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Is it Legal to Gamble Online in the USA 2024?
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Introduction
It’s been so many years since I wrote the first version of this page that appeared on our website with so many changes to the online gambling market that it would make one’s head spin. In fact, while this page has been updated on a few occasions over the years, I don’t even think the Professional and Amateur Sports Protection Act (PASPA) had been overturned, so online sports wagering would have been illegal, per the Federal Government, everywhere except Nevada.
In the meantime, things haven’t changed too much with respect to either poker or casino-style gaming products being licensed and regulated in individual states. There are a few states, such as West Virginia, to have authorized some websites, but the majority of states have not.
Of course, this page desperately needed a rewrite as more than half of the states now have legalized sports betting, and the majority of those make it legal to bet on sports online. In most cases, a punter can expect to see websites such as DraftKings and Fanduel, though a few states have unusual laws (such as Mississippi and Washington) that tie any form of mobile sports betting to being at a physical location, such as a casino, in order for the bet to be made legally.
We will get into all of that and more. Additionally, for those states with no online gambling, we will explore whether or not it is legal for players to play online at all. Additionally, for states with legalized online sportsbooks, we will determine whether or not playing at websites that offer casino-style games, or poker, is illegal for potential players to do.
Get strapped in, we’ve got a lot to cover.
Depositing and Withdrawing when in the US
Please see below for a table of the withdrawal/deposit and banking term rankings. Click on the casino name for a detailed look at the withdrawal and deposit score of each casino and how we determined each. More information about deposit and withdrawal terms for US players can be found here.
US Online Casinos Deposit & Withdrawal Grades View All
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Minimum Desposit Grade $25 (Bitcoin)/$50 (Credit/Debit Cards)C-
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Cashout Limit Grade $10,000 Weekly; $25,000 par transaction (Bitcoin Exclusive customers)A++
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Cashout Times Grade KYC: up to 2 hours; Bitcoin: within 48 hours;E-
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Minimum Withdrawal Grade $50(Bitcoin)E-
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Low Rollers GradeF-
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High Rollers GradeB+
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Minimum Desposit Grade $10 (Crypto)/$500(Wire Transfer)A-
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Cashout Limit Grade $100,000 (Bitcoin) WeeklyA++
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Cashout Times Grade KYC: Up to 3 business days; Pending time: 24 hours; Bitcoin: Within 24 hours; Check: Within 7 business days; Wire Transfer: Within 15 business daysF+
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Minimum Withdrawal Grade $20 (Crypto)/$500(Wire Transfer)B--
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Low Rollers GradeF--
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High Rollers GradeF--
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Minimum Desposit Grade $10 (Bitcoin)/ $20 (Credit Cards)A-
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Cashout Limit Grade Check: $3,000 (One withdrawal per seven days); Bitcoin: $9,500 (One withdrawal per three days)D++
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Cashout Times Grade KYC: 24-48 hours; Pending time: 24 hours; Bitcoin: up to 24 hours; Check/Bank Transfer: 10-15 business daysF+
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Minimum Withdrawal Grade $10 (Bitcoin)/ $100 (Check)A-
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Low Rollers GradeC
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High Rollers GradeD
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Minimum Desposit Grade $10 (Bitcoin)/$35 (Credit/Debit Cards)A-
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Cashout Limit Grade $4,000 WeeklyC++
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Cashout Times Grade KYC: Within 2 business days; Pending time: Within 3 business days; Bitcoin: 24-48 hours; Bank Transfer/Check: 3-5 business daysD++
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Minimum Withdrawal Grade $30 (Bitcoin)/$200 (Bank Transfer/Check)D++
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Low Rollers GradeF-
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High Rollers GradeA
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Minimum Desposit Grade $10 (Bitcoin)/$35 (Credit/Debit Cards)A-
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Cashout Limit Grade $4,000 WeeklyC++
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Cashout Times Grade KYC: Within 2 business days; Pending time: Within 3 business days; Bitcoin: 24-48 hours; Bank Wire/Check: 3-5 business days;E++
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Minimum Withdrawal Grade $30 (Bitcoin)/$200 (Bank Transfer)D++
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Low Rollers GradeF-
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High Rollers GradeA
- Casinos with Fair Max Cashout Limits
- Online Casinos with the Best Cashout Times
- Casinos by Minimum Deposit
- Casinos by Min Withdrawal
- Fast Withdrawal Casinos
Recent US Developments In The Online World
The biggest development that caused a change in the attitude toward online gambling is the repeal of the Professional and Amateur Sports Protection Act (PASPA) by the Supreme Court of the United States. The original law of the land was betting on sports, and being an operator or bookie were patently illegal anywhere in the country and would be done in violation of Federal Law.
Indeed, PASPA applied to mere punters, too, which is why many offshore online casinos that operated within the U.S. did not offer sportsbooks to players. There were a few that did, but most of them shied away from it as it was categorically illegal for players to even play there.
Of course, people are going to bet on sports; it’s just a simple fact. For those bettors who did not look to offshore sportsbooks or illegal bookies, many of them just made private bets with one another, engaged in fantasy sports, or even created their own games built around picking against handicappers’ lines. Speaking of, I hear that those WoV Picks Games are a lot of fun, so you should make sure to keep an eye out for them and play!
That blew the door wide open for sports betting both in-person and online, which a great many states would have already been offering in their land casinos, except for the fact that they couldn’t, because Nevada was the only state to take advantage of its exception. Ironically, New Jersey (who was one of the states leading the push for the overturn) could have had sports betting prior to PASPA taking effect, but did not implement it in time.
With that, almost all states with Commercial Land Casinos now have sportsbook available via in-person betting, online betting or both. One of the only exceptions that I can think of is that of Missouri, where some of the state’s politicians are working to get it authorized.
With that, we present the following map of the status of online gambling for each state. This map will tell you what kinds of online gambling is regulated by the state, if any, as well as whether or not it is legal for players to play at offshore casinos and sportsbooks.
Casinos that allow US players View All
ALABAMA
- Regulated Online Casinos: No
- Regulated Online Sportsbooks: No
- Gambling Online Legality: Ambiguous
Alabama law makes it pretty clear that operators of online gambling enterprises, as well as any other form of unlawful gambling, are committing a crime and are subject to punishment.
There are a couple of laws in the State of Alabama that would seem to make online gambling illegal. One makes it a Class C Misdemeanor to, "Knowingly advances or profit from unlawful gambling activity as a player." However, if there is nothing specifically in the Alabama code to make online gambling patently illegal, then I would suggest one is not engaged in, "Unlawful gambling activity." There is another statute that prohibits, "Possession of a gambling device," which is a Class A Misdemeanor. However, the gambling device is illegal if it is, "Any other gambling device, with the intention that it be used in the advancement of an unlawful gambling activity."
Absent anything in Alabama law actually declaring online gambling to fall under the purview of, "Unlawful Gambling Activity." The only thing related to online gambling that Alabama law makes clear is that an individual or company cannot operate Online Gambling within the State, but that is because an individual or company cannot operate for-profit gambling on any kind within the State.
With that, operators or those conducting gambling games with some sort of house edge, or vigorish, other than those authorized by the state are committing a crime, but we do not believe that applies to people who are just playing at online casinos.
Most recently, Alabama (2022) introduced Senate Bill 294, which you can find here, which would have authorized sports wagering, and more to our purposes, online sports wagering to be licensed and regulated through the lottery department, but that bill died a legislative death without ever even making it to a vote.
The earliest we would expect online sports betting to be legalized in Alabama would be 2024, though we consider that highly unlikely. The state’s politicians don’t see to have much interest in advancing the question. As far as online casino gaming goes, it would not surprise us if that never became legal in the state.
ALASKA
- Regulated Online Casinos: No
- Regulated Online Sportsbooks: No
- Online Gambling for Players: Technically Illegal
Alaska is an interesting state in that they’re really too small and scattered to really care what anyone does with their free time and their own money, for the most part.
Another thing that we notice is that, while playing at online casinos in Alaska is technically illegal, the first offense in the state is only termed a, “Violation,” and comes with no actual penalty. More than that, we can find no instance of anyone ever being charged with this particular violation.
Further violations become misdemeanors, so in the extraordinarily unlikely event the state catches you unlawfully gambling online, and actually decides to do something about it (spoiler alert: this won’t happen), we guess just don’t do it again.
Perhaps surprisingly, a bill has been introduced that would permit mobile sports wagering in the State of Alaska, but so far there is nothing that would relate to online casino-style gambling or poker. That bill was transferred to committee in February of 2022, and hasn’t made it out of committee as of December, 2022, so it won’t be happening this Legislative session.
The bill itself is also pretty bare bones. It would also be interesting to see how Alaska plans to regulate sports betting as the state does not have a lottery department, land casinos or any other form of Commercial gambling to speak of. Typically, online sports betting is the purview of the same agency that regulates land casinos, and in states with no such agency, the lottery departments typically handle it.
