There are several common reactions to learning that a person is a professional poker player:
“Oh wow! That’s interesting!”
Best Online Poker Sites
The US state gambling laws include a review of recent developments relevant to online poker players. The state pages on this site are updated often to reflect the most recent developments for legal poker. Jan 15, 2020 Play at the best poker sites online for real money with the reviews & rankings at Cardschat. Use exclusive bonus codes and read in-depth reviews about all of the best real money online poker. 5) Licensing at Legal Online Poker Sites for Real Money. Check the poker room has an online gambling license before depositing at any online poker real money USA site. After all, licensed legal online poker sites are required to adhere to the strictest legislation and operating standards.
“Have I seen you on TV?”
“Isn’t online poker illegal?”
This is the place to help address that last question.
When the United States Department of Justice issued a ruling on the Wire Act in 2011, it made clear that the law’s prohibitions did not apply to online gaming and lotteries. The reading of the decision clarified that each state in America could legalize and regulate online poker, casino games, lotteries, and other forms of online gambling as they deemed appropriate.
That opened the doors for Nevada and Delaware to legalize online poker, and New Jersey,Pennsylvania and Michigan followed in subsequent years. Other states have debated this as well and considered bills, with several states likely to legalize online poker in the coming year.
Online Poker Still Booming in America
There is no doubt that states can legally offer real-money online poker. The federal government has yet to take a stand on the issue because some people still consider poker a form of gambling rather than a game favored by skill. As legislators on the state and federal levels begin to learn more about the true skill-involved nature of poker, organizations are helping to inform them and push for bills that officially legalize the game.
One poker site, www.Betonline.com, has accepted player deposits for over 15 years because they are licensed to accept players in the all 50 states. Their stance is that poker is legal on the internet, and they are licensed for global jurisdiction. This is not a criminal matter, rather one of freedom and individual rights. So is BetOnline legal? Yes.
BetOnline isn’t the only site that operates in the USA either with Bovada.lv, Ignition and America’s Cardroom all accepting deposits from US players.
The Poker Alliance, former Poker Players Alliance (PPA), is the strongest lobbying force in the poker industry. The organization promotes legal live and online poker, ensuring that any lawmakers around the country who discuss any type of online gaming or sports betting also consider that online poker offers a bigger skill component and should be legal in the United States.
Poker Alliance is working closely with many states. Illinois, and Massachusetts are the states with pending legislation that could still pass in the near future. While those are the three states currently giving online poker the most serious consideration, others like New York, Connecticut, California, and Washington have advanced bills in the past and could easily do so again.
Is it Legal to Play Real Money Online Poker?
The answer to this a definite “yes,” as it is perfectly legal to deposit for online poker in USA, for all different types of poker games. Players in the United States are not in any legal jeopardy for playing poker online, and there have been no instances of the US government – or even state governments – trying to penalize players.
To the best of our knowledge, there are no federal laws that make it illegal to deposit or play online poker from the US. There are some states that have inserted somewhat harsh language about the operations of online gaming aimed at their residents, with Utah being the most anti-gambling state in America, but most laws are either convoluted or ambiguous at best.
Of course, we’re not attorneys, nor do we come from a legal background. Licensed and legal professionals should always be consulted when an actual situation arises in which someone may be (or feel they are) in legal jeopardy.
Specific State-by-State Laws
Alabama – Arizona – Arkansas – California – Colorado – Connecticut – Georgia – Idaho – Iowa – Kansas – Maine – Maryland – Massachusetts – Michigan – Minnesota – Mississippi – Montana – Nebraska – New Hampshire – New Mexico – North Carolina – North Dakota – Ohio – Oklahoma – Pennsylvania – Rhode Island – South Carolina – Tennessee – Vermont – West Virginia – Wyoming
Didn’t the US Ban Online Poker in 2006?
No. The US government did pass the Unlawful Internet Gambling Enforcement Act in 2006 (UIGEA for short), which made it illegal for banks and financial institutions to aid in the processing of “illegal” online gambling transactions.
Experts on this law have asserted that the bill itself did not create any new laws, and most believe it only complicated internet laws. The 2011 Department of Justice decision regarding the Wire Act ‘clarified’ it enough on the legal level, though, to say that the law does not apply to online poker and other forms of online gambling when the state allows those activities.
Later in 2011 the US Department of Justice indicted several sites that still operating incorrectly in the USA in a misguided move that is referred to as Black Friday by online poker players in the USA. Even Black Friday wasn’t enough to slow the steady growth of online poker in the USA and there are still plenty of options for poker players and organizations like the Poker Players Alliance are fighting to legalize poker in more states.
What About the Wire Act?
