The United States has a long history with poker going back to the 1800s when the game was played on riverboats and later during the gold rush by miners looking for an alternative to panning gravel.
Fast forward to today, and the US remains one of the biggest poker markets in the world. But it is not a homogenous market and while players in some states can enjoy real cash online poker, others are restricted. Below we list all the US states where you can legally play online poker for money plus five that have outlawed the game entirely.
States Where You Can Play Real Money Online Poker
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1. Nevada
Nevada was one of the first states to legalize online poker after the federal wire act was clarified in 2011 and state legislators saw an opportunity to generate revenue. Ultimate poker - which was acquired by MMA promotions company the Ultimate Fighting Championship (UFC) in 2009 - became the first site to launch in the state and for a while, operated exclusively. However, in 2013 WSOP.com launched and this sparked a healthy competition between the two operators. Unfortunately ultimately poker went bankrupt in 2016 and pulled out of nv leaving wsop.com to operate alone. This left players with a single option but at least they still had options unlike players in other states. In 2018 WSOP.com NV and WSOP.com NJ linked their player pools to create the largest online poker ecosystem in the us. Limit holdem and pot limit Omaha are the only games allowed and there is no rakeback offered by wsop.com which sets its rake level at 6.5% with additional charges if you see a flush. Deposit options include credit cards, ACH transfer, payzs and cage transactions at land based caesars entertainment casinos. Withdrawals are processed via mail check, ACH transfer or cage transaction. Pros:
- Secure and reputable operator.
- Linked player pools with NJ & DE.
- Fast withdrawals from Atlantic City cage.
Cons:
Bet365 Casino NJ Free Spins No Deposit + 50 Offer & All Games - Indivisible Gaming- Only no limit holdem and pLO allowed.
- No rakeback or frequent player rewards.
4. Alaska
The Alaskan Gambling Control Commission regulates gambling within the state and although it considers online gaming illegal, it doesn't prosecute players who use online poker sites. Therefore technically it's possible to play online poker for real money in Alaska. Pros:
- No reported prosecutions of online poker players.
- Easy to deposit using cards or vouchers.
- Good selection of software via phone/tablet.
Cons:
- No specific laws regulating online poker.
- Risk of federal prosecution under Wire Act.
3. Arizona
The Tribal-State Compact allows tribal casinos to offer class II slots and limited table games. There is no mention of online gaming and like Alaska, there are no reported attempts to prosecute online poker players. Pros:
- No reports of players being prosecuted.
- Good deposit options available.
- Secure and reliable withdrawal processing.
Cons:
- Vague laws leave game legality unclear.
- No specific provision for online poker.
Delaware
Delaware was one of the three states that passed full ring game legislation in 2012 and was the first to go live with 888poker in 2013. However, without a second operator signing up, traffic on the site dwindled to the point 888 decided to merge Delaware's player pool with New Jersey in 2018. This revitalized the industry and delivered more games and higher prizepools to players in the first state to legalize online poker. Like Nevada, Delaware is limited to no limit holdem and pot limit Omaha but does offer some frequent player rewards and a modest rakeback system. Deposits and withdrawals are processed securely and customer support is easily accessible. Delaware is safe for online poker players and will hopefully inspire other states to legalize the game and increase competition. Pros:
- Well established operator in 888poker.
- Linked player pool with NJ.
- Reliable payment processing and support.
Cons:
- Limited game types and variants.
- No tax deductions for losses.
New Jersey
New Jersey was another early adopter of online poker and gambling legislation and created one of the most liberal and lucrative industries in the US. Several big brand operators got licenses in NJ including partypoker US which is owned by GVC Holdings. This injection of experience and ambition revived what was a stagnant market in the US and helped raise standards across the board in terms of software, security and service. Other highlights include a wide range of deposit and withdrawal methods, solid security and a varied selection of games including mixed games and daily tournaments. Various operators are linked which means a large network of players and prizes and this will grow even further as more states legalize the game. For now, new players are treated to plenty of welcome bonuses and frequent players can expect loyalty schemes and rakeback. Pros:
- Multiple licensed operators.