We think that Alaska players hoping for regulated online sports betting are going to have to hope for awhile longer and it’s quite possible that state-regulated online casino-style games will never happen at all.
ARIZONA
- Regulated Online Casinos: No
- Regulated Online Sportsbooks: Yes
- Online Casino Gambling Illegal: Yes
The first thing that we note about Arizona is that the state is home to licensed online sportsbooks, which is a pretty recent development having just happened in 2022. However, there is no lawful online casino-style gambling in Arizona, and state law makes it fairly clear that online gambling at non-licensed entities is illegal for players.
Whether or not it would ever be enforced, the language of Arizona State Law (which allows Social Gambling) makes it pretty clear that online gambling is illegal. "Benefiting from Gambling," is a Class I Misdemeanor, and it is defined as, "Except for amusement or regulated gambling, a person commits benefiting from gambling if he obtains any benefit from gambling."
There are much stricter laws concerning operators of illegal casinos, of course.
That said, we could find no instance of someone ever being prosecuted in the State of Arizona for playing at an offshore online casino and seriously doubt that any such would ever happen.
While the state has not allowed for regulated casino-style gambling, or poker, sportsbooks are now legal in the state and most of the operators are the ones that players can find in other states with legal online sports books, DraftKings is one example.
Upon doing a fairly thorough search, we were unable to uncover any Legislation, as recently as December of 2022, that would indicate any possibility of online casino-style gaming become regulated within the state. Also, all of the state’s land casinos are Tribal, rather than commercial, so we would suspect that they would be highly opposed to having to compete with online. For that reason, if Arizona is ever going to authorize online casinos at all, we suspect it would happen in late 2023 at the earliest.
However, if it goes through the same websites as the sportsbooks, then it should be able to be implemented fairly quickly as many of the sportsbook sites (maybe all) also operate online casinos elsewhere in the country.
ARKANSAS
- Regulated Online Casinos: No
- Regulated Online Sportsbooks: Yes
- Online Casino Gambling Illegal: Yes
The first thing to note about Arkansas is that their law states, "Any money or property may be won.,” in their definition of Gambling and makes it illegal to gamble in any fashion that has not been specifically authorized by the state.
Of course, many states, particularly very conservative ones, tend to have a more positive disposition to online sports betting than they do with online casinos. Arkansas is no different in this regard, but has very few online sportsbooks because they charge a tax of 51% on all net revenues, whereas the average tax usually lives somewhere in the 5-15% range.
For that reason, major operators that can be found in other states have little interest in Arkansas. Arkansas’ population is also fairly small, so the major operators wouldn’t want to signal to larger states that they are willing to put up with a 51% tax rate.
New Hampshire is an exception to this as DraftKings operates there at a 50% tax rate on all revenues; however, DraftKings also has five years of exclusivity in the state, so they have no in-state competitors to deal with for the regulated online sportsbook market; they are the market.
In the meantime, there have been many bills introduced, one as recently as 2022, that would authorize and regulate online casinos; however, none of these bills have ever made it out of committee. For that reason, we do not expect the state to have online casino-style gambling anytime soon.
While gambling online (even as a player) is technically against the law, per the usual, we have found no instance of any player ever being prosecuted for acting in the capacity of a player, rather than an operator.
CALIFORNIA
- Online Casinos: No
- Online Sportsbooks: No
- Online Gambling Illegal: No (But theoretically could be in individual jurisdictions)
The first thing about California to cover is that there is no statewide law that would prohibit players from gambling online, however, the state law does enable lesser jurisdictions, such as counties, cities and municipalities to implement their own laws. As the previous page listing the states said:
Beyond that, California is completely ambiguous because there is no State law that would serve to explicitly prohibit players from gambling online, (operators would be doing something illegal under California State Law) but lower levels of Government than the State itself could enact Legislation making such an act illegal. Therefore, I would suggest that any California player would want to research to determine if there are any laws in his/her locality prohibiting online gambling.
With that, if the legality of gambling online (as a player) is something that you are very worried about, then we would suggest consulting your local laws. If there is nothing in your local laws stating you cannot, then based on our research, it would not be illegal at the state level.
According to Cal Matters, the question of legalized online sports betting went to a public vote and failed resoundingly, 83%-17%, which seems like a very strange outcome to me. You would think that a highly Liberal state, such as California, would favor allowing people to do as they wish with their own money, but we guess not.
The state also had a vote to allow in person sports betting at both Tribal Casinos as well as the states private horse racing tracks; that proposition did not fail by as much, with the vote going 30%-70% with the side against winning.
Once again, we have no idea why the citizens of California would have ever been against this, after all, just because you can doesn’t mean you have to. In this writer’s opinion, it’s just a highly surprising outcome given what is otherwise an extremely liberal state. Besides, the state is going to miss out on some serious tax revenues as Californians will place their sports wagers and play at online casinos elsewhere.
Either way, the tribes are evidently celebrating the result, quoting from the above-linked article:
But there’s another group of tribes, including the San Manuel Band of Mission Indians and the Rincon Band of Luiseño Indians, that had proposed a third sports betting legalization measure. Their measure would have allowed tribes to offer in person and online sports betting exclusively. It didn’t make it on to the 2022 ballot and recently failed to gather enough signatures to make it onto the 2024 ballot as well — but that doesn’t mean the idea is off the table.
“Our group feels that [measure] is the best path forward for online sports wagering in California,” said Roger Salazar, a spokesperson for a coalition that campaigned against Prop. 27 and includes those tribes.
You’ll come to discover that the case is similar in one or two other states; the tribes are highly opposed to not having exclusivity in sports betting, both land and online, in states where there are no Commercial Casinos. California does have Commercial Card rooms, but we did not find anything about those entities making a push to operate sportsbooks.
COLORADO
- Online Casinos: No
- Online Sportsbooks: Yes
- Online Casino Gambling Illegal: Yes
The first aspect that we have to cover is, according to our previous writing, the fact that the state considers gambling online (in any form not authorized by the state) to be illegal. Quoting from the previous version of this page:
The State of Colorado dictates that anti-gambling laws be construed, "Liberally," and other than Social Gambling or Gambling authorized by the State, any other form of gambling (as a player) is a petty offense that could result in a fine. Gambling constitutes a Class 1 Petty Offense. The Colorado Department of Revenue site makes this clear.
In any event, the state really doesn’t seem to care as long as it gets its slice, as they were pretty quick to authorize online sports betting as soon as it became possible to do so.
Amusingly, the Department of Revenue’s website still decares all online gambling to be illegal:
Internet gambling is illegal under state and federal laws. Colorado law prohibits the transmission or reception of gambling information by any means. The federal Unlawful Internet Gambling Enforcement Act, signed into law in October 2006, prohibits online gamblers from using credit cards, checks and electronic fund transfers to place and settle bets. Further, the federal 1961 Wire Act also prohibits the use of wire communications in interstate or foreign commerce for the placing of bets or wagers or information assisting in the placing of bets or wagers.
Wait a minute…how can it be legal under state and federal laws when you literally offer online sportsbooks, which are regulated by the state? I think it might be time to update that page, Colorado.
Also, the Unlawful Internet Gambling Enforcement Act doesn’t prohibit gamblers from doing anything you bunch of liars, it prohibits United States based financial institutions from knowingly conducting business with offshore online casinos.
Furthermore, how could one surmise that the 1961 WIRE Act covers that, at least for offshore casinos, when online gambling did not even exist at the time that was written?
In any event, a Petty Offense is nothing and it doesn’t even appear as though the charges graduate (if you are acting in the capacity of a mere player) per incident. Furthermore, we have found no instance of anyone merely playing at an online casino ever being prosecuted by the state. With that, while it is technically illegal, we don’t think players would actually have anything to worry about.
CONNECTICUT
- Online Casinos: Yes (But there are only two)
- Online Sportsbooks: Yes
- Online (Offshore) Casinos Illegal for Players: We don’t think so.
If following the letter of the law is very important to you, then we would have to recommend that you consult with an attorney, even though we have found no instance of someone being prosecuted for the mere act of playing online even before Foxwoods and Mohegan Sun were authorized to offer online casinos.
The prior version of this page stated as follows:
Connecticut law is completely clear and unambiguous that Gambling is a crime, specifically, a Class B Misdemeanor. Until the State explicitly makes online gambling (in any form) legal, it is illegal. It is difficult to speculate whether or not the law is strictly enforced.
At that time, we decided that gambling online (even as a player) was patently illegal, based on the law. However, online gambling at the state-regulated casinos and sportsbooks is now legal, so one would have to assume that Connecticut would need to make a separate law specifying that players can ONLY gamble at state-regulated online casinos and sportsbooks and to do so otherwise is illegal; we have seen no evidence of such a law being created.
