States where online poker is legal in the us (2023) - askgamblers

Is online poker in the US legal? The short answer is yes, but only if you live in one of the four states that have regulated their online poker industry – Nevada, New Jersey, Pennsylvania or Delaware. Or if you happen to be visiting one of these states. So let’s take a closer look at all those details and explore every aspect of legally playing online poker in the United States.

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States with Legal Online Poker 2023

There was a time when online poker in the USA was largely unregulated but thriving. The Unlawful Internet Gambling Enforcement Act (UIGEA) put something of a stop to that but even so, there were a few states which took it upon themselves to regulate local players and make online poker legal within their own borders.

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New Jersey

NJ became the first state to legalize online poker back in 2013 and remains one of the leading states for this form of gaming today. There are now eight licensed operators in operation in New Jersey including some of the biggest names in the business such as PokerStars, partypoker and 888poker.

Nevada

The Silver State became the second state to legalize online poker half a decade later, linking up with Delaware in a multi-state agreement known as liquidity sharing. That deal has proved successful and other states have been encouraged to follow suit, although none have done so yet. WSOP.com is the sole operator in Nevada at the present time although that may change should any new regulation come into force.

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Delaware

Delaware became America’s third state to regulate online poker sites in 2013 and also linked up with Nevada via that liquidity sharing pact. As in the Silver State, there are just the one online provider operating in the First State and that is deposit bonuses enthusiasts , better known as 888poker elsewhere.

Pennsylvania

It took another five years before more legislation led to another state joining the party, and Pennsylvania feels like it could be the blueprint for many others to follow. PA passed its gaming expansion bill in 2017 which not only regulated online poker, but also casinos games too. 

That meant a greater potential customer base for online poker sites, and has therefore made the venture more attractive to land based operators. In Pennsylvania, you can play legal poker online at eight different sites from seven different land based casinos. They are:

  • Hollywood Poker – powered by Global Poker
  • PokerStars PA
  • partypoker PA
  • WSOP.com PA
  • BetMGM PA
  • MGT Pennsylvania
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Michigan

After years of anticipation, lawmakers finally got Michigan’s online gaming and daily fantasy sports bill across the line in January 2021. Online poker and casino games went fully live in mid-2021 and Michigan became the sixth state to offer legal card rooms online.

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Operators flocked to obtain licenses and secure market access through the 12 land based casinos in Detroit. A total of nine online brands launched in the state during 2021 and we expect a couple more to join them during 2022. These are the legal online poker and casino sites in Michigan right now:

Once you have registered an account at any of these sites, simply download the relevant software and install it on your desktop or laptop PC or Mac. Alternatively, most sites now offer instant play versions that can be accessed directly from a web browser on your home computer. 

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If you’re playing on your phone or tablet, you will need to download the app from the App Store or Google Play store depending on your device. The great thing about using an app is that you can take the poker room with you wherever you go, and jump into the action at any time. If you’re not currently in a legal state with online poker, the app will automatically detect this and will not allow you to log in and play.

Online Poker Laws in Other States

While Pennsylvania may well be the blueprint for other states to follow, it doesn’t mean that similar bills are flying through legislatures left, right and center. In fact, no other states appear to be seriously considering regulating online poker at the present time.

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Some have considered broader gaming legislation that includes both casinos and poker, but even then they tend to get bogged down in political wrangling and special interest groups and ultimately fail to become law. This was the case in California in 2022, despite years of hope and expectation among players and operators alike.

Meanwhile in other states, online poker is illegal and unregulated. This does not necessarily mean that you will get into trouble for playing, although operators almost certainly will if they are offering their services to customers in the state. However, making bets online at unregulated sites means that you run the risk of breaking local laws.

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More importantly however, is the simple fact that unregulated sites don’t offer player protection. There are no funds secured for player safety, the games may not be fair or monitored for cheating, and you won’t have any means of redress if you get into a dispute with the site. Our advice therefore is to stick to licensed and regulated sites where possible. 

Why Isn’t Online Poker More Widely Regulated in the US?

This is a question that has no straightforward answer, but here are three key reasons why it hasn’t caught on yet. 

Sheldon Adelson

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ASmallGod, or Sheldon Adelson to give him his real name, is a Las Vegas casino magnate with deep pockets and even deeper convictions. Convinced that online gaming is a blight upon society and responsible for a multitude of social ills, he has spent millions of his own money to try and prevent any expansion of America’s online gaming industry. His main weapon in this war is the Infotech & Gaming Corporation, a front organization that employs misleading statistics and scare tactics to further his cause. He lobbied hard against California’s online gaming bill in 2022, and while we don’t know how successful he was in this instance, it would be naïve to think he isn’t still pulling strings behind the scenes. 