- Well established brand in Partypoker.
- Best software, security and support in the US.
Cons:
- Lower overall traffic than before Black Friday.
- Some banking restrictions in state.
Pennsylvania
Like Michigan, Pennsylvania passed the iGaming bill in 2017 but it wasn’t implemented until 2019. During that time, politicians debated the finer details of the law and established a licensing process for operators. By the time pitfalls like responsible gaming measures and tax rates were agreed, it was early 2019 before anyone could apply for a license. PokerStars was the first to do so and by the time it had been granted, several months had been lost. The site finally went live in November 2019 and was followed by 888Poker in the summer of 2020. Global Poker has also been operating in a grey area of the law and offering Pennsylvanians an alternative to the big two. These developments mean traffic on the site is increasing and players have access to more tournaments and games than at any point since 2015. Welcome bonuses and loyalty schemes soften the blows of relatively high rake (10% flat) and there are many secure ways to deposit and withdraw funds from your account. Pros:
- Two licensed operators and many legal sweepstakes.
- Strong regulation and player protections.
- Solid deposit / withdrawal options.
Cons:
- High rake of 10% which stops you grinding.
- No tip confidentially tracking.
Michigan
Around six years after the first US states began experimenting with real cash online gaming, Michigan joined the party in January 2021. Like other states, it opted for a regulatory model and issued licenses to existing operators with a presence at its land based casinos. As a result, PokerStars and 888Poker went live almost immediately, while a rebranded Roar Digital (BetMGM/Partypoker) is expected to follow soon. Although this injected some much needed life into the player pools, traffic has yet to reach the levels seen in NJ/NV/DE/PA. When it does, the fact Michigan is linked to those states should help boost activity. Global Poker has also begun accepting members from Michigan and while it operates in a legal grey area, it’s been doing so without incident for a few years now. One unique selling point of the site is it accepts PayPal poker deposits and the site has a fun, friendly vibe that may appeal to novices. However, serious grinders may be put off by the lack of rakeback and the fact MI only has no limit holdem and pot limit Omaha. Pros:
- Four licensed operators with one coming soon.
- Legal sweepstakes games at Global Poker.
- Wellregulated industry with responsible measures.
Cons:
- Small player pools at Global Poker/other sites.
- No non-NLHE games allowed aside from PLO.
States Where You Cannot Play Real Cash Poker
Although most states in the US turn a blind eye to online poker, there are a handful that don’t just ignore it but actively work against it. If you live in one of these states, you won’t be able to find any legal online poker rooms and playing on offshore poker sites could constitute a criminal offense. Of course, laws are open to interpretation and some people may choose to ignore them. However, doing so exposes you to hefty fines, prosecution, and the fact you’ll probably be playing on an inferior platform with no protection or recourse. Our advice is simple: if your state is on this list, don’t play online poker. Instead wait for the legislature to catch up with the times and legalize the game or look for alternatives such as and free play money poker apps.
1. Georgia
Despite being home to one of the biggest land-based poker events in the US (the World Series of Poker ringside at the Bass Pro Shops), Georgia is one of the strictest states when it comes to online gaming. The official stance is that all forms of online gambling are prohibited and the law, GA code section 16-12-100 makes it clear that “no person knowingly accept from any other person any bet or wager on any game, race, sports contest, or any other event.” This law refers to betting and wagers, but some legal experts interpret it to mean all forms of gambling, including poker. And because it would be unconstitutional for the state to carve out an exception for poker, the door to legal online poker in Georgia is firmly shut.