The two operators that are regulated through the state are DraftKings and Fanduel, who again, are directly tied to Foxwoods and Mohegan Sun for state purposes. In any event, it probably won’t take you too long to play new player bonuses for only two casinos, so if you are looking for more, please feel free to check out some of the casinos we have listed on this webpage.
DELAWARE
- Online Casinos: Yes, One
- Online Sportsbook: Yes (But there aren’t any yet)
- Offshore Online Gambling Illegal: No
Per the usual, you would want to check with an attorney, but our findings would indicate that gambling at offshore sites is not illegal as long as you are not actually operating an offshore online gambling site. As our previous page stated:
Regulated online gambling is legal in Delaware, and nothing in that bill would tend to make it appear illegal to play at unregulated sites. However, it is illegal under Delaware law to own a, 'Gambling Device,' and is a Class A Misdemeanor. On the other hand, if they wanted to extend the definition of, 'Gambling Device,' to be a computer, then you could not play at their regulated sites which are definitely legal!
Therefore, prior to Delaware authorizing their own online casinos, playing online would most likely have technically been illegal, though we could find no instance of anyone ever being prosecuted for that. However, Delaware has since legalized and regulated online casinos and sportsbooks, which forces us to assume that players can play anywhere they want to, absent a separate law being created to specifically say otherwise.
Delaware also has a regulation system in place for online sports betting, so that is legal, but there are presently no actual operators in the state. It’s an extremely small state and any operators would have to have ties to a land casino, but since the online casino-style games were legal first, those sites are already in place.
We imagine someone like DraftKings will eventually make it into the state with one of the existing websites running a sportsbook, “Powered by DraftKings,” or some such, but that hasn’t happened yet. If you want to get online bets down, you’ll have to look to do so offshore, take a short little drive to a state like Pennsylvania or just call a friend and see if they wouldn’t mind handling an account for you.
Online poker is also legal in the state, but from what we have heard, given the state’s limited population, it can be difficult to find the game you want at the limits you want, sometimes.
The three land based casinos in Delaware all share in the state’s lone regulated online casino.
FLORIDA
- Online Casinos: No
- Online Sportsbook: Not at this time. (In Litigation-December, 2022)
- Playing Online Illegal: Yes
As we found the last time around:
Florida has some regulated gambling, and it is a Second-Degree Misdemeanor to engage in any form of unregulated gambling within the State. Since online casinos outside of the State of Florida fall under this purview, playing at them is patently illegal. It is difficult to say whether this law is really enforced, probably not.
With that being said, we could find no instance of anyone being prosecuted for merely playing at an online casino from The Sunshine State.
There have been a few instances of, “Internet Cafes,” being broken up and arrests of illegal operators, and sometimes players, being made over the years, but that’s an entirely different thing. Internet Cafes are sort of closed enterprises where you supposedly buy credits that give you so many minutes on a device, but really, you are using the device to gamble. In other words, their goal is to say that they are not actually gambling in cash, which is a ridiculous argument.
The Florida online sportsbook situation is kind of in limbo, so we would encourage you to research that for yourself if you are interested in the goings-on. The short story is that the Seminole Tribe was offering an online sportsbook on sort of a presumptive legality basis, through a deal with Governor Ron DeSantis, but the deal was itself illegal.
According to Click Orlando, the problem with the deal is that the Tribal Compact, it is challenged, only applies to Indian lands, so offering an online sportsbook that is accessible by anyone of age in the state, anywhere in the state, constitutes an illegality. Quoting, in part:
“It was so obvious from the outset that this compact violated federal law,” Wallach said. “It’s called the Indian Gaming Regulatory Act (IGRA), and it governs the conduct of gaming on Indian lands and nowhere else.”
The 30-year compact, which was announced by the governor last year, essentially gave the tribe control over Florida’s gambling kingdom, but Wallach said the deal exceeded the boundaries of what’s allowed under IGRA by including online sports gaming.
The ultimate question might come down to, provided the servers are actually on Seminole land, does the bet take place where the player makes the bet, or where the servers are located? If it takes place where the servers are located, then one could argue that the bet is being made on Seminole land.
In any event, would-be Florida punters are probably finding themselves perplexed by the fact that they could once legally bet online and now they can’t. I wonder what the disposition of any futures bet that had already been made will be?
GEORGIA
- Online Casinos: No
- Online Sportsbook: No
- Online Gambling Illegal for Players: Yes
In the case of Georgia, our earlier look into the law would still apply:
Notable are terms such as, "Any slot machine, simulations or variation thereof," and, "Any video game machine or device, operated for any consideration, for the game of poker, Blackjack, any other card game or Keno.....etc"
The long and short of it is, while Georgia law may not specifically address online gambling, it does address virtually every way an individual can possibly gamble online. The result:
That being said, the State of Georgia is making some headway, though not very much, into legalizing online sports betting. According to CBS Sports, legislation has been introduced to this effect, but thus far, it has not made it to an actual vote.
We suspect that it may be a few years before The Peachtree State has licensed and regulated sportsbooks operating and also find it quite possible that they will never have online casinos. For one thing, their surprisingly healthy Skill Game industry would probably lobby pretty hard against the state getting any forms of online casino.
Furthermore, there are no land-based casinos in Georgia at this time. Generally speaking, when a state authorizes online casino-style gambling, they require a website to have direct ties to one of the physical properties within the state, in fact, that is true in every state in which online casino games are presently regulated.
When it comes to sportsbooks, on the other hand, a few states have legalized online sports betting wherein they do not have any land-based casinos at all. Typically, they will have these regulated by way of the Lottery Department.
With that, we’re not even sure there’s a framework in place by which Georgia could even regulate online casinos. For one thing, they would have to draft actual gaming regulations, though we suppose they could just copy and paste those of Nevada, change the tax percentage to something much higher and call it a day!
In any event, while gambling online is illegal in the state, even in the capacity of a player, we have uncovered no instance of anyone ever being prosecuted for doing so.
HAWAII
- Online Casinos: No
- Online Sportsbooks: No
- Illegal to Play Online: Yes
As we discovered with our previous look into The Aloha State:
The State Legislature of Hawaii is completely out of its mind. If it were me, I would legalize every form of gambling imaginable immediately! Combine that with how highly-praised Hawaii is as a tourist destination already, and you have a guaranteed cash cow. Instead, engaging in any form of gambling other than Social Gambling or Home Games is patently illegal under Hawaii law. The law restricts any form of betting in, "Contests of chance."
Of course, I figured out one of the reasons why residents might not be too keen on casinos: From watching travel videos, I have determined that the citizens of Hawaii really do not enjoy having tourists all that much! I can’t speak for the politicians, but I imagine some of the denizens would be against casinos not in spite of the fact that it would give people another reason to visit the state, but because of it.
In any event, according to the Civil Beat, any push for legalized online sportsbooks seems to have stalled out thus far. The citizens of the islands simply seem to not have any great appetite for Commercial Gambling, although, we have heard that there are many social gambling games, some quite unique, that enjoy some popularity.
In the meantime, if someone wanted to jump on their computer and play at an online casino, we could uncover no instance of the state actually prosecuting a player for doing so.
One question that we would have, assuming Hawaii ever authorizes online sports betting, is what entity is going to regulate it? In states with no land-based casinos, from what we have seen, this task usually falls on Tribal Casinos in the state or on the lottery department, but Hawaii has neither of those two things, either!
IDAHO
- Online Casinos: No
- Online Sportsbooks: No
- Illegal to Play Online: Yes
The first item to cover, pursuant to our previous writing:
All forms of gambling, except for those allowed by the State, are prohibited in the State of Idaho and gambling is a Misdemeanor. It is unknown whether or not this is ever enforced for online gambling.
The state has not authorized any legalized and regulated forms of online gambling, therefore, it remains illegal. That being said, we could uncover no instance of a player ever being prosecuted for the mere act of playing online at an offshore casino and seriously doubt that any such prosecution would ever happen.
According to the Idaho Statesman, it’s unlikely that sports betting, much less online sports betting, makes its way to the State of Idaho anytime soon as, the Statesman claims, there’s really no appetite for it. Quoting, in part:
Many other states had a similar blanket ban on gambling, which they amended after lawmakers introduced bills in the House or the Senate. However, no legislators in Idaho have ever introduced a sports betting bill, and there seems to be very little appetite for it.
With that, we can read that not even a single Legislator has attempted to push a sports betting bill whatsoever, which signals to us that Idaho could be one of the very last states to authorize online sports betting, assuming that they ever do so.
The population of Idaho is also safely in the bottom third, so they might have to come up with some sort of deal, similar to that of New Hampshire, to allow for a single exclusive regulated sportsbook in the state to operate in exchange for a very high percentage (tax) of that sportsbook’s revenues. In our opinion, that seems like the way to do it that would work best for the smallest third of states.
