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Last Updated January 2, 2020
The post New Swiss Online Gambling Law in Effect, Foreign Operators Barred appeared first on Poker News Daily. A little over a year ago, Swiss voters overwhelmingly approved a law – by about a 3-to-1 margin – that banned online gambling operators from outside of the country.
It’s natural for online poker players in America to have questions about the legal considerations that go along with playing real money poker online. Not only do players have to be familiar with federal law as it relates to online poker and other forms of online gambling but also with the gambling law of each individual state in the US.
It’s important to note that no website – no matter how well-researched or informed – can be a substitute for advice from a licensed legal professional. Our sole purpose is to give you, as a poker player, a stronger understanding of the fundamentals of gambling laws in your state.
Below, we’ve assembled a list of all 50 states. Click on any to be taken to an in-depth look at that state’s history, including its attitude toward and laws relevant to the game of poker.
We also have a section relating to current legislation and poker bills on both the state and federal level.
Poker and Gambling Laws by State
Alabama: It’s certainly not a sweet home for gamblers, who face pretty stiff penalties on both the business and player side of the illegal gambling equation. Few regulated options, and likelihood of regulated online poker in near term is essentially nil.
Alaska: State gambling law does not directly handle gambling conducted online. General attitude toward gambling is restrictive, chances of expansion seem quite low. Poker occupies something of a grey area in Alaska law.
Arizona: A litany of regulated options for playing real-money poker coexists with an aggressive stance toward unregulated gambling in Arizona. Internet gambling is directly addressed in state law. Poker handled directly by statute.
Arkansas: Aggressive approach toward prosecuting illegal gambling is aimed primarily at the individuals or groups who are backing, running or otherwise entangled in the business end of the activity. Opportunities for regulated online gambling seem dim.
California: Lawmakers tried to legalize online poker for more than 10 years before quitting after an especially frustrating 2016 legislative session. Many parties made concessions that made online poker appear possible, but a stalemate over a bad actor clause relating to PokerStars ended all talks.
Colorado: Law is clear regarding poker but less so when it comes to the online version of the game. Could be candidate for regulated online poker but lack of obvious support undermines potential. Very tough on unregulated gambling in general.
Connecticut: Tribal gaming is ruled by the Mohegan and Mashantucket tribes, and they want online poker and table games. Lawmakers have been trying to get it done, but the governor and others are concerned about a now-filed MGM lawsuit over an East Windsor casino.
Delaware: One of only a few states in America to legalize and regulate online gambling, including online poker. The sites launched in 2014. The three horse racing tracks offer online poker, which is connected via a multi-state online poker network with Nevada and New Jersey.
Florida: State frequently mentioned as a possible place where regulated online poker could both come to pass and thrive. Current law does not directly intersect with the issue of gambling that happens online. Regulated choices abound for land-based poker players.
Georgia: A very strict approach to any form of gambling underpins the state law of Georgia. Expansion of gambling on any level – live or online – is unlikely under the current law and political climate.
Hawaii: There is no legal gambling in Hawaii, and the state refuses to consider casinos or any type of online gambling or sports betting. Bills have been proposed and then quickly shut down.
Idaho: Gambling isn’t small potatoes in Idaho, where the law takes an expansive approach to defining illegal gambling. While poker may be a question in some states, Idaho law singles it out as a prohibited form of gambling. Online gambling less clear.
Illinois: After long embracing riverboat gambling, Illinois recently added video gaming terminals to its offerings and then land-based casinos in 2019. While the gambling expansion law was broad, it still did not include online poker and online casino games.
Indiana: The Hoosier State offers an above-average amount of regulated gambling – and as a result, has very strict laws on the books to deal with illegal gambling. Law does specifically address online casinos.
Iowa: A state that has been considering regulated online poker for several years, Iowa takes a middling stance on gambling that takes place in unregulated environments. Penalties for operators can be quite harsh, less so for poker players.
Kansas: Online gambling is not covered directly by state gambling law. While Kansas is home to a wide array of regulated ways to gamble, online gambling does not seem likely to appear on that menu at any point in the near future.
Kentucky: Online gambling sites have been fighting with Kentucky since its former governor and the courts seized more than 140 gambling domains and also sued PokerStars. The hostility toward online gambling all but disappeared with that governor. His son, the state’s attorney general, is now fighting for legal online poker, sports betting, and land-based casinos in Kentucky.
Louisiana: The state law is complicated by a flawed and incomplete definition of gambling. All parts of the law are subject to interpretation. There was an effort to legalize online poker by voter referendums, but nothing has moved on it since 2018.
Maine: Nothing in state law provides precise guidance on the matter of playing poker online. Other types of poker legal under specific circumstances, but players do not appear to risk arrest regardless of legal status of the game they take part in.
Maryland: One of the more complex webs of state gambling law thanks to additional level of county law with regards to gambling. State has pursued multiple online gambling operators aggressively. Position on players less clear.
