Cliff Notes To State by State License Outlook
Please accept these cliff notes as a general guideline for your U.S. State outlook on licensed internet poker websites within your jurisdictional state.
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TX – UT – VA – VT – WA – WI – WV – WY
ALABAMA
Chance: 10% chance of legalization on the state level in 2018.
Legal Pros: Although there aren’t many legal pros to be found in Alabama on regulating internet poker, they have not passed any legislation making it illegal.
Legal Cons: Alabama’s law defines “chance” as; any contest, game, gaming scheme or gaming device in which the outcome depends in a material degree upon an element of chance, notwithstanding that skill of the contestants may also be a factor therein.
ALASKA
Chance: 5% chance of legalization on the state level by the end of 2018.
Legal Pros: There are no specific laws currently in place making it illegal to play poker over the world-wide-web.
Legal Cons: Voters of Alaska were asked in 2008 if they would approve a Gaming Commission to oversee gambling activities within the state, and they said they wouldn’t.
ARIZONA
Chance: 15% chance of legalization on the state level by the end of 2018.
Legal Pros: Arizona law is mostly directed towards individuals or organizations that operate or promote illegal gambling, not towards an individual person playing poker over the internet for example.
Legal Cons: In their statute section 13-3301, the definition of gambling states; one act of risking or giving something of value for the opportunity to obtain a benefit from a game or contest of chance or skill. Senator Jon Kyl of Arizona was the main representative of pushing the Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA) through the Senate.
ARKANSAS
Chance: 10% chance of legalization on the state level by the end of 2018.
Legal Pros: There is no law that directly mentions the playing of poker on the internet is illegal in the state of Arkansas.
Legal Cons: In Section 5-66-106 of their state statute it mentions “gambling devices – betting” as; it is unlawful for any person to bet any money or other valuable thing or any representative of anything that is esteemed of value on any game prohibited by ß 5-66-104. ß 5-66-104 mentions; it is unlawful for a person to set up, keep, or exhibit any gaming table or gambling device, which also includes adapted, devised, or designed for the purpose of playing any game of chance or at which any money or property may be won or lost.
CALIFORNIA
Chance: 35% chance of legalization on the state level by the end of 2018.
Legal Pros: There are multiple pieces of legislation for regulating poker online, and it should just be a matter of time until it’s passed.
Legal Cons: The bills are being somewhat stalled on getting passed mainly because the Indian tribes, poker card rooms and horse race tracks within the state cannot seem to agree on a plan that is fair for everyone involved.
COLORADO
Chance: 25% chance of legalization on the state level in 2018.
Legal Pros: Colorado is very liberal and often giving with controversial issues, such as legalizing marijuana which they passed. It might just be a matter of time before they change their stance on regulating internet poker and incorporating it into their laws.
Legal Cons: State statute Section 18-10-102(2) could include online poker as an illegal form of gambling in Colorado since it includes the verbiage “gambling device” depending on how the law is interpreted.
CONNECTICUT
Chance: 15% chance of legalization on the state level by the end of 2018.
Legal Pros: At this time there are no positives within the state of Connecticut on regulating and taxing poker over the internet.
Legal Cons: Section 53-278a of Connecticut law specifically mentions poker and states the following: risking any money, credit, deposit or other thing of value for gain contingent in whole or in part upon lot, chance or the operation of a gambling device, including the playing of a casino gambling game such as blackjack, poker, craps, roulette or a slot machine.
DELAWARE
Chance: 100% chance, legislation has already been approved.
Legal Pros: Interstate poker has been passed in the state.
Legal Cons: There are no legal cons since legislation has been passed.
FLORIDA
Chance: 25% chance of legalization on the state level by the end of 2018.
Legal Pros: The state has multiple forms of poker on land and boats. Poker is extremely popular at pari-mutuals.
Legal Cons: Law 849.14 was recently passed prohibiting poker on any electronic device.
GEORGIA
Chance: 5% chance of legalization on the state level by the end of 2018.
Legal Pros: At this time there are no positives in Georgia on regulating and taxing poker over the internet.