ILLINOIS
- Online Casinos: No
- Online Sportsbooks: Yes
- Illegal to Play at Online Casino: Yes
As we discussed in the previous iteration of this page, the state law on forms of gambling that are not regulated by the state is quite clear:
The law is clear in the Land of Lincoln, other than State-Regulated forms of gambling, playing a game, "Of chance or skill for money or other thing of value," is patently illegal. It is a Misdemeanor under the law, but it is difficult to tell how strictly the law is enforced with respect to Online Gambling.
With that, the law is worded in such a way that, even if the state had regulated online casinos, playing at an unregulated one would be illegal. Strangely, at one point about a decade ago, they tried to advance a law that would make online gambling, specifically, illegal, but it never went to a full Senate vote. This would have been a strange development as, to us, the wording of the current code already makes it illegal.
In any event, we have uncovered no instance of a player ever being prosecuted for the mere act of playing at an online casino.
We predicted that online gambling would become regulated in the state around 2020, and while we weren’t exactly right, we were half right. While online casino-style games do not yet exist, the state now has online sportsbooks, with the usual operators that you will find elsewhere in the country in those states where the activity has been legalized.
Illinois Policy has also reported that the state is looking very closely at just how much money online casino-style gambling could bring in by way of tax revenues. What they have noticed is that the answer, and I am paraphrasing, “A hell of a lot of money,” so we would expect the state to have licensed and regulated online casinos pretty soon. This is especially true as they have been one of the most liberal states in terms of gambling throughout the last several decades; they are one of only a few states to have limited Video Lottery Terminals all over the state.
Interestingly, the state was looking at online poker even before the Professional and Amateur Sports Protection Act (PASPA) was reversed, but online poker has still not come into being.
INDIANA
- Online Casinos: No
- Online Sportsbooks: Yes
- Illegal to Play Offshore: Yes
It’s not actually illegal to play offshore so much as whatever device that you are playing on would become an unlawful gambling device under the law, as we found last time we looked into Indiana:
You do NOT want to operate an online casino in Indiana! For the players, though, illegal Gambling is a Class B Misdemeanor. Further, your device would almost undoubtedly become an illegal gambling device under State law.
That said, we could find no instance of an individual player ever being prosecuted for the mere act of gambling online and seriously doubt anyone has ever been charged under that law.
In the meantime, The Hoosier State has legalized online sportsbooks, as well as in-person betting at the state’s casino, since the last time we did a major overhaul of this page.
According to Inside Indiana, state politicians are also taking a close look into how much the state could be bringing in by way of tax revenues on online casino, and possibly poker, products, as well.
However, no such bills in that regard have made it out of committee, as yet. The earliest that such a bill could even theoretically pass is in 2023; however, if it did, then it would not take very long to implement as many of the states sportsbook operators also operate online casinos in other states, such as Pennsylvania.
With that, we suspect that online casinos becoming regulated in the state is going to happen within the next few years, perhaps as early as next year.
IOWA
- Online Casinos: No
- Online Sportsbooks: Yes
- Illegal to Gamble Offshore: Yes-Potential Felony
When we did the first iteration of this page, this is what we found:
Iowa has perhaps the strictest apparent laws on Online Gambling out there. Other than regulated forms of Gambling, it is a crime to, "Make any bet," pursuant to Iowa law, and the penalties can range all the way up to a Felony dependent exclusively on the amounts involved. Furthermore, any monies garnered from online gambling are subject to seizure, as are any monies with any other illegal form of gambling in the State. It is unknown how frequently these laws are enforced.
The law specifically indicates that only regulated forms of gambling are permissible, which would go as far as to include only operators who are licensed within the state, when it comes to both sports betting and casino gambling.
The one thing that has us concerned is the fact that online gambling, depending on the amounts in question, can actually be a felony category crime. You can do as you will, and we have found no instance of someone acting as a mere player being prosecuted for online gambling at an offshore casino, but you might not want to go anywhere near a potential felony.
On a brighter note, the state has authorized both land-based and online sports betting, with the sites operating (in a regulated way) within the state being the same as are found in other states.
However, KTVO reports that Iowa seems to be slowing down its expansion of gambling as it has placed a two-year moratorium on the licensing of new Commercial Casinos. Assuming the same also holds true for online gambling enterprises, we would not expect the state to authorize and regulate online casinos for the next three years, at a minimum.
KANSAS
- Online Casinos: No
- Online Sportsbooks: Yes
- Illegal to Play Offshore: Yes
The first thing to get out of the way is, as we found in the first iteration of this page, Kansas laws are pretty broad in that gambling in any way that has not been regulated by the state is unlawful:
The scope of the law is pretty broad in Kansas, a state in which making, "A bet," is a Class B Misdemeanor unless it is a form of gambling specifically allowed by the State. The laws are probably rarely if ever, enforced.
That being the case, playing at an unregulated website would constitute a Misdemeanor, however, we could uncover no evidence of anyone ever actually being charged under that code.
In the meantime, Kansas, perhaps to the surprise of many, has legalized and now regulates online sports betting. Typically, Kansas is an extremely conservative state, so to seem them do this as it fails resoundingly in California and has not happened yet (as of December 2022) in neighboring, and slightly less conservative, Missouri, comes as a huge surprise.
The Kansas Reflector points out that no version of the bill that would allows for regulated Internet sportsbooks mentioned anything about poker or casino-style gambling. Of course, those looking to advance an online casino bill can expect some serious pushback, quoting the Kansas Reflector, in part:
“Those 65,000 gambling addicts in this state, we’re selling them out. That’s like dropping a bomb on those 65,000 families,” said Rep. Pat Proctor, a Leavenworth Republican who said he’d never bought a lottery ticket. “We have created this monster.”
With that, it becomes quickly evident that not everyone was on board with the sports betting, so one can only imagine that casino gambling online would be an even larger hurdle to clear.
However, if an online casino bill ever did pass, it could be implemented really quickly as Kansas is already home to both Tribal land-based casinos as well as Commercial land-based casinos, such as the Hollywood Casino in Kansas City, Kansas.
KENTUCKY
- Online Casinos: No
- Online Sportsbooks: No
- Gambling Online Illegal: No
As we mentioned in the first iteration of this page:
Kentucky law makes it illegal to, "Advance Gambling Activity," which is something that would apply to operators, rather than players. Kentucky law does not seem to prescribe a penalty for the mere act of gambling as a player whatsoever.
To this day, we still haven’t found any laws that would make it illegal for a person to merely play at an online casino and we do not expect such a law will ever be created.
In the meantime, according to Saturday Down South, a bill that would permit online sports betting, as well as in-person sports betting at the state’s tracks, made it through the House of Representatives, but failed in the Senate. Quoting:
“I think it’s a natural extension of our long history and tradition of betting pari-mutuelly on horses, which is a form of sports betting in my opinion. But there’s still a lot of anti-gambling sentiment in this building,” Thayer said.
The Kentucky House of Representatives approved its sports betting bill by a vote of 58-30 last week. Rep. Adam Koenig’s (R-Erlanger) bill, HB 606, will now move to the Kentucky Senate. If approved by the Senate, it would then go to Kentucky Gov. Andy Beshear for his signature before it becomes law.
It didn’t exactly fail in the Senate, though; instead, the Senate simply did not bring HB 606 to a vote, so Kentucky still gets no sports betting.
That’s actually kind of a huge revenue loss there, especially if Kentucky would not prohibit betting on collegiate sports, because there are some rabid sports fans in the state and it would surely bring it just wheelbarrow and wheelbarrow full of tax dollars.
When it comes to online casino-style gambling, it’s difficult for us to imagine that will ever take off. The state seems pretty staunchly opposed to all things related to casino games, so we would project that any legalization is more than five years away, assuming it happens at all.
LOUISIANA
- Online Casinos: No
- Online Sportsbooks: Yes
- Illegal to Gamble Offshore: Yes
The first thing for us to do is recollect what we said the first time we did this page:
This says it all, "Whoever commits the crime of Gambling by Computer shall be fined not more than five hundred dollars, or imprisoned for not more than six months, or both.":
That remains true, except for online sports betting as that is now legal in the state. Unfortunately, Louisiana added a paragraph that makes sports betting legal in specific cases; naturally, those cases are when the sports betting leads to tax revenues coming into the state.
Honestly, I was hoping beyond hope they wouldn’t have amended that law. I had a hysterical joke ready to pop about the state of education in Louisiana and gambling being both legal and illegal simultaneously.
In any event, the state’s online sportsbooks, of which there are a half dozen or so, are the usual operators that can be found elsewhere. That said, no bill that would allow for online casino-style gambling has ever come anywhere near passing.