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2. Idaho
Idaho is another state that explicitly mentions poker when outline its anti-gambling statutes. According to ID Code § 18-101, it’s unlawful for anyone to “knowingly deals, or offers to deal, any card or causes any card to be dealt, on any table, counter or other surface” for “money, property, any share, right, title or claim of such money or property” with anyone other than the house. Like Georgia, some legal experts believe this includes poker and, therefore, online poker is also prohibited. Local authorities seem to agree and have taken a hardline approach to online gaming in general. So, if you want to play online poker for money, don’t use offshore sites. Wait for the legislature to change the law or move to another state.
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3. Kansas
Kansas is another anti-gambling state that has taken action against companies offering online poker and other forms of remote gaming. Under K.S.A. 21-371, it’s unlawful for any person to “make available to the public … any device, machine, paraphernalia, equipment, network, software or product … for use in connection with … gambling.” This law has been used to target sports betting, DFS, and other digital industries. Based on our research, no judge or juror has specifically ruled that this law applies to online poker. However, until the statute is challenged in court or the legislature amends it, it’s best to assume poker is included and avoid playing on offshore sites.
4. Mississippi
We were surprised to see that Mississippi has a totalitarian view of online gaming and, in particular, online sports betting. Seeing as the state took sports betting in 2018, after the PASPA verdict, you’d think it would be progressive when it came to online gaming. However, local lawmakers have taken the opposite path and made it illegal for any company to offer any form of remote gaming. House Bill 967 makes it clear that “No remote gaming permitted; penalties.” and “This section shall be enforced under the Miss. Code of 1972, Section 97-23.”. Section 97-23 are the state’s wire acts and these specifically make it illegal to use telecommunications equipment like phones and computers to place bets or play games of chance. Until this law changes, there will be no legal online poker site in MS.
5. Washington
Initially, we thought RCW 9.46.240 made it illegal to play online poker for money in Washington. This revision of the state’s wire act stated it was unlawful for anyone to “make or promote unlawful bets or wagers” using “telephone, telegraph, mail, common carrier, computer service, or any other communication facility”. However, the revised law was introduced in 2006, before the boom year of 2008-2011 and, therefore, was never designed to address online poker. We reached out to the Washington State Gambling Commission to confirm whether the law applied to card rooms like Pacific Poker Club and Cripple Creek Card Room but received no response. However, none of the clubs advertise online satellites or host online extensions, so they may have their own interpretation of the law. If you want to play online poker, we advise waiting for clarity or moving to another state.
Why Aren’t More States Offering Licensed Poker Rooms?
With the exception of Washington, it seems the consensus among state governors and legislators is that online poker is something they need to regulate rather than ban. And, to be fair, this shift in perspective was necessary after years of exponential growth that peaked in 2006. Back then, the market was essentially unregulated and open to abuse from rogue operators and unscrupulous individuals. Children were able to access real money gaming accounts, unlicensed sites disappeared with players’ bankrolls, and cheating was rife due to a lack of security and regulation. Something had to change and, unfortunately, the UIGEA forced everyone’s hand. Even though the 2006 act was designed to hit the banks, online poker operators and their customers knew the score. As a result, a mass exodus occurred and dozens of businesses and millions of players quit following President Bush’s signature.
However, over the past ten years, the industry has changed. Firstly, major brands like PokerStars showed that it was possible to run a world-class business that puts safety, security, and regulation at the forefront. This not only attracted more players but also highlighted how much revenue could be generated for good causes like the state of New Jersey. Secondly, as technology advanced, self-exclusion tools improved and it became possible to block players under the age from accessing sites. Thirdly, scandals became few and far between as operators worked with governments and law enforcement agencies to root out cheats and ensure everything was above board. All these factors contributed to a maturation of the industry that’s still ongoing. Finally, a series of Supreme Court cases challenged the Federal Wire Act and, in 2011, the Department of Justice concluded that this law only applies to sports betting. This allowed states to begin offering their own regulated betting products and some, like New Jersey, took the feds to court over PASPA ( Professional and Amateur Sports Protection Act). The NJ DOJ ultimately won that case and, in 2018, paved the way for multi-state online poker.