As noted above, the interpretation of the 1961 Wire Act was clarified by the 2011 DOJ decision, noting the law only pertained to sports betting, not other forms of online lotteries and gambling.
On top of that, the US Supreme Court ruled on a case that pitted the state of New Jersey against the National Collegiate Athletic Association (NCAA) and other professional US sports teams. The law in question was the Professional and Amateur Sports Protection Act, better known as PASPA, and the Supreme Court overturned that law to allow all states in America – not just Nevada – to legalize and regulate sports betting. This, in effect, renders the last part of the standing Wire Act irrelevant and unenforceable in the arena of states’ rights.
However, there is a danger to the Wire Act decision in its entirety. Casino mogul and billionaire Sheldon Adelson has made it his life’s mission to ban online gambling of all sorts in the United States. He has spent millions (at least) of dollars in supporting political candidates and lawmakers who are likely to overturn the 2011 Wire Act decision or simply pass a prohibition-style law to ban all online gaming. Of course Adelson has a lot to gain by restricting players so that they can only play in brick & mortar casinos.
The law that Adelson’s friends have tried to pass is RAWA, the Restoration of America’s Wire Act, but those politicians have had no success. Not only is online poker and gaming popular and the wave of the future, it is legal in four states already and more to come. To pass a law like RAWA or to overturn the Wire Act now would create a legal nightmare, as states would challenge the law in court and likely win.
The bottom line in the US is simple: States can legalize online poker, and several have done so. There are no laws specifically outlawing online poker.
Some, like Adelson, have challenged this and will continue to do so, but they are fighting a losing battle in a war of their own creation. You’ll probably see poker and sports betting legalized on a federal level in the next decade.
New State Laws Regarding Online Poker
Nevada took the first step to legalize online poker and paved the way for others to do the same. Delaware followed, legalizing online poker, along with lottery and casino games. New Jersey did all of this on an even larger scale. The latest to join the group was Pennsylvania, which passed its law in 2017 and finally launched regulated online poker in late 2019.
Michigan has passed online poker legislation but won’t launch until late 2020 at the earliest. Other states are seriously considering doing the same. Lawmakers in Illinois and Massachusetts are in the process of seeking final votes to pass gambling expansion bills that will allow casinos and racinos to partner with online poker and gaming sites to expand their businesses and produce additional revenue for themselves and the states. New York and California have been considering the same types of bills, with Connecticut, Louisiana, Washington, New Hampshire, West Virginia, and others starting to explore the issue as well.
These laws, as passed by individual states offer licenses to poker sites online to partner with land-based casinos and racetracks. Licensed poker sites may then offer games to players who are physically located within that state’s borders when playing, and there are many protections to ensure that the players are of legal age and aware of all responsible gambling resources.
The benefit to more states legalizing online poker is also that the states can sign contracts to join their online poker sites. A multi-state network has already begun, starting with Nevada and Delaware offering shared online poker liquidity and joint player pools, with New Jersey joining the network in the spring of 2018. It is very likely that Pennsylvania will do the same at some point in the near future.
What About Online Sportsbooks?
Sportsbooks actually have a lot in common with online poker in the way that they are perceived by legislators. Both games feature elements of luck and skill and both are incredibly popular.
Perhaps the biggest difference is that there’s been a lot more movement on the sports betting side of things with many states quickly moving to legalize and regulate sportsbooks in an attempt to cash in on the rampant betting on US-based leagues such as the NBA, NFL and NBA.
So, is it Legal to Deposit for Online Poker in the USA?
The answer is an emphatic yes. The laws may be confusing, but we tried to break down the individual components of those laws to make it easier to understand. And as things change, we will update these pages with the most current online poker information.
Even so, we recommend talking to a gaming attorney with any specific questions for your particular jurisdiction. In our eyes people are always going to want to play poker and no matter what restrictions lawmakers put in place there will always be a game running for people who truly want it. You can check our poker reviews to learn about potential places to play.
If you’re ready to play online poker, let’s get to it. We’ll see you at the tables!
- by Sean ChaffinJanuary 20, 2020
- by Sean ChaffinJanuary 7, 2020
- by Sean ChaffinDecember 30, 2019
- by Sean ChaffinDecember 13, 2019
- by Sean ChaffinDecember 11, 2019
Where can you currently play legal online poker in the US?
The following four states are the only ones to offer legal US online poker sites:
- Delaware
- Nevada
- New Jersey
There are some differences between the three regulated-poker states. Also, while Pennsylvania recently signed online poker into law, the state has yet to start running games. Pennsylvania is expected to launch in early 2019.
Nevadaonly permits online poker.
New Jersey and Delaware also spread casino games banked by the house. Read more about NJ online casino operators and soon to launch Pennsylvania online casinos.