We think it’s possible that one might in the next few years as they see the kind of revenue that other states are taking in, more than that, the state’s attitude towards gambling has historically been very liberal as they were one of the first states to have Commercial land-based casinos.
In the meantime, we have found no instance of anyone actually being prosecuted under unlawful gambling laws in the state if they were a mere player gambling at an offshore online casino.
MAINE
- Online Casinos: No
- Online Sportsbook: Yes (But None Exist Yet-December, 2022)
- Illegal to Play Offshore: No
As we established in our first version of this page:
While unlawful gambling is considered criminal in Maine, there do not appear to be any penalties associated with the act of merely being a player gambling online. An absence of any penalties effectively makes the act not illegal.
With that, we determined that players could do whatever they wished provided they are not actually operating an unlawful online casino in Maine.
Since then, according to the Press Herald, Maine has passed a bill authorizing Internet sportsbooks. This is a variation of a previous bill that would have demanded a tax rate of 25% of sportsbook net revenues, which as in New Hampshire (50%) probably no operators would have tolerated unless they could also get exclusivity.
The websites will come in and be tied to the state’s land-based Tribal Casinos, as has been reported, and quoting in part:
Champion estimates the state’s annual cut of sports betting – set in the law at 10 percent of gross revenues after payouts to bettors – will be $3.8 million to $6 million. The tribes would get 50 percent or more of the online revenues, with “providers” such as Draft Kings or FanDuel receiving up to 30-40 percent for hosting mobile apps where bettors place wagers. In addition, 0.25 percent of the gross revenue will go toward federal taxes.
That seems like a decent revenue split and it’s nice that the tribes are going to be the primary benefactors of this gambling expansion. It would be unfortunate to see the state, which really doesn’t need the money (Maine is quite flush) take a bigger cut than necessary to the detriment of the tribes.
In the meantime, these sportsbooks aren’t expected to actually go live until sometime in 2024, for reasons beyond our comprehension. There’s honestly no reason why it should take that long as other states, some without land casinos, got online sports betting up and running within mere months of the passage of the bills.
It’s hard to say when Maine will authorize online casino-style gambling in the state, but we imagine that it’s probably just a matter of time. Eventually, they will have no choice but to note the revenue inflow to other states and, more than that, Maine and the Native American casino operators have a very agreeable relationship and we are quite confident the tribes would want to be able to get a cut of online casino-style gaming revenues, as well.
MARYLAND
- Online Casinos: No
- Online Sportsbooks: Yes
- Illegal to Gamble Offshore: No
Once again, you would want to check with an attorney, but our previous take on Maryland law that would have made online gambling illegal was based on this:
Pursuant to Maryland Law, both the use of a, "Gambling Device," and the possession of a Gambling Device are crimes that can result in various fines and even up to two years in prison for playing a gaming device.
However, it would seem that a computer or phone is now allowed to be a gambling device, if one is a player, as mobile sports betting is now legal in the State of Maryland. We never were able to dig up any law that made it flatly illegal to play online the first time we did a page like this, so we relied on the notion that the device would become a gambling device.
A bill that would authorize online sports betting passed in 2020, online sports betting went live in the Baltimore area in 2021, and as of November of 2022, it is available in the entire state. The state has about a half dozen regulated sportsbooks online, all of which can be found in the border state of Pennsylvania.
Our opinion is that Maryland will legalize and regulate online casinos within the next two to three years. We have that opinion, and Public Gaming agrees, for several reasons:
1.) Maryland already has Commercial Land Casinos:
- The first reason is the fact that Maryland already has land-based Commercial Casinos, which so far, is something true of every state that has allowed for regulated casino-style gaming and poker.
2.) Bordering states have Commercial Online Casinos Already:
- That’s right, Maryland is actually way behind on this one as bordering states, such as Pennsylvania and West Virginia, already have online sportsbooks and casino-style games. Eventually, Maryland is going to have to take notice of the semi-trucks full of cash that these states are bringing in via taxation and decide they want those gamblers to hop online and play, as well.
Anyway, people with interest in a regulated online casino product, but no interest in sports, will just jump the border and play elsewhere until such time as Maryland also gets some casino-style gaming in the state.
MASSACHUSETTS
- Online Casinos: No
- Online Sportsbooks: Yes
- Illegal to Gamble Offshore: Yes, Technically
The State of Massachusetts has laws both prohibiting unregulated gambling (even as a player) as well as gambling in a public place. The first iteration of this page cited:
Essentially states that individuals doing any form of gambling and winning five or more dollars (except State authorized gambling under Chapter 23K) could be fined double the amount of the money that was won gambling.
With that, there’s no jail time involved and we have also never heard of anyone actually being charged under this statute for playing online, so while it’s technically illegal, it is also extraordinarily unlikely that someone would get in any trouble for doing so.
In the meantime, NBC Boston reports that online sports betting has passed in November of 2022, so operators are now in the process of getting licensed and websites should be kicking off in time for the kickoff of the 2023 NFL Season, probably earlier.
In most states with land casinos, online operators have to have some tie to one of the state’s land-based casinos, whether that casino is commercial or Native American. Massachusetts is a little different in that they decided to allow for as many as seven mobile only sports betting licenses, though only six entities have applied for them thus far. Quoting from NBC:
The six companies that applied by Monday's deadline are: Bally Bet, Betr, Betway (DGC USA), DraftKings, FanDuel, and PointsBet. One mobile betting company, bet365, filed an application to eventually partner with Raynham Park, which was not subject to Monday's deadline.
The applications received by Monday's deadline will be reviewed during public meetings of the Gaming Commission. The commission said Monday that more information on the scheduling of those meetings is forthcoming.
Each company that applied for a sports betting license also had to submit a non-refundable $200,000 application fee by Monday. That means the Gaming Commission took in $3 million in application fees Monday.
These are the usual suspects in most other states, though I don’t think I’m very familiar with either Bally Bet or Betr. In any event, that seems like a healthy amount of competition in the state, so one would expect the new player promotions to be pretty stellar as these websites start to launch.
That bill did not include any provisions that would authorize online casino-style games or poker, but we suspect that it will likely happen within the next few years as Mass. sees the truckloads of money being driven to other states’ capitals and decides they want to get some of that action. Beyond that, the fact that they are willing to offer, “Mobile only,” licenses indicates that they are open to the general concept of Internet-based gambling.
MICHIGAN
- Online Casinos: Yes
- Online Sportsbooks: Yes
- Illegal to Play Offshore: No
The previous law in Michigan was that players could not gamble in any fashion that was not permitted by the state, which online sportsbook and casino now are, so absent a law that specifically states that players may not play on websites outside of the state, we must assume that doing so is legal.
Michigan was one of the states party to the lawsuit that went to the Supreme Court to get PASPA overturned and has been home to Commercial and Tribal Casinos alike for several years. Sports are also a pretty big deal in the state, so there probably would have been some kind of riot if residents hadn’t gotten legalized sports betting online.
Anyway, the expansion of online gambling and sports betting comes as no surprise in Michigan. If anything surprises us, it is how far behind Michigan Ohio is when it comes to these activities.
MINNESOTA
- Online Casinos: No
- Online Sportsbooks: Not Yet (December 2022)
- Illegal to Play: No
For the time being, what we found in our first iteration of this page continues to hold, which was:
While an individual who, "Makes a bet," has committed a Misdemeanor pursuant to State Law, it does not seem to carry any penalties. Minnesota proscribes a number of penalties for, "Gross Misdemeanors," in the next section of the law, but none of those would seem to apply to online players:
With that, it is technically a crime, but not one that actually has a penalty associated with it. Could you imagine that going to the judge? “I find you guilty, sir, of misdemeanor betting. That is all. Have a nice day and make sure to watch out for deer and tell your folks I says hi.”
Anyway, nobody has ever been prosecuted under this law that carries with it no penalty that we can find. In the meantime, according to Total Packers, there are a number of Legislative hangups in attempts to get online sports betting passed in the state.
This is kind of a variation of the problem in Florida, just in reverse. In the case of Minnesota, the Legislature has presented a bill that would allow the Tribes to engage in in-person sports betting at their casinos, and would also allow the tribes to have their own online sportsbooks.
Fantastic, right?
The hangup with this that the tribes have is that the current version of the bill, upon our further research, would extend in-person and online betting to the state’s Commercial racetracks, which is an element that the tribes are against.
In other words, sports betting would already be a reality in the state, except the tribes want an effective monopoly.
With that, the earliest Minnesotans can expect to see passage of a bill allowing for online sports betting is going to be in 2023, and even if it happens, it might not be until 2024 that it can be implemented. The tribes are typically opposed to any expansion of gambling, so if the question of online casino-style gambling ever comes up, then you can probably expect a variation of the same argument. As a result, we wouldn’t expect to see online casino style gambling for a few years, at minimum.