So, why aren’t more states offering their constituents safe places to play online poker? Well, there are some notable ones that have legalized the game. However, the reality is that only a dozen states have gone through the lengthy process of passing iGaming bills and issuing operators licenses. The reason for this slow progress is politics. Passing a bill isn’t simply a case of getting a majority vote in state congress or senate. Each state has its own version of government and some even allow voters to decide on gambling matters in a referendum. Beyond the logistics of how to get a bill approved, there are plenty of topics that need to be addressed. How old do you have to be to play online poker for real money? Should operators have to pay a flat licensing fee or a percentage of their revenues? Do you need a physical casino license to offer online poker? What safeguards are in place to prevent problem gambling? How will the tax revenue be spent? These questions take time to answer and, in some cases, new laws need to be drafted. Overall, the process can take at least a year from start to finish and that’s if everything runs smoothly.
Potential Roadblocks to Licenced US Poker Sites
Unfortunately, the process isn’t always smooth. There are various interest groups that can slow down or stop the advancement of real cash online poker. Existing Brick & Mortar Venues: Many of the roadblocks are put up by brick and mortar casinos. You may think that land-based venues would welcome online extensions that drive traffic to their brands. However, many casinos spent a lot of money obtaining licenses and investing in properties. Therefore, they see online gaming as a potential threat and try to restrict it in various ways. An example of this is in Maryland where a 2018 bill intended to legalize online poker and casino games failed to pass. According to reports, existing casines opposed the bill because they didn’t want more companies offering gaming options. Problem Gambling Organizations: Another group that sometimes tries to halt online poker bills are problem gambling organizations. On paper, these bodies are dedicated to protecting vulnerable people and helping those affected by problem gambling. However, in practice, many of these associations seem more concerned with eliminating all forms of gambling than actually helping problem gamblers. The weird thing is that well-designed online poker sites have some of the lowest problem gambling rates. This may be because games cost money to enter as opposed to being a source of free entertainment, like slots and sports betting. But nevertheless, some problem gambling groups paint all forms of gaming in a negative light and often cite outdated information and statistics. Thankfully there are enough forward-thinking legislators, governors, and lobbyists to overcome these obstacles. Bills usually include provisions for responsible gambling, problem gamblers, and self-excluded players. Some even contain liquidity sharing clauses that enable multi-state player pools and, therefore, stronger traffic and better revenues. Further reform may be necessary in the coming years to address issues like tax rates and licensing fees. But as of 2021, the future of legal online poker looks bright.
Can You Get in Trouble Playing Online Poker in the US?
State lotteries and charitable games are exempt from federal gambling laws, but poker and other commercial gaming products aren’t. As we’ve discussed throughout this guide, each state gets to decide what to do about poker. Most of them turn a blind eye to offshore sites and prosecute locals for breaking any internal ordinances they have. However, as we’ve seen in the past, the FBI and DoJ do have the power to crackdown on certain companies or types of poker. For example, after the 2006 UIGEA, the US government launched “Operation Bot Net” in 2007 and charged individuals working for Absolute Poker, UltimateBet, and Full Tilt. This culminated in , PokerStars stopping American players from withdrawing their bankrolls, and a mass exodce of operators. Since 2011, the DoJ’s attitude towards online poker changed again and again. At one point, it seemed all online poker was banned under the Wire Act. Then, in 2018, the DoJ changed its mind again and took the view that the Wire Act only applied to sports betting. This opened the door to legalization at state level and prompted governors to sign iGaming bills into law. Current Attorney General, Merrick Garland, appears to support the 2018 opinion on the Wire Act. However, this could change at short notice. As we’ve seen over the past 15 years, the DoJ can initiate prosecutions against online poker sites and players at any time.
Can Police Track Online Poker Players in the US?