Legal Cons: In Georgia Code 16-12-20 classifies a “bet” as: an agreement that, dependent upon chance even though accompanied by some skill, one stands to win or lose something of value.
HAWAII
Chance: 5% chance of legalization on the state level by the end of 2018.
Legal Pros: Hawaii wrote legislation on the passing of internet poker but the lack of support it received from state representatives diminished the bill and did not receive a hearing in the state’s House Financial Committee.
Legal Cons: They are one of two states in the USA that does not allow any forms of legal gambling activity, and they have strict laws in place.
IDAHO
Chance: 10% chance of legalization on the state level in 2018.
Legal Pros: There have been no cases found where someone was arrested, fined, or sentenced to jail time for playing poker over the world-wide-web.
Legal Cons: State statute 18-3801 identifies a contest/game of skill to be a legal form of gambling. Many experts consider poker as a game of skill and not chance.
ILLINOIS
Chance: 55% chance of legalization on the state level by the end of 2018.
Legal Pros: Bills have been written and pushed for approval, but no final vote approval has been made just yet.
Legal Cons: Governor Quinn has vetoed bill SB 1739 and mentioned he will not approve any gaming legislation, including online poker, until ethical standards, comprehensive oversight and dedicated resources for education are met. But, a positive is he is no longer Governor.
INDIANA
Chance: 15% chance of legalization on the state level in 2018.
Legal Pros: Indiana law Section 35-45-5-3 mentions it is illegal to operate an online gambling activity, such as a casino, poker room or sportsbook for example, but it doesn’t mention anything illegal about being a player/customer/participant of such activity.
Legal Cons: The state has yet to create a bill on the legalization of online poker. Until legislation is drafted, the state will not be making much headway.
IOWA
Chance: 25% chance of legalization on the state level by 2018.
Legal Pros: Senate File 526 directed a report to be prepared by the Iowa Racing and Gaming Commission for the creation and framework for the state regulation of intrastate internet poker. Click here for the Executive Summary.
Legal Cons: The state is having a difficult time zeroing in on how to tax poker over the net and how much to tax, as well as trying to estimate how much tax revenue the state would receive each year. The studies they have done vary too much which is causing hesitation.
KANSAS
Chance: 15% chance of legalization on the state level by the end of 2018.
Legal Pros: Although restrictions are in place for playing poker for real money over the computer within the state, it’s only a partial crime and the current laws do not regulate it as a whole.
Legal Cons: The Attorney General in Kansas issued poker over the internet as an illegal form of gambling in 1996, and restrictions are placed on gambling from computers within the state.
KENTUCKY
Chance: 5% chance of legalization on the state level by the end of 2018.
Legal Pros: There are currently no discussions or bills in the works for legalization.
Legal Cons: Kentucky is serious about not allowing people within their state to play poker over the net. There are a 140+ poker websites that are not allowed to accept players from Kentucky.
LOUISIANA
Chance: 15% chance of legalization on the state level by the end of 2018.
Legal Pros: Rep. Mike Huval has stated he wants to study the feasibility and practicality of authorizing Internet gaming in Louisiana and report the findings to the legislature.
Legal Cons: Louisiana has very strict gambling laws in place and they do not accept games of skill to be wagered on.
MAINE
Chance: 10% chance of legalization on the state level in 2018.
Legal Pros: For Maine it’s a double edged sword for the legal pro and legal con. As you see in their laws below it mentions illegal gambling as a game of chance where poker can be argued as a game of skill. Basically, their laws are not defined well enough.
Legal Cons: Title 17-A Chapter 39 Section 952 in their statute it mentions a person engages in gambling if he stakes or risks something of value upon the outcome of a contest of chance. Playing poker over the internet can be deemed a game of skill rather than chance.
MARYLAND
Chance: 30% chance of legalization on the state level by the end of 2018.
Legal Pros: They currently offer legal online games to their citizens, lottery games, so they already have an understanding and system in place when it comes to online gambling.
Legal Cons: Maryland is in the upper tier of states with strict gambling laws in general on a state level. They have attacked several gambling and poker sites over the years to get their domain names seized by the US government.