MISSISSIPPI
- Online Casinos: No
- Online Sportsbooks: Yes, barely.
- Illegal to Play Offshore: Yes
As we discovered the first time we did this page, the laws applying to unlawful gambling are not particularly ambiguous:
The long and short of it is that, if you engage in any form of gambling other than those authorized by the State, then you face a fine of up to $500 and up to ninety days in jail if said fine is not paid.
You could also be fined for whatever amount you won.
Of course, we have never uncovered an instance of a player being fined for the mere act of playing online.
That brings us to the legalization of sports betting in the state, which applies to in-person retail betting as well as online betting—technically.
As of the time of this writing (December 2022), BetMGM is the only actual online sportsbook in the state, which comes as no surprise, because Mississippi has a bizarre law that states that a person MUST be geolocated to be on the property of a physical casino within the state in order to make sports bets online. We suppose that might be mildly convenient for when the physical sportsbook is closed, or perhaps could enable a casino to never actually need a physical sportsbook at all, but it’s pretty darned pointless aside from that.
Which is probably why BetMGM was the only one to bother, as the websites and app were already extant at the time this law passed.
Mississippi is usually pretty liberal when it comes to gambling laws, if nothing else, so we would expect unrestricted online sports betting as well as online casino-style gambling to become a reality one of these days, but it might be a few years. There have been bills drafted, such as this one, that would authorize online sports betting and casino across the entire state, but all have died a Legislative death and not made it to a full vote so far.
MISSOURI
- Online Casinos: No
- Online Sportsbooks: No
- Illegal to Play Online: Yes
As we found in the previous iteration of this page, to gamble in any fashion that has not been specifically regulated by the Show Me State is technically illegal. Is that law ever enforced when it comes to someone acting in the capacity of a player at an online casino? Not that we have ever seen.
In the meantime, according to Fox, there has been a bill to try to get sports betting, both retail and online, legalized in the state. Unfortunately, that bill died a Legislative death and did not make it to a full vote. With that, we would expect that Missourians will have to wait until 2023, at the earliest, for such a bill to even theoretically be passed which means a likely wait until 2024 for any online sportsbooks to be available.
The good news is that you can always, if you live on the Western side of the state, drive over to that Liberal bastion of…Kansas?! On the Eastern side of the state, you can hop over to Illinois to make your sports bets. If you live in the center part of Missouri, my only question is, “Why haven’t you moved yet?” (This is just a little joke; I used to live in the state)
The full text of the bill can be found here and we would expect for the text of any bills to follow to be substantially similar. The biggest hangup that the bill has, so far, is that it has not actually gotten a vote!
Personally, I think that this bill would have a better chance if they separate it into two bills: one for retail sports betting (read: in-person) and one for online sportsbooks. My opinion is that in-person betting would pass easily as the state’s casinos are on the borders of other states that already have sports betting legalized. After that gets passed, then probably work on pushing an online bill.
MONTANA
- Online Casinos: No
- Online Sportsbooks: Yes, barely.
- Illegal to Play Offshore: Yes, up to a Felony.
Montana is one state, despite the many forms of legal and regulated gambling that exist within, that leave no doubt that they consider unregulated forms illegal. As we highlighted in our previous iteration of this page:
23.5.112(20) and 23.5.112(21) combine to define Internet Gambling and to construe it as a crime. 23.5.156 offers a misdemeanor penalty for any illegal gambling device or illegal gambling enterprise in which, "A person who in an activity involving gambling offers or obtains money, property, or anything of value that does not exceed $750 in value by misrepresentation, fraud, or the use of an illegal gambling device or an illegal gambling enterprise is guilty of a misdemeanor and is punishable as provided in 23-5-161." If it is over $750, the language is the same and it is a felony punishable by 23-5-162.
The Misdemeanor shall result in a fine of no more than $500 for a first offense, up to six months in County Jail or a fine up to $1,000, or both, for a second offense within five years, a fine of up to $10,000 or up to a year in County Jail, or both for a third offense within five years, and for a fourth offense a fine of up to $10,000 and imprisonment for up to 1 year or both.
Of course, we could find no instance of anyone being prosecuted under this law for the mere act of playing at an online casino and suspect that no such has ever happened.
In the meantime, the State of Montana has authorized both retail (in-person) as well as online sportsbooks to operate within the state. There aren’t very many of them, however, as the law specifies that an individual placing an online bet must be geolocated within so many feet of one of the retail betting locations.
Basically, assuming the lines would be the same, the only reason there really is to use the website is if you are betting outside of normal operating hours of the physical retail book.
We don’t think online casinos would be authorized and regulated in the state any time soon as that would be harmful to the state’s, “Casinos,” which are really just bars and lounges with a handful of machines, for the most part. Either way, an online product could pull business from those, so seems unlikely to happen anytime in the next several years.
As to the question of whether or not sports betting will expand to allow for Internet betting anywhere in the state, that seems unlikely, because a separate version of the law passed that would have allowed for that, but the Governor signed the current version.
NEBRASKA
- Online Casinos: No
- Online Sportsbooks: No
- Illegal to Gamble Online: Yes
As we covered in the first iteration of this page, Nebraska has a law that terms the violation, “Promoting Gambling,” which applies to basically any form of gambling not specifically authorized by the state. As we stated last time around:
This state defines gambling as risking, "Something of value," on any game that has an element of chance and any form of gambling not specifically permitted by the State is illegal. Section 28-1104 calls for a Class IV Misdemeanor for a player who bets less than $500 in one day.
If you bet more than $500, even as a player, you have committed Promoting Gambling in the Second Degree.
Promoting Gambling in the First Degree does not appear to apply to the players themselves.
Section 28-1110 also provides that it is not a defense to contend that the gambling is conducted outside of the State in a jurisdiction in which gambling is permitted. Finally, Section 28-1111 calls for forfeiture of any monies used for the purpose of illegal gambling to the State.
It is also worth noting that section 28-1110 would apply to gambling at offshore gambling sites, specifically, as it makes clear that it doesn’t matter if the gambling is legal on the other side of where it is being conducted.
With that said, we have heard of no instance in which a player was actually prosecuted under this law for the mere act of playing online. We also have no idea how law enforcement would ever find out about it unless, for some bizarre reason, you went up to them and decided to turn yourself in.
As of the time of this writing, Nebraska has no regulated Internet casinos or sportsbooks. However, sports betting has recently been made legal, according to KETV, but that only applies to betting in-person.
State lawmakers go to great lengths to make clear that this does not apply to mobile wagering and also does not allow for mobile wagering even within the property of the sportsbook retailer, as states such as Mississippi and Montana do allow for.
With that, it is our tendency to believe that the political attitude is such that online sports betting could be several years away, assuming it ever happens at all. We tend to think online casino style games are highly unlikely to become legal in the state within the next five years, or more.
NEVADA
- Online Casinos: No
- Online Sportsbooks: Yes (And Poker)
- Illegal to Gamble Offshore: Yes
As we discovered the first time we did this kind of page, the following statute would apply to making bets at casinos located offshore:
Other forms of online wagering are addressed by 465.093 which makes it a Misdemeanor to transmit communication either within or outside of the State for the purpose of making a wager.
In other words, the placing of the wager is itself illegal, which means that players would be committing an illegal act. That having been said, we can find no instance of the State of Nevada actually pursuing charges against an individual for playing at an online casino.
For its part, Nevada was actually the first state to have legalized and regulated online sportsbooks and the same is true of poker. We think it is unlikely that Nevada will ever pursue online casino-style gambling as there is an extremely healthy land-casino industry, as well as some smaller establishments with limited licenses, such as Dotty’s locations and bars, such that all of the residents of Nevada are quite well-served with physical locations.
Online casinos make more sense, at least to me, in states such as Pennsylvania and New Jersey—which do have commercial casinos, but also have residents who might live quite a few hours from any of them. Unless you’re in the middle of the desert somewhere, which describes very few people, if you’re in Nevada, then you’re near a casino.
NEW HAMPSHIRE
- Online Casinos: No
- Online Sportsbooks: Yes, but there’s only one.
- Illegal to Gamble Offshore: Yes and no.
In addressing New Hampshire the first time we dove into all of the states, this is what we found:
Other than modes of gambling specifically authorized by the State, 647:2 makes it illegal to gamble in any form and is a Misdemeanor:
Because the State has no legal means of Online Gambling specifically permitted, any form of online gambling is illegal.
Assuming this remains true, online casino betting offshore would technically be illegal, but gambling at an offshore sportsbook would not. Given the overturn of PASPA, we no longer believe that it is illegal, at the Federal level, for an individual to gamble at an offshore sportsbook.
In the meantime, New Hampshire has allowed for online sports betting, however, there is only one operator and will only be one operator until, at least, 2026.
Believe it or not, there is actually a very good reason for this.