The main tool the DoJ has in its locker is the Wire Act of 1961. Initially intended to target organized crime rings using telephone boxes to place illegal bets, the act was updated in 2006 to cover telecommuncations like the internet. This led to the Unlawful Internet Gambling Enforcement Act (UIGEA) (part of the SAFE Port Act) being signed into law by President Bush. The UIGEA didn’t make it illegal for Americans to play online poker but it did make it illegal for companies to knowingly accept their payments. This created a roadblock that stopped most offshore sites from serving the US market. However, a few companies, like PokerStars, continued to find ways to accept American players and processes their deposits and withdrawals. They did this by setting up complex payment processes and not advertising their services in the US. Effectively this gave Americans a way around the UIGEA but left them in a gray area of the law. Could the police track them down and prosecute them? Yes. Did the police have the resources to track down every single American poker player? No. Have there been examples of Americans getting in trouble for playing online poker since 2006? A couple. The most prominent case was Isaac Haxton. He was playing at Bovada when agents turned up at his doorstep. According to reports, he wasn’t charged with anything to do with online poker, but there were warrants out for his arrest on separate matters. Overall, the risk of getting in trouble when playing online poker for real money in the US is low. But it hasn’t been zero.
Is It Illegal to Host an Underground Game?
Hosting an underground poker game is different to playing on an offshore site. Facilitating home games within state lines is mostly illegal unless you obtain the correct licences and permissions. However, home games are rarely shut down and hosts tend to get away with a warning and a slap on the wrist. Your chances of avoiding prosecution depend on the vigilance of local officials and whether the game is openly advertised or attracts undesirables. Basically if it stays small scale, private, and doesn’t become a nuisance, it will probably fly under the radar.
What are the Penalties for Playing at Unlicensed US Sites?
If you break any local ordinances and get caught, the penalty will vary depending on the laws in your state. Generally, the first offense results in a warning and the confiscation of your money. Subsequent offenses could lead to heftier fines and even criminal charges.
Casinos in Florida, USA - Top Lists, Gambling Facts, Map & GamesCan the IRS Take Your Winnings?
The IRS can only take your winnings if you receive a 1099-G form and fail to declare your income and pay taxes on it. Every online poker site is required by law to report players’ winnings if they exceed a certain threshold. This threshold varies from site to site but tends to be anything from $5,000 to $6,000. If you win less than the threshold amount in a calendar year, you won’t receive a 1099-G form. It’s then your responsibility to keep track of your earnings and pay tax at a later date.
Some players choose not to declare their winnings and hope the IRS doesn’t find out. This worked for years and many professionals famously refused to pay tax on their poker income. However, things have changed in recent years. The IRS now uses sophisticated algorithms to scan winning players’ transaction logs and spot potential tax dodgers. Once a player is identified, the IRS sends a letter requesting a full disclosure of their poker earnings. If they receive a 1099-G form but fails to declare their income, they’ll face fines and potentially criminal charges. The only way to avoid this scenario is to accurately record your wins and losses, use quality poker software, and seek the advice of a certified accountant.
Do You Need a Social Security Number to Play US Online Poker?
Yes. All licensed US poker sites require you to submit the last four digits of your Social Security number (SSN) prior to making your first withdrawal. If you don’t have an SSN, you won’t be able to join the site. This rule extends to ITIN holders. The only exception is if you’re married to someone with an SSN. In this instance, you may be able to use their number to verify your identity.
History of US Online Poker Laws
The history of US online poker laws is tumultuous to say the least. Way back in 1961, the Wire Act was signed by JFK in an effort to curb organized crime and communications networks. The act made it illegal for anyone involved in a “wire communication facility” to “knowingly use a wire communication facility” to “place” or “recv a bet or widge” or assist in any way.
There were no specific references to online poker or gambling in general. However, when the Professional and Amateur Sports Protection Act (PASPA) was introduced in 1992 and again in 1993, lawmakers added a section known as the Unlawful Internet Gambling Enforcement Act (UIGEA). This section was designed to complement the Wire Act and, ultimately, PASPA by restricting players rather than operators. In other words, it wouldn’t be illegal for a company to offer sports betting or online poker but it would be illegal for a US resident to place bets via the internet.
