Is Online Poker Illegal In Washington State
The legality of online poker in the United States varies according to your jurisdiction. Contrary to what some sources might have you believe, no federal law specifically forbids online poker. State laws, on the other hand, might or might not, depending on the state. Only one state (Washington) has a specific law explicitly forbidding online poker, while only Delaware, Nevada and New Jersey have legalized and regulated it.
Our goal is to provide the facts about where you can play poker online legally in the United States. You should know up front that our site isn't run by lawyers or anyone with any kind of governmental authority. If you need actual legal advice, you should contact an attorney. The information provided here is for educational and entertainment purposes only. We're not responsible for anything that happens based on your use of the information here.
That being said, the information here is accurate and reliable to the best of our knowledge.
Washington is probably the most unpredictable state on when they will legalize and regulate online poker; it’s currently a Class C Felony. The only legitimate site accepting poker players from Washington is BetOnline. VISIT SITE Video Review – Our Review “Reviewed by Chuck Humphrey – 50 year Gaming Law Practitioner”. Online Gambling in Washington. Online casinos and poker sites are prohibited by some of the strictest laws in the nation in Washington. Senate Bill SSB 6613 was passed in 2006 for the purpose of clarifying Washington’s stance on participation in unlawful internet betting.
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Washington State
We thought it would be a good idea to get this out of the way right away. It is illegal to play poker online for money in the state of Washington.
The state of Washington passed a law in 2006 making online poker a felony. Full Tilt Poker and PokerStars responded by no longer offering services to residents of that state, but they continued to operate in the rest of the country. If you live in the state of Washington, it's a crime to play poker online for money. In fact, it's a serious crime. Our advice to poker players in Washington state is to not play poker on the Internet.
We don't know why the state of Washington has taken such a draconian stance against Internet poker, but if you live there, it's probably best not to play, even if you can find a site which would accept you as a player.
Games of Skill vs. Games of Chance
The amount of controversy surrounding whether or not it's legal to play poker on the Internet in the United States is strange, especially in light of the similarities between the game and the free market system, which is one of the cornerstones of the American way of life. Poker is even commonly called 'America's card game.' Expert players consider it a mind sport. Even the general public considers poker a sport; that's why it's the subject of televised events on ESPN, a TV channel that specializes in sports programming and reporting.
In August, 2012, Judge Jack B. Weinstein, a federal judge in Brooklyn, ruled that poker is predominantly a game of skill rather than chance. The reasoning is that the money doesn't flow to the luckiest players at the table, at least not in the long run. In the end, the most skilled players win the most money. The skills used in poker include reading other players, concealing your own intentions, and evaluating the odds that your hand is the best.
According to Judge Weinstein, 'The most skillful professionals earn the same celestial salaries as professional ballplayers.'
Of course, this doesn't mean that playing poker doesn't constitute gambling, at least not colloquially. What makes a game 'gambling' is the activity of betting money. Skill becomes a consideration from a legal standpoint, though. In many jurisdictions, contests of skill are treated dramatically different from games of pure chance.
You might be the best poker player in the world, but on any given hand, you face an element of risk. The same holds true for other bettors who use skill to get an edge. Blackjack card counters, expert video poker players, and skilled sports handicappers all sometimes lose.
The Interstate Wire Act of 1961
Does the Wire Act make online poker illegal?
The Interstate Wire Act of 1961, sometimes called 'the Federal Wire Act', was passed in September, 1961 in an attempt to thwart organized crime.
In 2005, the Justice Department sent threatening letters to Internet publishers and broadcasting companies, including Google, Yahoo, and Infinity Broadcasting. Their contention was that accepting advertising from companies involved in online gambling was 'aiding and abetting' illegal activities. They used the Interstate Wire Act as justification for this.
In December, 2011, The Justice Department reversed their position, stating that the Interstate Wire Act of 1961 only applies to sports betting, not to poker.
So the short answer, until the Supreme Court rules otherwise, is no, the Wire Act does not make online poker illegal.
The Unlawful Internet Gambling Enforcement Act of 2006
Does UIGEA make online poker illegal?
The Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA) was passed as part of the Safe Ports act. The law made it a federal crime to accept payments connected with illegal Internet gambling. It did not define 'illegal Internet gambling', and since the Wire Act only applied to sports betting, no federal law makes it illegal to play poker on the Internet for money.