Wisely, in our opinion, New Hampshire offered DraftKings exclusivity within the state, for a period of six years, to offer online sports betting. When it comes to regulations, DraftKings answers to the New Hampshire State Lottery.
The aspect of this that is a huge positive for the state government is the fact that they will receive 50% of DraftKings revenues, so DraftKings has traded taking an unprecedented haircult (in terms of taxation) for exclusivity. Honestly, this seems like a win-win for both parties in a state with such a small population.
Of course, it’s not the best thing for players located within the state, but there are plenty of other outlets once they use the only new player bonus they will have access to at a site regulated by the state.
We don’t expect that New Hampshire will authorize DK to offer a casino product anytime soon as that seems to have never been on the table yet. However, should The Granite State decide to do so, it could be implemented fairly quickly as DraftKings already operates an online casino product in other states.
NEW JERSEY
- Online Casinos: Yes
- Online Sportsbooks: Yes
- Gambling Offshore Illegal: No
New Jersey is unchanged compared to the last time we did this page, where we stated:
New Jersey is one of the few states to have fully legal online casinos which fall under the Licensing and Regulation of the State. While any gambling activity not specifically authorized by the State is unlawful.
Any specific crimes outlined in the New Jersey code focus on operators rather than players. In fact, any provisions under 2C 37 seem to specifically absolve mere players from any wrongdoing.
Of course, since penalties only apply to operators who are offering casinos or sportsbooks unlawfully, nothing would happen to players as a result of playing at those websites or apps.
The only development since the last time we wrote this page is that The Garden State was one of the states leading the charge to get PASPA overturned, which was successful, so the state now has online sportsbooks as well as retail (in-person) sports betting.
NEW MEXICO
- Online Casinos: No
- Online Sportsbooks: No
- Gambling Online Illegal: Yes
In New Mexico, the situation is substantially the same as it was when we last found it, with a law that states:
New Mexico defines Gambling simply as, "Making a bet,":
Unless specifically authorized by the State, all forms of gambling are illegal and are a Misdemeanor.
With that, online gambling would be included even without a specification to the law that references online gambling, which is because online gambling has not been specifically authorized by the state.
That having been said, we could find no instance of anyone actually being prosecuted for the mere act of playing online, so we think that is extremely unlikely to occur.
The only casinos that exist within the state are Tribal Casinos that are land-based. The only real development in recent years is that a couple of these casinos are offering retail sports betting on the basis of it being presumptively legal.
The way that the compacts between the Tribes and the state work is such that all forms of gambling are permitted (in physical Native American casinos) unless they are specifically excluded by the compact. Of course, sports betting was illegal at the federal level when the compacts were written, so the State of New Mexico saw no need to exclude sports betting.
Therefore, when the federal law changed and there is no federal law prohibiting booking sports, at least, for licensed operators…the compacts remained such that this was not prohibited behavior. Therefore, Tribal casinos offering sports betting is presumptively legal and any restrictions related to would have to be addressed in future compacts.
In the meantime, online gambling, in any form, remains illegal in the state.
NEW YORK
- Online Casinos: No
- Online Sportsbooks: Yes
- Gambling Offshore Illegal: No
As we previously addressed in the first iteration of this page:
New York defines illegal gambling broadly enough that it would cover any form of gambling not specifically permitted by the State, but a careful perusal of the laws therewith associated focus entirely on online gambling operators as opposed to players.
Therefore, gambling via the Internet has never been illegal for players to do. Furthermore, given the overturn of PASPA, the same can also be said for sports betting.
Interestingly, New York actually passed a state law that would allow for retail sports betting prior to PASPA actually being overturned, so that became the law of the land as soon as the Supreme Court decided to overturn PASPA. However, New York was a bit slower to expand sports betting to include online, but did so in the middle of 2022.
The online operators for sportsbooks located in the State of New York are substantially the same as can be found in other states.
NY Sportsday would also have it that the state is contemplating expanding regulated online gambling to include online casino-style games. That would make sense as bordering states, such as Pennsylvania and New Jersey, have already done so. Beyond that, New York’s state government really likes money. Quoting, in part:
The most optimistic person about New York online casino legalization is State Sen. Joseph Addabbo, D-Queens, who tells NY Sports Day he will push to have its legalization included in the 2023 state budget.
However, as “committed and fearless” as Addabbo is, he still must move at the pace of the New York State Legislature and other gambling regulatory bodies, says John A. Pappas, founder and CEO of Corridor Consulting. Pappas says if New York’s legalization of daily fantasy sports (DFS) and mobile sportsbooks are indications, that pace can be rather deliberate.
With that, it’s possible that this matter will come to a vote as early as 2023. If it passes, then it shouldn’t take very long to be implemented as many sportsbooks within the state already operate online casino products in other states. Beyond that, New York has a HUGE population, so these operators would be quite motivated to roll out the casino offerings as quickly as possible.
NORTH CAROLINA
- Online Casinos: No
- Online Sportsbooks: No
- Online Betting Illegal: Yes
The State of North Carolina is one that we have found to prohibit online gambling, even by players, based on our earlier interpretation of their laws, as we said then:
North Carolina defines gambling as, "Any game of chance," and a person participating in such other than those specifically permitted by the State is guilty of a Class II Misdemeanor:
Furthermore, any money acquired via online gambling can be seized according to the law.
Of course, we could find no instance of any seizure of funds, or prosecution, of a player who was found to be playing at an offshore Internet casino in the state. There was one dustup that had to do with a sportsbook outfit, many years ago, but PASPA has resulted in betting on sports no longer being illegal at the Federal level.
In recent years, a 2022 bill that would have allowed for both retail and online sports betting came close to passing, according to the Charlotte Observer. Quoting, in part:
North Carolina will miss out on mobile sports betting this year after the House voted 51-50 against the measure as it appears unlikely the legislature will visit in any of its handful of one-day sessions slated between now and the end of 2022.
Interestingly enough, the bill advanced through the Senate easily, passing by a vote of 26-19, so we would expect the Senate to send more bills to the House in the future, especially since the difference was only a single vote. We think sports betting could be legalized in the state, both land and online, as early as 2023.
It warrants mentioning that the bill did not include online casino-style games, or poker, so residents looking for a regulated outlet for those games will likely have to wait several more years, assuming it ever happens at all.
NORTH DAKOTA
- Online Casinos: No
- Online Sportsbooks: No
- Illegal to Gamble Online: Not Really
North Dakota is a very strange state as all gambling (as a player) is legal, provided that no single bet exceeds the amount of $25. As we found the last time we looked into all of the states:
North Dakota is an interesting one because gambling (other than State-sanctioned gambling) is conditionally illegal. I say conditionally because unlawful forms of gambling carry no charge for bets of less than $25 per event, it becomes an Infraction if it exceeds $25 and a Class A Misdemeanor if it exceeds $500:
There you have it, you're perfectly within the law as long as you bet less than $25 a hand.
With that, as long as you bet less than $25 at a time, you are not violating North Dakota law to play online. Of course, we have uncovered no instance of anyone being charged for playing online, in the capacity of a player, because they were betting more than that.
According to KFYRTV, North Dakota’s tribes, which already operate land-based tribal casinos, are making a push to get online sportsbooks and casinos authorized by way of their compacts with the state. Quoting, in part:
The tribes are turning to Republican Gov. Doug Burgum to approve the idea under tribal-state agreements known as compacts, the first of which was signed in 1992. The current compacts expire at the end of this year and only Burgum can approve them, said Deb McDaniel, North Dakota’s top gambling regulator.
Coincidentally, the compacts are thirty-year compacts and will expire at the end of 2022, so it is possible that the new compacts will include provisions for online casinos and sports betting. We think the most likely additions would be retail sports betting as well as online sports betting; online casino-style gambling might be a bit more of a longshot in such a conservative state.
OHIO
- Online Casinos: No
- Online Sportsbooks: Yes, Coming in 2023
- Illegal to Gamble Offshore: No
Ohio’s laws were a bit more complicated last time we looked at the status of online gambling on a state-by-state basis, such that the legality largely depends on what the player was doing.
The State of Ohio outlaws the public playing of games of chance not otherwise allowed by law, but beyond that, does not proscribe any penalties that would extend themselves to online gambling.
A few notable exceptions are engaging in illegal gambling as a substantial source of income or livelihood as well as bookmaking which includes betting with a bookmaker.
Simply put, gambling online was technically illegal, and casino-style gambling still would be, but there is no actual penalty for doing so. In our view, that’s just as good as it being legal.