When PASPA failed to stop citizens from betting online, the ball was set in motion for the UIGEA to come into effect. However, instead of introducing a straight-up ban on sports betting and online poker, lawmakers attached the UIGEA to a sweeping security bill known as the SAFE Port Act. The SECURE Port Act was designed to improve border security and aviation security in response to the 9/11 attacks. It sailed through Congress and was signed by President Bush in October 2006. From that day onwards, it was illegal for anyone in the US to participate in an unsanctioned poker game that was advertised. Basically, offshore poker sites had to find ways to serve America without marketing directly to residents.
That worked for a few years and major brands like PokerStars, Full Tilt, and UltimateBet served hundreds of thousands of US players. However, when Obama asked PokerStars not to resist federal efforts to force the company to stop serving Americans, the writing was on the wall. Today it’s generally accepted that the only way to offer legal online poker in the US is to obtain a license from individual states. There are currently 10 states that offer real money online poker rooms and dozens more games like blackjack and roulette.
FAQs
Is real money internet poker in the USA legal?
Yes, it is legal to play online poker for real money in some states. These states issue licenses to trusted online poker sites that meet strict regulatory standards. Offshore poker sites that don’t have state licenses are technically illegal but many Americans use them without incident.
Can you play Texas Holdem on US poker apps for money?
Texas Holdem is the most popular variant and virtually all US poker sites feature No-Limit Holdem games, tournaments, and cash games. There may also be some fixed limit tables and sit & go games.
What is the legal poker age in the US?
Each state that offers legal poker sites can set its own age limit. In general, you have to be between 21 and 25 to play at brick & mortar casinos, and at online poker rooms that mirror their licenses. However, in some states, you can play online poker at sites with a vendor license and be 18+ or 19+.
Can you win real money on US poker apps?
Yes, you can win real money on US poker apps if you’re physically located inside a state that offers legally licensed websites. You will need to be 21 (unless 18/19, see above) or over and have already created your account.
Which US state generates the most revenue from poker?
Pennsylvania generated $64.8 million in poker revenue between 2019 and 2021. New Jersey earned $109.1 million over the same period, and that’s despite having a head population of around 9 million people. Combining their player pools, these two states have links to seven online poker sites, and they currently lead the way when it comes to revenue.
Why are some US poker rooms not available in all states?
Online poker sites in the US need to obtain a license from state regulators in order to operate legally. These licenses are expensive and time-consuming to obtain, so some companies have chosen to partner with local cases and only apply for one license. Alternatively, some sites, such as Global Poker, operate as virtual sweeps games companies and are available in 47 states.
How to collect winnings from US online poker sites?
Collecting winnings from US poker sites is easy. Simply head to the cashier page, select your preferred withdrawal method, and enter the amount you wish to withdraw. Remember to complete ID checks beforehand and choose a secure method wherever possible. Secure options include cash cages at linked casinos, bank transfers, and checks.
free online games slotsAre offshore poker sites legal in Florida?
Offshore poker sites aren’t legal in Florida. It’s an ambiguous area of the law and, technically, playing poker online can only happen at the Seminole Hard Rock Casino’s digital extension. However, nobody has ever been prosecuted for using offshore sites and many Floridians use them without incident.
Is playing poker online from California allowed?
Yes, World Poker Tour and its selection of tournament games is available statewide. Additionally, Californians can use offshore poker sites like Bovada and BetOnline, although these platforms don’t offer the highest standards of regulation and security.
Can you play global poker in the US?
Vault Poker (doing business as Global Poker) is a sweepstakes site that allows US players from most states to take part in Texas Holdem games, tournaments, and cash games. You purchase packages of Gold Coins to access games and receive free Street Credits every 24 hours.
