That clarification opened up the possibility of states passing legislation to allow for online gambling - but to date, progress in online poker legislation and online gambling in general has been. West Virginia. As one of only a few north-eastern states bordered by five others, West Virginia’s gambling and legal real money poker betting culture has been largely influenced by that of its closest neighbors.
By
Last Updated January 2, 2020
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.
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.
As one of only a few north-eastern states bordered by five others, West Virginia’s gambling and legal real money poker betting culture has been largely influenced by that of its closest neighbors. Simultaneously embracing Kentucky’s love of live casinos, Virginia’s caution and Pennsylvania’s aggression, the Mountain State is one state where the issue of regulated online gambling and Internet poker websites could go one of several different ways. On one hand, some WV state officials are arguing that iGaming real cash Internet poker gambling is the future and must be considered as part of the state’s long-term revenue streams, while others are content to focus on its burgeoning land-based casino and live poker betting industry.
If anything, the biggest hurdle facing proponents of legal Internet poker gambling is West Virginia’s relatively small population of 1.855 million. Paling in comparison to neighboring Virginia and Pennsylvania, West Virginia’s sparse population demands that interstate Internet poker compacts be formed before the online poker websites scene in the Mountain State could thrive.
Making a wager on the virtual green table whilst in The Mountain State is easy as long as you know the right real money US poker sites to play at.
West Virginia Lottery Director Speaks in Favor of Online Gambling Legislation
Quick Jump
- 4 The Facts
In order to broaden its appeal, Musgrave believes West Virginia should offer forms of online gambling not readily available in other states. (This would probably not include games like Internet poker.) For instance, he feels that residents should be able to purchase Powerball and other lottery tickets from a mobile real cash gambling application [1].
Other legal real money gambling spokesmen in WV have noted that there is revenue potential for other online games, including Internet poker. However, legislation that calls for the regulation of such activities has yet to been considered by state officials in West Virginia. It appears that WV gambling lawmakers are more concerned with the state’s newly-expanded land-based casino and real cash poker room operation than with lawful Internet poker gambling.
Can Players from West Virginia Play Online Poker?
While we can’t guarantee that you won’t be the victim of a bad beat at top poker websites, residents of West Virginia should have little problem registering an Internet poker account at one of many real cash poker websites. Take a look at our homepage, where we regularly update our list of the best poker websites, all of which readily accept Texas Hold’em and other poker players from West Virginia.
Our most highly recommended real money poker websites accept multiple forms of payment, including credit cards and MoneyGram, and are known for their fast, reliable payout speeds.
- U. S. Poker Site
- Compatibillity
- Editor Rating
- Deposit Bonus
- Very player friendly
- Generous cashback
- Great mobile play
Is Online Poker Legal in West Virginia?
Because there is no Internet poker legislation that specifically addresses the issue of playing for real cash at online poker gambling websites, its legality remains in question.
West Virginia’s gambling and poker betting laws are particular vague and confounding, and thus, it is recommended that you seek legal counsel to help you better understand your Internet poker options. And while we’re no authority on the subject of legal real money poker websites, we have thoroughly examined the state of WV’s gambling statures and dug up several points of interest for Internet poker gambling fans. Hopefully our research helps you make a more informed decision:
- West Virginia’s gambling statues use the words
gambling,
gaming
andgaming device
quite liberally. Unfortunately, definitions for these terms are notably absent, leaving much of the law about poker betting up to individual interpretation. - The law is very specific regarding gambling losses, stating that:
If any person shall lose to another within twenty-four hours ten dollars or more in real money, or property of that value, and shall pay or deliver the same, or any part thereof, such loser may cover back from the winner the real money or property, or in lieu of the property the value thereof, so lost, by suit of court.
It goes onto state that the losses can only be collected from the winner, and not a third party. Chapter 55-9-2. - According to Chapter 61-10-1, anyone who possesses a gambling table like a Texas Hold’em poker table, slot machine or other device used for gambling purposes is subject to a misdemeanor. If someone knowingly permit[s] a gaming table, bank or device, they shall be guilty of a misdemeanor, and upon conviction, shall be confined in West Virginia jail not more than one year, and be fined not less than one hundred nor more than one thousand dollars.
- Chapter 61-10-5 outlaws games of chance, although what constitutes a game of chance is never defined and it’s unclear if real cash poker gambling falls into this category.
- Establishments that permit gambling or poker betting, whether public or private, are subject to penalty, leading one to infer that home real money poker games are technically illegal in the state, even if they do not take a rake.
- Like Virginia, West Virginia frowns upon cheaters. Regardless of whether a gambling or poker betting activity is legal or not, cheaters are guilty of a misdemeanor, and can be confined in jail not more than one year and fined not less than five times the value of the money or thing won or acquired.
In reality, no resident of West Virginia has been arrested for playing poker online at Internet poker websites.
To read the full length version of West Virginia’s gambling and poker betting statues [2], please refer to the References section.