MASSACHUSETTS
Chance: 45% chance of legalization on the state level by the end of 2018.
Legal Pros: Massachusetts legislature has been introducing legislation to start the process of legalizing online gambling within the State. Some bills have focused on the sales of lottery tickets over the internet while others included online poker.
Legal Cons: Chapter 271 Section 1 in their State statutes mentions it is a crime if; winning at one time or sitting, by gaming or betting on the sides or hands of those gaming, money or goods to the value of five dollars or more.
MICHIGAN
Chance: 60% chance of legalization on the state level by the end of 2018.
Legal Pros: Michigan adopted the Public Act 185 in 2000 which makes them not a state that has in effect a specific prohibition against using the internet to make, offer or accept bets over the internet. Also, they have been introducing bills in recent years to legalize and regulate online poker and casino games.
Legal Cons: Without a license, it is illegal to offer any form of gambling which is stated in their State Statute Section 432.218, and playing poker for money is also illegal within their gambling definition although it’s tough to tell if that also includes playing online.
MINNESOTA
Chance: 15% chance of legalization on the state level by the end of 2018.
Legal Pros: There are currently no legal pros to be listed since there are no bills in the works.
Legal Cons: State statute Section 609.75(d)(1) mentions: a bet is a bargain whereby the parties mutually agree to a gain or loss by one to the other of specified money, property or benefit dependent upon chance although the chance is accompanied by some element of skill. The key words in that section are “accompanied by some element of skill” which does not bode well for poker.
MISSISSIPPI
Chance: 25% chance of legalization on the state level in 2018.
Legal Pros: Mississippi continues to push legislation; House Bill No. 254: Mississippi Lawful Internet Gaming Act
Legal Cons: Their laws make it pretty clear that they do not allow the promoting or playing games for money that is not regulated by the state.
MISSOURI
Chance: 10% chance of legalization on the state level in 2018.
Legal Pros: A gambling activity, such as poker, is considered illegal if something of value is risked upon a contest of chance. The pro about this is poker is often considered a game of “skill” and not “chance” which could help make a strong case in a court of law if needed.
Legal Cons: Missouri has a definition of a “professional poker player” in their law which is someone who has earned a minimum of 20% of their yearly income in any of the last 5 years, which is considered a class D felony.
MONTANA
Chance: 10% chance of legalization on the state level in 2018.
Legal Pros: One of four states exempt from the Professional and Amateur Sports Protection Act which allows legal sports betting. Oregon, Delaware and Nevada are the other three states.
Legal Cons: State statute 23-5-112, 21-a says; internet gambling through the use of communications technology that allows a person using money, paper checks, electronic checks, electronic transfers of money, credit cards, debit cards to transmit to a computer information to assist in the placing of a bet or wager and corresponding information related to the display of the game, game outcomes, or other similar information.
NEBRASKA
Chance: 5% chance of legalization on the state level by the end of 2018.
Legal Pros: Nebraska continues to soften their stance on gambling decade after decade, and has allowed different forms to be legal. Hopefully, playing poker online for real money will be the next form of gambling they will make legal.
Legal Cons: State statute 8-1101 says a person engages in gambling if he or she bets something of value upon the outcome of a future event, which outcome is determined by an element of chance, or upon the outcome of a game, contest, or election. The keywords here are “element of chance” and “outcome of a game”, which poker could easily fall under.
NEVADA
Chance: 100% chance, legislation has already been approved.
Legal Pros: Interstate poker has been passed and the first legal state licensed online poker site in the USA opened for business in April of 2013.
Legal Cons: Any online poker website/company in operation that accepted players in the USA after December 31, 2006 will not be able to have a chance at receiving a license for five years.
NEW HAMPSHIRE
Chance: 20% chance of legalization on the state level in 2018.
Legal Pros: The state literally has no laws in place that could even question the legality of poker, weather it being a home game or on the internet for money. Most all other states at least have some legislation written to argue cases when it comes to gambling/poker.
Legal Cons: There are no significant legal cons at this time other than the obvious; they have not written legislation to help move this forward.
