The United States has been a precarious place for online poker since 2011. Only a handful of states have legalized and regulated the activity, leaving thousands of poker enthusiasts looking for a. If you are playing poker for real money in a tribal casino, licensed commercial casino or approved charity event, then you can play poker for money legally in Michigan. As for home games, those appear to exist in a bit of a legal limbo in the state, but truly private games between friends where no one takes a cut or otherwise makes a profit from operating the game are highly unlikely to result in legal issues. For USA players, the good news is that there is no federal law prohibiting US players from creating online poker accounts and playing for real money online. When it comes to state laws, the picture is much cloudier. Many American states have outdated gambling laws that fail to directly address US poker sites.
- Is It Illegal To Play Poker Online For Money
- Is It Legal To Play Poker Online For Real Money
- Legal Online Poker Real Money
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.
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.
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.
Is It Illegal To Play Poker Online For Money
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)
(C) Copyright PokerWebsites.com, 2018
There are several common reactions to learning that a person is a professional poker player:
“Oh wow! That’s interesting!”
“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.
Is It Legal To Play Poker Online For Real Money
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.
Legal Online Poker Real Money
If you’re ready to play online poker, let’s get to it. We’ll see you at the tables!