Massachusetts: This gambling-friendly state started seriously considering online poker and casino games in 2017, and its first land-based casino opened in 2018. Studies are pending as to economic benefits of internet gaming, and those results will determine the state’s future actions.
Michigan: Quite a bit of gambling is legal in Michigan, but lawmakers have been trying to legalize online gambling to go with it. The legislature approved it in 2018 but the then-governor vetoed it. Efforts to repeat the legislative success in 2019 are being stunted by the new governor, so the future is unclear.
Minnesota: Many ways to play poker legally in the state, but also many questions about how the law applies to gambling that takes place online. Law unclear both on the issue of Internet gambling in general and Internet poker specifically.
Mississippi: Law is quite clear on the matter of poker as a form of gambling; poker is included in the statutory definition of the term in Mississippi law. Some past rumblings regarding the regulation of online poker have – to date – amounted to nothing in the way of tangible action.
Missouri: Very severe punishments for all parties involved in illegal gambling. No part of the law mentions online gambling by name, nor have legislators shown interest in clarifying the law regarding online poker or other forms of online betting.
Montana: Big Sky Country is also home to some pretty big penalties for engaging in actions that the state considers to be illegal gambling. Online gambling is directly handled by Montana gambling law. Few poker options.
Nebraska: Arguably the least poker-friendly state in the U.S., at least by the letter of the law. Players should not expect any change in the status quo, as regulated online poker looks uniquely unlikely to advance in Nebraska.
Nevada: No surprise that the nation’s gambling capital was the first to offer regulated online poker. However, only one site is available for players in the state. Online casino games are not permitted.
New Hampshire: Poker relegated to legal limbo thanks to vague definition of gambling on New Hampshire’s books. Online gambling exists in similar state by a literal reading of the law, which doesn’t meet the issue directly at any point. Regulation of online possible, but not uniquely likely.
New Jersey: As one of the pioneers of regulated online gaming in the US, New Jersey has seen more than $1B in revenue from those games in the last 5+ years. Success has spurred land-based casinos into profitable territory. Sports betting is now legal in NJ, too.
New Mexico: State does allow some regulated forms of real-money poker, but all unregulated forms are potentially subject to New Mexico’s anti-gambling laws. Online poker players will find no specific mention of their game on the books, but other laws may still apply regardless.
New York: With a growing number of casinos, lawmakers have tried for many years to legalize online poker to go accompany them. Despite Senate support, however, the House has not been amenable. The effort to legalize online gaming diminished significantly in 2019.
North Carolina: Like its twin to the south, North Carolina takes a dim view of nearly all forms of gambling. Unlike South Carolina, the law in North Carolina offers little risk to players in illegal gambling games. Poker likely, although not definitively, included in statutory definition of gambling.
North Dakota: Online gambling regulation could advance in the state in the short term, but is far from a sure thing. Current gambling laws are quite harsh in theory, and list of permitted gambling outside of directly regulated activities is narrow.
Ohio: As regulated gambling advances in the Buckeye State, so have the chances that online poker will join the list of explicitly endorsed gambling options. Many forms of poker already clearly legal in state, but unregulated forms could run afoul of Ohio law.
Oklahoma: Existing laws aimed at cracking down on sports betting may apply to wagering over the Internet, but that is but one of many conclusions you might reach after reviewing the law regarding gambling in Oklahoma. Chances for regulated online poker in near term are exceedingly slight.
Oregon: State takes rigid approach to gambling that includes a law banning financial activity related to online gambling. Unclear whether poker players are included under the scope of the law. Legal poker available in several land-based formats.
Pennsylvania: Years of consideration led to finally legalizing online poker and casino games in 2017, along with sports betting. Online casinos began launching in the summer of 2019 with online poker following shortly thereafter.
Rhode Island: Another US state with an excessive amount of vague definitions and statutes regarding gambling. Despite the lack of clarity, punishments for players appear fairly minor. Poker may or may not be treated uniquely from other forms of gambling.
South Carolina: Often employed as a poster child of sorts for the outdated – some would say antiquated – approach of state law toward gambling. Laws are written in such a way as to potentially render playing any game of any sort an illegal act, even if no wagering is involved.
South Dakota: It’s explicitly illegal to operate an online betting website or similar business in South Dakota. What’s less clear is how poker players merely engaging in online poker games fare under South Dakota’s gambling law.
Tennessee: Despite a prohibitionist approach to gambling that is outdone only by Utah and a handful of similar states, Tennessee does not have any law on the books that offers a precise legal status for online gambling.
Texas: The state that lent its name to the most popular form of modern poker has little interest in or legalizing the game. Poker remains technically illegal, both online and live, but poker room operators have found loopholes and opened private poker clubs throughout Texas. Lawmakers have yet to address issues currently in courts’ hands.
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Utah: The only state to decide to pass a law essentially forbidding any participation in any sort of federal online gambling network. Few – some would argue no – types of gambling can be conducted legally in Utah.