So the short answer again is no, UIGEA does not make online poker illegal unless state laws make it illegal (which they seem to do in the vast majority of the states).
As a practical matter, though, UIGEA has made life harder for online rounders. Some companies, including Pacific Poker, Paradise Poker, and Party Poker, stopped accepting real money players from the United States. Other companies, including Full Tilt Poker, PokerStars, and the Cereus Poker network, continued to accept players from the United States. Eventually, even those companies had to capitulate to the prevailing anti-gambling sentiment from the current U.S. governmental regime.
Black Friday
Did the events of Black Friday make online poker illegal?
In 2011, an estimated 2 million Americans played online poker for money on a regular basis. On Friday, April 15, 2011, The Justice Department eliminated most of this play when it shut down the three most trafficked poker sites (Pokerstars, Full Tilt Poker, and the Cereus Network) with charges of money laundering and fraud. The US government contended that the companies had violated UIGEA, but the poker companies operated under the understanding that online poker wasn't illegal and therefore didn't constitute a violation of the act.
The Department of Justice not only seized control of the websites for the three companies, they also froze the assets in 76 bank accounts in 14 countries. Both civil and criminal charges were filed. In July, 2012, the U.S. government dismissed 'with prejudice' the civil complaints, but not the criminal indictments. PokerStars and Full Tilt Poker settled without admitting wrongdoing. As part of the settlement, PokerStars bought Full Tilt Poker.
No, the events of Black Friday didn't make online poker illegal, but they had a chilling effect on the actual play. The industry still hasn't recovered, but there are reasons to be optimistic.
The Poker Player's Alliance
The Poker Player's Alliance (PPA) was founded in Washington D.C. in 2005 as a non-profit political advocacy group to protect the rights of poker players in the US. Their goals include overturning UIGEA and passing legislation legalizing and regulating poker on the Internet. From their about us page, their mission is as follows: 'The PPA's mission is to establish favorable laws that provide poker players with a secure, safe and regulated place to play.'
Multiple bills have been proposed in Congress to amend UIGEA with an exception for online poker and other skill games but none have passed. We encourage the civic-minded members of our readership to visit their site, consider donating, or use their other resources to write to the lawmakers who represent them in the government. If it is the will of the people, safe and regulated online poker can become a reality sooner rather than later.
Delaware, Nevada, and New Jersey
Three states, Delaware, Nevada, and New Jersey, have passed laws explicitly legalizing and regulating online gambling.
Delaware taxes the first $3.75 million of online gambling revenue in a year at 100%, which means that casinos need to generate a tremendous amount of activity to earn any money from online gambling activities. To legally gamble online in Delaware, a player must be of gambling age and operate their computer (or smartphone/table) within the state. The online poker market there is correspondingly small as a result, but state officials are confident that revenues from online gambling will grow as it catches on there.
Nevada has legalized online poker for two sites: UltimatePoker.com and WSOP.com. These two sites have exclusive rights to run online gambling in the state. As in Delaware, players must be of legal gambling age and operate their computer within the state. Nevada taxes online gambling revenues at the same rate (6.75%) as all other gaming revenue.
Websites offering online gambling in New Jersey are required to have a relationship with a physical casino within the state. They tax this revenue at 15% (compared to the 8% they tax their physical casinos). All gambling activities, including poker, are legal within this context, but revenues have been lower than expected. This disappointment is, at least in part, a result of credit card companies' lack of cooperation in processing these transactions.
These are not the only states where it's legal to play poker. They're just the only states to have laws on the books specifically legalizing the activity and regulating it. In the United States, an activity is legal unless a law prohibits it, so the lack of laws on the books in some states does not equate to the committing of a crime. At least nine other states have proposals to legalize and regulate poker on the Internet.
Can You Legally Play Poker for Money on the Internet in the US?
State laws vary. If you live in the state of Washington, playing poker online for money is a felony. In most cases, general state gambling laws make online poker illegal as well. To our knowledge, no one in the United States has been indicted or convicted of a crime related to playing online poker for money so far. This, of course, might change in the blink of an eye. We recommend that you only participate in online poker if it's legal where you live.
This is a guide for online poker players in the America who want to know where they can play online poker and when they might be able to play in their home states. For states where online poker is legal, this is a guide for US online poker room reviews, poker sites available in your area, deposit bonuses, and online poker announcements.