Nevada, New Jersey and Pennsylvania allow the state’s brick-and-mortar casinos to operate online sites. In Delaware, the state lottery is the sole operator.
Finally, Nevada, New Jersey and Delaware have entered into an interstate online poker agreement. Players from the three states can compete against each other only on WSOP.com.
Background for legal online poker in the US
Legal US online poker sites debuted on April 30, 2013.
Ultimate Poker was the site that made history. Nevada was the first state to host fully legal online poker. Texas Hold ’em was the only game spread at Ultimate Poker during its first six months in business.
WSOP.com joined the Nevada online poker market on Sept. 17, 2013. The World Series of Poker’s online site brought the first games of Omaha, Omaha High/Low, Seven Card Stud and Seven Card Stud High/Low to Nevada.
WSOP.com now controls 99 percent of the Nevada market. This near-monopoly was caused by the shuttering of Ultimate Poker in November 2014.
Delaware was the second state to launch legal online poker. There is one network powered by 888. The state’s three racinos – Delaware Park, Dover Downs and Harrington Raceway – are skins on the Delaware poker network. Nevada and Delaware began pooling poker players in April 2015.
WSOP.com and 888 were the sites responsible for creating the first legal interstate online poker pool.
New Jersey became the third state with legal online poker on Nov. 21, 2013. There are currently three poker networks in New Jersey. One hosts Borgata and partypoker, the other has WSOP.com and 888 on it, and the third is made up solely of PokerStars NJ. All networks are about equal in overall size at any given point in time.
There were three additional poker platforms in New Jersey when the state launched regulated poker sites. 888 was originally a standalone site before it merged player pools with WSOP.com. Ultimate Poker was unable to gain more than 3 percent of the market share.
The Ultimate Poker site was shuttered on Oct. 5, 2014. The associated UCasino was also closed at that time. Betfair failed to attract any players and closed its poker site on Dec. 1, 2014. Betfair still operates an online casino in New Jersey.
After a long legislative battle, Gov. Tom Wolf signed a bill into law that legalized and regulated online gambling in the state of Pennsylvania on Oct. 30, 2017, making it the fourth state to legalize online gaming. The bill legalized online poker, online table games, online slots and daily fantasy sports. It also allowed for a number of other gambling expansions such as online lottery, tablet gambling in airports, video gambling terminals at truck stops and 10 satellite casinos. Players can expect to be able to play online poker in PA in 2019.
What other states are considering legalizing online poker?
Several states are actively considering regulating online poker:
- New York
- California
- Michigan
- Massachusetts
Of the list above, most experts consider New York to have the greatest chance of passing a bill.
Why should I choose legal poker sites?
One of the biggest advantages to playing online poker at regulated sites in Delaware, Nevada and New Jersey is that all player funds are just as safe as they would be at a licensed land-based casino in any of those states.
This is in contrast to offshore sites where poker players have a long history of seeing their funds held hostage or stolen altogether.
There are also ample deposit and withdrawal methods that are safe and secure.
Players can use Visa, MasterCard, electronic checks, bank wires, Neteller, Skrill, PayNearMe, prepaid card and cash at the associated licensed casino. Withdrawals are processed by electronic check, paper check, Neteller, Skrill, prepaid debit card and cash at the associated licensed casino. The method available depends on the state and participating site.
Finally, regulated sites undergo far more rigorous checks to ensure that games are fair and secure than unregulated sites.
Will the federal government ban online poker?
Federal law allows states to legalize and regulate online poker. This is specifically exempted from the Unlawful Internet Gambling Enforcement Act. A September 2011 Department of Justice opinion confirmed this and explicitly gives states the right to permit intrastate gaming.
There was an attempt in Congress to reverse this legal opinion. The effort was spearheaded by Sheldon Adelson, founder and CEO of Las Vegas Sands, the parent company of Venetian in Las Vegas.
Adelson’s lobbyists submitted the Restoration of America’s Wire Act (RAWA). The bill failed in 2016 and does not appear to have much support in this Congress. Libertarian groups, states’ rights activists, governors, state lotteries and most of the gaming industry have come out in opposition to RAWA.
Since then, Adelson and company have been working through other channels to head off online casino and online poker play. It is extremely likely that the group effected some degree of influence over the Department of Justice’s January 2019 opinion to reinterpret the Wire Act.
In that opinion, the DOJ essentially reversed its prior position on the statute to say that the law actually pertains to all gambling, not just sports betting. Needless to say, there were many parties in opposition to this opinion.
So far, the opinion has not found much success in court. A June 2019 ruling from a New Hampshire federal court dismissed the opinion from affecting that state’s lottery commission and an associated vendor. Only time will tell if the precedent will ripple out to other interested and/or affected parties.