hours or less.

Currently, there aren’t many other methods to deposit at most offshore rooms. Bank wire is an option for some sites, but it is generally rare. Bitcoin, a crypto-currency that has emerged in popularity in recent years, has gained a lot of traction.

How can I withdraw at unregulated online poker rooms?

Like deposits, withdrawal methods at offshore and unregulated rooms will be more limited compared to regulated sites.

Check by mail is easily the most popular method for withdrawal, but unlike regulated markets, checks will come with fees and are processed considerably slower. Some sites can get checks to players within a few days, but they normally take 1–2 weeks to reach players’ doorsteps.

Most US-facing online rooms do offer one free withdrawal via check every 30 days or once a month. Subsequent checks will come with fees, ranging usually ranging between $25–$70. Most of the checks are typically on the low end of that cost range.

Bank wires are available at many sites as well. These are usually processed about as quickly as checks (1–2 weeks) but perhaps slightly longer. It is rare that a site will offer a bank wire as a free monthly withdrawal method. Fees for this method can range from $50–$100, including additional charges by your bank for receiving the wire.

Person-to-person transfers are easily the fastest withdrawal method, but are also the most expensive. They are processed in just 48 hours or less and can be picked up at the thousands of Western Union and MoneyGram locations around the United States. However, fees range from $25–$180, depending upon the amount requested.

One method that has gained some traction at several US-facing rooms is a debit card withdrawal option. Players will receive a debit card via mail and will be able to withdraw funds from their poker account to the card. The debit card can be used at an ATM and to purchase regular goods and services. It works just like a regular debit card.

The debit card option will come with a small start-up fee, along with monthly maintenance and ATM fees, but it’s still an extremely strong option due to its convenience. Cashouts are processed to the card in 1–2 business days.

Why do some sites not allow players from certain states?

Well, for regulated, legal intrastate online poker rooms, state laws don’t allow them to accept players from other states. They can only operate on the state level, meaning players can only play for real money if they are currently residing in the state.

Offshore sites can accept players from any state they wish, but some have opted to bar players from certain states for various reasons. Most offshore sites have opted out of servicing players from Nevada, Delaware, Pennsylvania, and New Jersey due to the legal markets currently operating there. Others have stopped accepting players from states like New York, Kentucky, and Maryland. This is most likely because of state and federal lawsuits that have originated from those states.

What are some of the pros and cons between regulated vs. unregulated sites?

For one, these foreign operators pay little to no taxes, allowing the sites to best the vast majority of state-licensed rooms in terms of deposits and promotions. Many unregulated sites offer four-figure deposit bonuses, while the deposit bonuses on the intrastate level are around several hundred dollars.

Foreign operators also offer much larger player pools than state-licensed rooms. However, this is most likely because only four states have currently decided to regulate and tax online poker. New Jersey, Nevada, Pennsylvania, and Delaware are all relatively small states, and while player numbers are growing in all four, liquidity is the most crucial factor for these smaller markets. For this reason, unregulated sites offer better game selection and better availability of certain games.

Nevada, Delaware, and New Jersey have already agreed on an interstate compact, which has allowed the states to combine player pools to help liquidity.

I mentioned previously in this FAQ that players at offshore sites will have almost no recourse if they feel they have been cheated. They’re at the mercy of operators. This isn’t the case when it comes to regulated intrastate poker. Players will have the American legal system to protect them from fraud and will be able to take action in court if it comes to that.

I’m from a state that doesn’t offer a regulated online poker market, are unregulated sites safe? I’m worried about another “Black Friday.”

“Black Friday” refers to United States v. Scheinberg, a federal criminal case that centered on UIGEA violations against online poker rooms PokerStars, Full Tilt Poker, and Cereus (Absolute Poker and UltimateBet) and payment processors.

The case brought the US-facing online poker industry to its knees, as the sites were forced out of the country. PokerStars paid players within two weeks, but Full Tilt was later found to be insolvent. Players had to wait over two years to receive hundreds of millions in balances via remission from the US government after PokerStars bailed out the company from potential bankruptcy. Cereus customers were never repaid their balances.

Trepidation is justified when it comes to playing at unregulated sites, but after Black Friday, the sites have become more careful than ever when it comes to processing transactions. The seizures effectively ended the eCheck deposit method (other than for regulated sites), and US-facing rooms are now more clandestine when it comes to processing transactions.

Is there still a risk of fund seizure due to the Department of Justice’s war on foreign gambling operators? Absolutely, but it’s less likely at this point. With that said, it wouldn’t be wise to keep most of your net worth in an offshore poker room. Cashing out frequently if you’re a big winner is strongly suggested.

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What are the most popular games being played online?

No Limit Hold’em is by far the most widely played game across both unregulated and regulated sites. The game dominates cash and tournament play at all levels. Second in line is Pot Limit Omaha, which has a strong following at most sites.

Other games, such as Omaha Hi/Lo and Limit Hold’em, are hit and miss, depending on where you’re playing. Generally, these games will be more available in the evening, when there is more traffic.

Is the unregulated poker market still viable for professional poker players?

It’s certainly not what it was pre-Black Friday, or even pre-UIGEA, but US online poker markets are still excellent. There is money to be made at all games and limits, especially if players use proper game selection. Some as you can see have taken the land based live game route. See here for how much they make and what life is like, written by a real poker pro from Philly…

The vast majority of online poker rooms that service US players also double as casinos and sportsbooks. This brings in a never-ending supply of recreational gamblers, who wander over to the poker room after running up their balance at the casino or sportsbook.

Author:Joseph Falchetti (twitter)
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