The Facts
The History of Gambling in West Virginia
Back when West Virginia was still considered part of Virginia, early settlers gambled on cards like poker betting games, dice and large underground lotteries, much like they did throughout the other colonies. Due to its western location, gambling and real cash betting spread slower in West Virginia than it did elsewhere, but by the 1700s it was still widely prevalent – so much so, that legislators made a series of attempts to outlaw legal gambling completely. But most of West Virginia’s residents chose to ignore early anti-gambling and betting laws.
In the early 1900s, the mob infiltrated the area. It was at this point that the state’s law enforcement agencies began to enforce anti-gambling and poker betting laws with vigor. By the middle of the century, most of the mob presence withdrew from the state of WV, seeking to establish underground real money poker gambling playgrounds elsewhere.
In 1926, West Virginia opened its first greyhound racing track, followed seven years later by a bill legalizing real cash betting on racing. It is believed that these measures were taken in response to the crippling effects of the Great Depression. During the 1930s and 40s horseracing thrived in WV, as it still does today.
An amendment legalizing real cash betting on the state lottery was passed in 1984. The West Virginia Lottery was quickly established, followed two years later by the launch of the state’s first legit and regulated lottery. Video poker real money games and other slot machines were installed in the state’s racetracks during the Great Recession of the early 1990s and in 2007, a referendum allowing for table games like Texas Hold’em poker in Ohio County passed by a nearly 2:1 margin. A similar referendum was rejected by the voters of Jefferson County on the very same day [3]. However, by 2010, the Hollywood Casino at Charles Town Races would also host table games, including real cash poker gambling [4].
Online poker players in West Virginia can enjoy some of the top online poker sites around even though Internet-based gaming is not sanctioned by the state.
Regulated Gambling Options in West Virginia
Despite the lack of online poker legislation and state sponsored lawful WV Internet poker websites, there is no dearth of regulated poker gambling and real money betting options in West Virginia. That’s not to say the state’s gambling sphere of influence extends as far as say Nevada’s, but West Virginia offers its inhabitants a modest host of betting activities, including Texas Hold’em poker.
Charitable gambling, pari-mutuel betting and placing real cash betting wagers on the outcome of horseraces are all deemed legal by WV state officials, in so long as the wagering is done at a regulated gambling facility. And as of 2007, commercial casinos and live real money poker rooms are also permitted. The commercial casinos currently operating in the state are:
- Hollywood Casino At Charles Town Races – features Blackjack, Roulette and a 50-table real cash poker room
- Mardi Gras Casino and Resort – located in Nitro, it boasts the 24-table Charleston Poker Room for real money gambling.
- Mountaineer Casino, Racetrack and Resort – a thoroughbred racetrack and casino located in Chester sporting 50 table games and a legal poker room [5].
- Wheeling Island Hotel-Casino-Racetrack – Lawful poker and other table games were added to Wheeling Island after the passage of a 2007 referenda.
- The Casino Club at The Greenbrier – An exclusive casino only available to guests of the Greenbrier.
West Virginia’s lottery is unique in that it sells traditional paper slips and also offers video operated real money betting terminals. The state lottery has proven to be a large source of revenue for West Virginia.
The one type of gambling not offered by West Virginia is Tribal gaming.
The Future of Regulated Online Gambling in West Virginia
The prospects of regulated online gambling and legit Internet poker coming to West Virginia looks neither look good nor bad. While it certainly won’t be among the next wave of states to implement iGaming real cash poker website gambling regulations, it shouldn’t lag too far behind either.
The Lottery Commission is currently examining the pros and cons of online gambling and Internet poker, with some officials concluding that despite the risks, iGaming poker websites are a worthwhile venture, and will inevitably make its way into West Virginia.
Total tax revenue from the state’s commercial casinos, legal real money poker rooms and racetracks exceeds $400 million – a number that would only grow if Internet poker and gambling was regulated.
The Bottom Line
Like so many other states on or near the east coast, West Virginia is adopting a wait-and-see philosophy towards online poker Internet poker websites. The economy is currently in the midst of a financial crisis, which prompted Lottery officials to examine the prospect of iGaming Internet poker more carefully. Their results of their research may very well manifest in legislative form before the end of 2020. The expansion of West Virginia’s brick and mortar casinos and real money poker venues only serves to reinforce this possibility.
So while it will likely be a few years before any real cash Internet poker legislature is signed into law, the odds of West Virginia entering the lawful poker websites market relatively soon are decisively in its favor. But even if it does, online Internet poker will have a hard time finding its footing without interstate poker website compacts in place – 1.8 million residents and low tourist appeal is simply not enough to keep a legit real money Internet poker market going.
References
[1] ↑Lottery director says online gaming needs to be discussed
[2] ↑West Virginia Code
What States Allow Online Poker Money
[3] ↑West Virginia table game referenda results
[4] ↑Hollywood Casino at Charles Town Races
[4] ↑Mountaineer Casino
What States Allow Real Money Online Poker
Related Pages:
Poker Laws By State
Comments are closed.