NEW JERSEY
Chance: 100% chance, legislation has already been approved.
Legal Pros: Intrastate poker has been passed in the state.
Legal Cons: Details have been worked out and residents or visitors to the state are free to play casino or poker games – no sports betting, yet.
NEW MEXICO
Chance: 10% chance of legalization on the state level by the end of 2018.
Legal Pros: There has been discussions between state officials and the local Indian tribes about running online poker through them/their Indian casinos.
Legal Cons: Section 30-19.1B in their state statutes defines a “bet” as; a bargain in which the parties agree that, dependent upon chance, even though accompanied by some skill, one stands to win or lose anything of value specified in the agreement. Their definition is pretty precise and it’s never a good thing in regards to poker when it mentions “accompanied by some skill”.
NEW YORK
Chance: 55% chance of legalization on the state level by the end of 2018.
Legal Pros: The New York Senate put in writing that it supports authorizing and regulating Internet gaming for games of skill, including poker, to reflect recent changes in the classification of these games. Also, bills are being pushed in the legislature.
Legal Cons: Although the Senate supports this action, some think the Governor will not.
NORTH CAROLINA
Chance: 10% chance of legalization on the state level by the end of 2018.
Legal Pros: Although they have some laws in place that could consider online poker to be illegal, the state has been more accepting to gambling activities in recent years by approving a State Lottery in 2006 and allowing table games at Indian casinos in 2012. Things are looking a little more upwards for poker regulation.
Legal Cons: State statute, Section 14-292 mentions any person who plays at or bets on any game of chance is considered illegal to do so. However, the big question here is whether or not poker is considered a game of chance or skill; many would say skill.
NORTH DAKOTA
Chance: 15% chance of legalization on the state level by the end of 2018.
Legal Pros: The Department of Justice has allowed North Dakota another chance at bringing their legislation to the front burner if they choose to since they have altered their views since 2005 regarding this topic. See the Legal Cons below to understand this more clearly.
Legal Cons: North Dakota tried to pass legislature in 2005 making it legal to play poker online, which was headed up by Republican Jim Kasper. The House approved but it was denied by the Senate.
OHIO
Chance: 15% chance of legalization on the state level in 2018.
Legal Pros: They have no laws in the Penal Code that makes it illegal to play poker over the internet.
Legal Cons: Ohio law is more specific and detailed than most states when it comes to poker. In Chapter XXI, 2915.01 of their State statutes they mention; “game of chance” means poker, craps, roulette, or other game in which a player gives anything of value in the hope of gain, the outcome of which is determined largely by chance, but does not include bingo.
OKLAHOMA
Chance: 15% chance of legalization on the state level by the end of 2018.
Legal Pros: Oklahoma allows charitable, pari-mutuel, lotteries, Indian casinos, and racetrack forms of gambling. This is a very positive sign for future poker regulation.
Legal Cons: There currently are no bills in the works for regulating intrastate poker.
OREGON
Chance: 10% chance of legalization on the state level by the end of 2018.
Legal Pros: One of four states, along with Montana, Delaware, and Nevada, exempt from the Professional and Amateur Sports Protection Act which allows legal sports betting.
Legal Cons: Section 167.109 in their statutes specifically talks about internet gambling, which includes poker, and mentions it is a felony to accept payments related to the participation of another person in unlawful gambling using the Internet.
PENNSYLVANIA
Chance: 100% chance, legislation has already been approved.
Legal Pros: Intrastate poker was passed in the state and signed into law on October 30, 2017.
Legal Cons: There are no legal cons since legislation has been passed.
RHODE ISLAND
Chance: 15% chance of legalization on the state level by the end of 2018.
Legal Pros: Their “gambling” definition in statute section 11-51-1 does not specifically mention poker as an illegal form of gambling.
Legal Cons: It appears at this time that voters within the state believe the positives do not outweigh the negatives when looking to pass regulated internet poker, but that is just hearsay for the time being.
SOUTH CAROLINA
Chance: 5% chance of legalization on the state level in 2018.
Legal Pros: There are not many positives to report at this time.