US online poker laws seem to be changing monthly since government attorneys announced that the Wire Act cannot be used to prohibit states from allowing online poker. Online poker rooms and online gambling sites are clamoring for state licenses, and the US online gambling landscape is going through a major change.
For a select few Americans, online poker is here already. Nevada, New Jersey, and Delaware are leading the United States into the billion-dollar-a-year industry, and many more states are looking to get into the game in the very near future.
By the end of 2015, as many as a dozen states could allow their residents to play on legal online poker sites. That number may be higher if a federal bill, the Internet Poker Freedom Act of 2013, is approved in 2014. But since the odds of that happening are less than hitting a one-outer on the river, all the online poker news concerning legislation is coming from individual states.
American online poker laws are about to go through drastic revision, and US online poker sites will pop up as the laws change. Laws are changing fast, and this guide promises to remain up to date on all possible movements concerning online poker legislation.
A brief overview of each state’s stance on online poker is below, but click through for a full update on the state’s online poker laws, and gambling laws in the state in general.
Alabama
Alabama doesn’t even have a state lottery. It’s home to some of the most morally strict policymakers in the country, so poker is not coming anytime soon. Read more ...
Alaska
Online poker legislation remains frigid in the great white north, but the game has a few fans who are elected officials, and although lawmakers resisted expanding almost any type of gambling in here, online poker has a chance. Read more ...
Arizona
Despite a thriving Indian casino industry — or more like because of it — lawmakers are being cautious with online poker. Also, the governor is a tough opponent of any type of gambling expansion, poker included. Read more ...
Arkansas
Online poker legislation may be far off, but unlike some of its neighboring states, online poker may come to Arkansas with a federal push. Read more ...
California
Online poker will come to California maybe as soon as 2014. A crowded industry split into three factions may delay action on online poker bills already submitted. Read more ...
Colorado
With a steady and strong push from its significant casino industry, online poker legislation is most likely forthcoming in Colorado sometime in 2015. The state is already studying the effects online poker would have. Read more ...
Connecticut
As its neighboring states start to allow their residents access to online poker sites, look for Connecticut to follow suit. As such a small state, it’s a prime candidate to contract with other states for shared player pools. Read more ...
Delaware
As of October 2013, online poker is completely legal, regulated, and live in Delaware. Read more ...
Florida
Two powerful casino forces — the racinos and Indian tribes — face off against a conservative state government intent on preventing gambling expansion. The governor has won the first round. Read more ...
Georgia
The official view toward poker here is as rigid as a Georgia pine. Poker is gambling, and gambling is bad in Georgia. Read more ...
Hawaii
Although one of the few states without any form of legalized gambling, Hawaii is rumored to be looking to get into the online-poker game. Read more ...
Idaho
Completely in the middle ground, there is no pending online poker legislation in Idaho. A grassroots effort would help here. Read more ...
Illinois
Online poker is being talked about by state officials. look for an online poker bill sometime in 2015. Read more ...
Indiana
With a conservative governor and minor casino industry, it’s going to take a political campaign by its online poker players to move online poker forward. Read more ...
Iowa
Since 2011, certain lawmakers have pushed for online poker legalization. Now with states going live, watch for Iowa to join the game in 2014 or 2015. Read more ...
Kansas
A significant political shift is necessary for online poker to even be considered in the Sunflower State. Read more ...
Kentucky
Now that the powerful horseracing industry has wedged itself into the multi-state casino industry, watch for online poker legislation to move fast once more states go live. Read more ...
Louisiana
An online poker debate should come to Louisiana in 2014, with significant movement in 2015. Online poker does face some opposition here. Read more ...
Maine
Brand new to the casino game, and with such a pretty face, Maine would make a lovely interstate online poker partner. However, it remains a wallflower. Read more ...
Maryland
With a healthy paranoia that it is missing out on the online poker industry, lawmakers began to push for it in 2013. Look for another push in 2014 and beyond. Read more ...
Massachusetts
Cautiously optimistic is how online poker players in Beantown should feel. Online poker won’t come there as quickly as it should, but it’s likely coming at some point. Read more ...
Michigan
A large casino industry will fuel the push toward online poker. State lawmakers seem to be wary, though. Read more ...