Vermont: State gambling laws reflect the larger attitude of Vermont toward individual freedoms. While some laws on the books forbid particular acts related to gambling, the charges (and interest in enforcement) appear to be far less intense than the typical state.
Virginia: Virginia has yet to commit to a specific legislative approach to online gambling. Existing laws regarding land-based gambling may apply. Poker players left with something of a mixed bag in Virginia.
Washington State: In theory, the absolute worst state for online poker players as participating in a real-money game online appears to merit a felony charge. Future of online gambling in the state constantly in flux. Multiple regulated options for poker exist.
West Virginia: After expanding land-based gambling with ease, lawmakers finally saw fit in 2019 to legalize online poker and casino games for regulation. Operators are expected to obtain licenses in 2020 and potentially launch their sites in 2021.
Wisconsin: Poker players can legally play real-money poker in a variety of ways. State law lacks absolute clarity regarding the online variant. Overall legal approach to gambling is fairly strict, thanks in part to protections built in for the state-approved gambling outlets.
Wyoming: Though last alphabetically, Wyoming is far closer to the middle of the pack on the issue of gambling. Statutes contain minimal penalties if you’re just a participant, but that’s not the same as saying “anything goes.” Few regulated gambling options available.
On January 1st, the Czech Republic modernized its gambling laws through the adoption of a bill known as the Gambling Act, or Act No. 186/2016 Coll, with the Czech Ministry of Finance tasked with the responsibility of overseeing the country’s iGaming market. The new bill opens up the Czech online gambling market to all European Union and European Economic Area residents, with Czech lawmakers now hopeful that the new system will bring a steady stream of tax revenues to the government.
No Operating Without a License
Under the new gambling law, foreign and domestic online operators are not permitted to offer their products without first obtaining a license from the Czech Republic. However, thus far few companies have applied for licenses, and instead, most online gambling sites have continued to operate within what what was previously considered a “gray market”. While they are not legal and regulated, the sites will soon come under fire from the government, with those familiar with the Gambling Act believing that the law will eliminate this gray area, and put the government in a better position to crackdown on illegal, non-licensed sites.
25 Foreign Firms Still Operating
In fact, 25 foreign companies are currently providing unlawful online gambling services in the Czech Republic, according to the latest information released by Transparency International (TI). The organization is “tasked with safeguarding the public interest and working towards an effective and responsible state administration”, and commenting on the present situation, David Ondracka has criticized the Czech Finance Ministry for not taking resolute action against these illegal operators. As Ondracka explains:
“Our monitoring shows that the biggest sinners are Unibet and Lottoland companies. Bet365 and Betfair interrupted their operation, but they did not switch off their websites.”
However, the list of offenders is not just limited to foreign firms as a TI survey has found that some Czech companies are also violating the new law by allowing depositing and withdrawing daily amounts above the new limit of 5,000 crowns ($200). Addressing the current situation, Ondracka has called upon the Finance Ministry to demand companies without bona fide licenses immediately cease their operations, and that those firms which have applied for a license must adhere to the new conditions. In the meantime, TI will monitor activities over the next 60 days, and as Ondracka stated:
“If the companies do not obey, they must be blocked. Finance Minister Andrej Babis (ANO) and his team have long been persuading the public that this step is feasible and trouble-free.”
Skin Betting Definition
Best Poker Gambling Sites
The new Gambling Act may also legalize skin betting, or placing wagers on the outcome of online games like Counter Strike Global Offensive and League of Legends. Instead of wagering money, however, bettors place virtual cosmetic items on the line to back up their bets, but because the items traded are a sort of virtual currency, concerns have arisen around the world as to whether or not this type of betting is actual legal.
In the Gambling Act, gambling is defined as a game of chance, betting or a lottery in which a wager is made and there is no return guaranteed. The definition is very broad, and experts believe this is purposeful as it leaves room for new types of betting like skin betting to be covered under the law. Ultimately, this may make it simpler to legalize without major revisions to the regulatory system.
Skins Betting Covered by New Law?
Still, there is some debate as to whether or not skin betting would be considered a form of gambling under the law, as the Gambling Act does not make mention of skin betting specifically, and it does prohibit the use of non-monetary items for betting. On the one hand, there are some who believe that virtual currencies could fall under this category, while alternatively others argue that virtual currency is a form of money, and therefore should be considered permissible. These latter individuals state that the language in the law is meant to prevent people from placing big-ticket items like houses, cars and jewelry up for bets online.
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Strengthening the argument that the Czech Gambling Act would allow for the regulation of skins betting is the position of the Czech National Bank. In the past, the bank has gone on the record as saying that virtual currencies like bitcoin are not non-cash payments or electronic money, suggesting that the items wagered in skins betting would not be defined as prohibited non-monetary bets under the bill.
If skins betting does end up being covered by the law, operators will be required to pay a tax rate of roughly 23 percent on transactions or run the risk of having their IP addresses blocked and being slapped with hefty fines.
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