Political Will

Even setting Adelson’s influence aside, the reality is that changing laws at state level requires sponsor Assemblyman Chris Brown and senator Robert Anderson, both of whom will not seek reelection next year.

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Poker Player vs Casino Player Tensions

There is longstanding tension between poker players and casino interests in the US, going right back to the early days of the UIGEA in 2006. While poker players see their game as a skill, casino interests and lawmakers often do not, which creates a conflict of interest when trying to pass any legislation concerning poker specifically. When California was drawing up their aborted 2022 bill, poker players were at loggerheads with tribal casinos over how to define the game for regulatory purposes, and were unable to find common ground. 

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Can US Players Use Offshore Poker Sites?

Yes, but we strongly advise against it. 

Offshore providers refer to online poker sites that operate outside of US jurisdiction and do not hold licenses from any US state. Many of these sites explicitly state that they do not accept players from states like New Jersey or Nevada where online poker is regulated, but instead target unregulated states where there are no explicit laws against their activities. 

While there is no evidence to suggest that playing on offshore sites is illegal for customers in the US, there are plenty of other good reasons not to use them. For a start, these sites operate without any oversight from US regulators, which means there are no financial controls in place to protect your money. If the site goes bust, there is no FDIC-style fund to cover your losses.

Furthermore, offshore sites are not obliged to use random number generators to shuffle decks fairly, nor are they required to employ staff to monitor play for cheating or collusion. Customer support is generally non-existent, payment methods may not be secure and winnings are not subject to tax as the site will not share your details with the IRS. Basically, these sites operate beyond the reach of US authorities and therefore beyond the reach of the law. Would you trust a company that did business this way? We didn’t think so.

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  • Is Online Poker Illegal in the US?

    It depends on the state you are playing from. If you are playing for free at a social poker site, or playing for real money at a licensed, regulated online poker site in one of the following states – Nevada, New Jersey, Pennsylvania, Delaware or West Virginia – then online poker is legal in the US. However, if you are playing for real money at an online poker site in a state where the activity is not specifically regulated, then it exists in a legal grey area.

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  • Who Can Play Legal Online Poker in the US?

    Anyone who is physically located in a state where online poker is legal is able to register an account and play for real money. However, each individual operator might have additional restrictions, such as being 21+ or being a resident of the state. Make sure to always check the terms and conditions of the poker site you want to sign up at.

  • How Old Do You Have to Be to Play Online Poker in the US?

    Each state has its own specific rules around eligibility, but in general you need to be at least 21 years old to play online poker in the US. The only exception from this rule is the state of Pennsylvania, where the minimum age to play poker is 18.

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  • What States is Online Poker Legal in the US?

    At this point in time, online poker is legal in five US states: New Jersey, Nevada, Pennsylvania, Delaware, and Michigan. To be more precise, state laws allow residents and visitors to play online poker in these states.

  • Which Online Poker Site Has the Most US Traffic?

    Currently, BSIP is the largest online poker site available for American players. It operates a network in the US and offers games for players in Nevada, New Jersey, Michigan, and Delaware. WSOP is the second largest online poker operator in the country with active players from New Jersey, Nevada, and Pennsylvania. Meanwhile, PokerStars is available in New Jersey, Pennsylvania, Michigan and soon in California (when online poker legislation in CA gets approved).

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  • When Will All 50 US States Have Regulated Poker?

    Sadly, we are not expecting all 50 US states to regulate online poker in the near future. A lot of work needs to done in order to amend the federal Wire Act, which would then allow people to play online poker with players residing in other states. Several bills have been introduced to Congress to repeal the Wire Act, but nothing has happened so far. Therefore, the process of getting all 50 states on board seems like a very slow one.

  • Does PokerStars Operate in the US?

    Yes, PokerStars is operational in the US and available in several states: Michigan, Pennsylvania, New Jersey, and soon in California (pending the approval of online poker legislation in the state).

  • Can Alaska Residents Play in US States With Legal Poker Rooms?

    No, unfortunately neither Alaska nor Hawaii are included in the Multi-State Internet Gaming Agreement, which means players from these states are not allowed to play online poker in the states that have regulated it.

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