Minnesota
With a strong casino industry, it would seem Minnesota would be further along with online poker legalization than it is. It may catch up soon. Read more ...
Mississippi
An online-gambling bill failed to make it out of committee in 2013, but a multi-billion dollar casino industry will have a say. Read more ...
Missouri
Another state with a significant casino industry, but with no real movement toward online poker or gambling legalization. It will join the game sooner rather than later. Read more ...
Montana
Poker is considered gambling here, and online gambling was outlawed in the state in 2005. With no pending legislation, it may be awhile. Read more ...
Nebraska
Poker-playing multi-billionaire hedge-fund manager Warren Buffett lives here and he hates the thought of online gambling. Poker is sadly included in his categorization. Read more ...
Nevada
Online poker is legal in Nevada, and several rooms are live for real-money play. Read more ...
Is Online Poker Illegal In Washington State University
New Hampshire
For such a small state, New Hampshire has more online poker players per capita than anyone else. Still, there’s no pending legislation. Read more ...
New Jersey
Online poker and gambling is legal in New Jersey. Online poker will be available in November 2013. Read more ...
New Mexico
New Mexico's 20 Indian casinos will have a say in the legislation of online poker here. Tribes have threatened to stop payments to the state if it legalizes online gambling. Read more ...
New York
New York may very well be the fourth state to legalize online poker in 2014. It has the support of the governor, as well as many lawmakers. Read more ...
North Carolina
No real online poker push is coming from North Carolina. Check back once other states start to go live. Read more ...
North Dakota
This was once the first state to try to legalize online poker in 2005; the feds put an end to that. Online poker legalization is on the backburner. Read more ...
Ohio
A state late to the casino game, online poker legalization has a real chance in 2015 or 2016, particularly if Pennsylvania beats Ohio to the market. Read more ...
Oklahoma
This state allows tribes to operate online poker rooms, with one major caveat: They can only do business with people living in other countries. What a rub. Oklahomans will have online poker sooner rather than later. Read more ...
Is Online Poker Legal In Washington State
Oregon
Once California begins to offer online poker, watch for Oregon’s Indian casinos to begin applying pressure to lawmakers. They have shown to be a savvy lobbying group. Read more ...
Pennsylvania
With one scrapped bill that would have legalized online poker and gambling, be sure another will come in 2014. Although facing resistance in committee, online poker should be here by 2016. Read more ...
Rhode Island
A prime candidate to partner with Delaware. Industry insiders say a contract is in the works. Read more ...
South Carolina
The online-poker industry faces major resistance here. Any talks of gambling expansion are immediately quashed. Read more ...
South Dakota
Online poker isn’t on the lips of any lawmakers here. But with a strong Indian casino industry, look for that to change in 2014. Read more ...
Tennessee
A strong religious base makes it difficult to move online poker legislation anywhere. Like, harder than shoving a mule through keyhole. Read more ...
Texas
Home of the congressman behind the Internet Poker Freedom Act of 2013, several bills that affect poker, online and otherwise, currently reside in committees. Texas looks like it wants to finally acknowledge the game. Read more ...
Utah
Online poker players in Utah at least have Nevada just over the border. Other than that, Utah is a desert for online poker players. Read more ...
Vermont
The tiny state may be game to contract with Delaware, New Jersey, and/or Nevada and allow its residents access to online poker sites. Once more states allow online poker, watch for Vermont to follow. Read more ...
Virginia
Online poker players must hope for political change statewide in order to eventually access online poker sites. It has a law on the books that outlaws Internet gambling. Read more ...
Washington, D.C.
Online poker was set to come to its citizens in 2013, but politics played its part and it was delayed. Online poker will definitely come to D.C. eventually. Read more ...
Washington
The only state that criminalizes the online poker player, a grassroots movement stemming from that law is growing. Plus, Indian casinos are now in favor of legalization. Read more ...
West Virginia
State officials are most likely looking to contract with other states, probably Delaware. It may happen as soon as 2014. Read more ...
Wisconsin
The Indian casinos have yet to show their hand as to where they stand on online poker. There is no legislative chatter concerning online poker rooms. Read more ...
Wyoming
Lawmakers here are resistant to any form or gambling expansion, including online poker. If recent history is correct, online poker has a tough fight here. Read more ...