Legal Cons: Other than Hawaii and Utah they are probably the next strictest state when it comes to legal gambling which includes poker over the internet; they only have a State Lottery.
SOUTH DAKOTA
Chance: 10% chance of legalization on the state level in 2018.
Legal Pros: Their laws do not target players for internet gambling, just towards operators.
Legal Cons: South Dakota has passed laws that make it illegal to establish an internet gambling business, which includes poker, within the state.
TENNESSEE
Chance: 5% chance of legalization on the state level in 2018.
Legal Pros: Democrat Representative Steven Cohen of Tennessee has cosponsored a bill with 26 other representatives for favoring poker over the world-wide-web.
Legal Cons: Other than Hawaii and Utah they are the strictest state, along with South Carolina when it comes to legal gambling which includes online poker, and only allows a State Lottery.
TEXAS
Chance: 20% chance of legalization on the state level by the end of 2018.
Legal Pros: Congressman Joe Barton of Texas introduces the Internet Poker Freedom Act legislation to license and regulate internet poker.
Legal Cons: There appears to be some legal holdup on the passage of internet poker from the Indian casinos in the state. This might delay things for a bit, but it’s only a matter of time until a deal gets worked out and new laws are written.
UTAH
Chance: 3% chance of legalization on the state level by the end of 2018.
Legal Pros: There are no legal pros or positive future outlooks at this time.
Legal Cons: Utah is one of two states in the USA that does not allow any forms of legal gambling activity, and they have strict laws in place.
VERMONT
Chance: 10% chance of legalization on the state level by the end of 2018.
Legal Pros: Their gaming laws are very unclear and not well written, worst than most states, which makes it easier for people to make a case when it comes to legal matters.
Legal Cons: State legislatures have to first draft a bill before anything will even be considered, and that has not happened yet.
VIRGINIA
Chance: 10% chance of legalization on the state level in 2018.
Legal Pros: Being close to other states that have already approved online poker, such as Delaware, New Jersey and Pennsylvania, will only help the cause in them following suit.
Legal Cons: Section 18-2-325 in their statutes mentions illegal gambling as making, placing or receipt, of any bet or wager in this Commonwealth of money or other thing of value, made in exchange for a chance to win a prize, stake or other consideration or thing of value, dependent upon the result of any game, contest or any other event the outcome of which is uncertain or a matter of chance, whether such game, contest or event, occurs or is to occur inside or outside the limits of this Commonwealth.
WASHINGTON
Chance: 20% chance of legalization on the state level by the end of 2017.
Legal Pros: Initiative 582 had been sent to legislatures which would license and regulate intrastate poker online if it had passed. Other bills have been proposed since.
Legal Cons: Washington State has some of the most detailed and strict laws in place when it comes to playing poker over the net. For example, they specifically mention that it is illegal to play poker for real money over the computer.
WEST VIRGINIA
Chance: 50% chance of legalization on the state level in 2018.
Legal Pros: Tough competition in the land casino market area will only help in the state passing legalized online poker as another source of revenue.
Legal Cons: State statute 61-10-4 discusses playing or betting at gaming tables and devices which is illegal to do so.
WISCONSIN
Chance: 10% chance of legalization on the state level by the end of 2018.
Legal Pros: Wisconsin would be jumping on board with the interstate poker bandwagon if and when they decide to legalize poker online, rather than intrastate, due to their small size in population.
Legal Cons: A “bet” in defined in statute Section 945.01(1) as a bargain in which the parties agree that, dependent upon chance even though accompanied by some skill, one stands to win or lose something of value specified in the agreement. This law can be interpreted as pretty vague, but it does mention “accompanied by some skill” which easily can include the game of poker.
WYOMING
Chance: 10% chance of legalization on the state level by the end of 2018.
Legal Pros: Wyoming has some of the most outdated gambling laws in the USA, and state government officials acknowledge they need to be re-looked at and updated.
Legal Cons: State statute Section 6-7-101 outlines their gambling laws. Again, with their laws being so unclear it’s tough to tell what is legal and what isn’t
Author: Joseph Falchetti (twitter)
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