In the meantime, sports betting via a bookmaker was illegal at that time, but Ohio has since authorized state casinos and racinos to offer sportsbooks, and further, has now allowed for online sportsbooks. According to the Akron Beacon Journal, Governor, Mike DeWine, signed the sports betting bill into law in 2022. Quoting, in part:
Casinos and racinos in the state have sportsbooks, or venues where bettors can place bets and watch games. Pro sports teams across the state and the Football Hall of Fame in Canton also have plans for sportsbooks. Many bars and places that already offer Keno machines will also offer sports gaming kiosks. But the overwhelming way most Ohioans will gamble is on their phone through a sports gaming app. That means people can place bets anywhere in the state, 24 hours a day.
The sites and in-person betting will go live on the first day of January, 2023, though a few of the websites that will operate in the state currently have early sign up offers, so this writer would encourage you to look into those if you are a resident of the state.
In the meantime, while casino-style online gambling and poker was not part of that bill, we would expect to see those forms of Internet play become legalized within the next few years. The main reasons we believe this are because Ohio is already home to land-based Commercial casinos and racinos, and furthermore, bordering states, such as West Virginia, Pennsylvania and Michigan already have online casino products.
OKLAHOMA
- Online Casinos: No
- Online Sportsbooks: No
- Illegal to Play Online: Yes
As we discovered the last time we looked at The Sooner State:
Anyone who engages in any form of gambling not specifically authorized by the State faces a fine of $25-$100 or a jail term of 1-30 days or both.
That remains the case to this day. According to The Ada News, some of the state’s politicians, as well as tribal leaders (Oklahoma has a TON of Native American land-based casinos) are quite eager to get retail sports betting going, but no such measure has passed thus far. Quoting, in part:
State Rep. Ken Luttrell, R-Ponca City, the House author, said there “wasn’t any appetite for it” in the state Senate this year in part because of “moral issues.” He also said the failure to advance it had nothing to do with Gov. Kevin Stitt’s ongoing feud with tribal leaders, and said the governor had actually publicly voiced support for the idea.
“It’s truly an economic issue for the tribes and for the state,” Luttrell said. “We’re missing millions of dollars in revenue each week. Oklahomans are sports bettors whether they’re doing it online, under the table or journeying out of state placing their bets. We should be participating in that income and using that revenue for public education and for core services.”
However, the representative was less concerned with the prospect of online sports wagering, as he pointed out that one of his goals for allowing for retail sports betting was to put more people in the state’s land-based casinos. While online gambling would also bring the state significant revenues, the Senator seems more interested with boosting traffic to land-based locations.
Of course, any such bills have not received a vote yet, so it won’t be until 2023, at the earliest, that there will be any kind of sports betting bill that gets voted upon. Even if one such bill does go to vote, it might not include a provision for online wagering.
With that, we would assume that online casino-style gambling, at least regulated gaming, is many years away assuming it ever happens at all.
OREGON
- Online Casinos: No
- Online Sportsbooks: Yes, One.
- Illegal to Gamble Offshore: Casino, Maybe. Sports, No.
Readers may recall our previous findings of Oregon law, which were:
Oregon law defines unlawful gambling as any gambling that is not specifically permitted by the State and Unlawful Gambling is a Class A Misdemeanor.
At that time, we used that information to decide that online gambling must be legal, as the state does not specifically permit it.
However, Oregon has now legalized and regulated sports betting, so that means to do so offshore must not be illegal, unless there is a specific law making it so, because it becomes a form of betting that is otherwise permitted by the state.
On that note, we’re not sure that online casino-style games were ever really illegal, at least, not to the extent that the games being played there are otherwise legal in the state, so it might depend on what game you are playing.
In any event, we have never uncovered an instance of an individual who faced legal issues for gambling online in the capacity of a player.
Speaking of the sportsbook laws, Oregon now has legal retail and online sportsbooks. Similar to New Hampshire, Oregon has reached an exclusivity deal with DraftKings, which is the state’s only regulated online book, and operates via the Oregon State Lottery as seen here.
Naturally, the tribes are not at all happy with the state expanding its own forms of legal gambling. By the interpretation of the Federal Indian Gaming Regulatory Act that I believe to be the case, the Tribes may automatically offer retail sports betting, because the state is doing it, and they may also offer online sports betting (because the state is doing that), but it could be argued that the tribes’ sites, if any, have to be geo restricted to Tribal land.
In this writer’s opinion, the most equitable solution would be to allow the tribes to partner with competing sportsbooks and those sportsbooks can be offered anywhere in the state, in exchange, the Oregon Treasury could just get a piece of the revenues. Problem solved.
PENNSYLVANIA
- Online Casinos: Yes
- Online Sportsbooks: Yes
- Illegal to Gamble Offshore: No
There’s really not much to say about Pennsylvania, which is a state that has had regulated online sportsbooks and casinos for several years.
Even prior to those hitting the state, it was never actually illegal for players to gamble at offshore sites and it is still not illegal for players to do so. A reading of Pennsylvania’s gambling laws would indicate that all crimes are associated with the illegal operation of gambling, but not to individual players.
RHODE ISLAND
- Online Casinos: No
- Online Sportsbooks: Yes, One
- Illegal to Gamble Offshore: No
The first look we took into Rhode Island, several years ago, uncovered:
Rhode Island carries serious penalties for operators and penalties that are no less than draconian for operators of (One year in the case of operators or people getting others to go to what amount to social games, and a $500 fine!) Social Games as well as a penalty of thirty (30) days for participants. While this measure is quite draconian, there do not appear to be any specific penalties for players gambling online.
With that, we could find no penalty that would have actually applied to individuals playing at online casinos and we still can’t.
Since then, Rhode Island has legalized both retail and online sports betting, but there is only one sports betting Internet outlet, which is directly run by the Rhode Island State Lottery.
There hasn’t been a huge push to legalize online casino-style gambling, which is mostly because the state has such a small population anyway. It’s probably also for that reason that the Lottery handles all of the sports betting, rather than issuing licenses to a bunch of websites who would all be competing with one another; there simply aren’t enough potential players to be worth fighting over, no offense to them.
In the meantime, pursuant to our understanding of the law, it is our opinion that players may play anywhere they wish.
SOUTH CAROLINA
- Online Casinos: No
- Online Sportsbooks: No
- Illegal to Gamble Online: No
Given our earlier reading of South Carolina law, which has not changed, this is what we discovered:
South Carolina laws allow for comparatively extreme punishment of people simply engaged in home games and the laws seem to focus on operators:
Online gambling is not mentioned, but players can get in trouble for participating in other games with imprisonment of up to thirty days or a fine of up to $100.
Again, the laws focused on operators and physical games taking place, so we don’t see anything in the code that would necessarily prohibit an individual from playing at an online casino.
Ironically, despite some draconian laws in other aspects of gambling, South Carolina was one of the first states to specifically authorize Daily Fantasy Sports, which is legal in most of the country. Some might have thought that would lead to them authorizing sports betting relatively quickly, but as we see here from Fox54, such is not the case.
The introduced bill that would have allowed for both retail and online sports betting, as a function of the South Carolina State Lottery, died a Legislative death and did not even go to vote. With that, we would expect late 2023 is the earliest that South Carolina could even realistically hope to have regulated sportsbooks…and that’s probably unlikely.
As far as online casino-style games are concerned, we wouldn’t be surprised if that never gets legalized.
SOUTH DAKOTA
- Online Casinos: No
- Online Sportsbooks: No
- Illegal to Play Online: Yes
Pursuant to our earlier version of this page, South Dakota’s law is not at all ambiguous:
South Dakota law states that engaging in any form of gambling not specifically legalized by the State constitutes a Class 2 Misdemeanor.
Even though the state has legalized retail sports betting, but only to the extent that casinos located in Deadwood can offer it, we would have to conclude that even online sports betting would be illegal, pursuant to a strict reading of the law, because betting online has not been specifically legalized by the state.
That being said, there is something of a push to get online sportsbooks going, but it has been unsuccessful thus far. According to Dakota News Now, a bill was introduced to allow for mobile sports betting, but it died a legislative death without even going to a full vote. Quoting, in part:
The resolution proposed an amendment to the South Dakota constitution. It would have authorized wagering on sporting events by individuals located around the state by using their cellphone or another electronic platform. Had the resolution passed, it would have put the issue on the 2022 general election ballot, and voters would have ultimately decided its fate.
It was voted upon in committee, which would have brought it to a full vote, but failed in committee by a vote of 10-3, so we would have to conclude that there are some serious hurdles to climb before the state’s residents get any form of online betting.
Based on that, we find it quite possible that the state will never authorize online casino-style gambling, but sports betting might happen several years from now.
TENNESSEE
- Online Casinos: No
- Online Sportsbooks: Yes
- Offshore Gambling Illegal: Casino, yes. Sports, no.
Our earlier look at the State of Tennessee led us to conclude that all forms of online gambling were illegal:
Gambling in any fashion other than those specifically legalized by the State constitutes illegal gambling, and using any device for gambling for any reason causes it to be Possession of an Illegal Gambling Device.
Of course, the state has since sanctioned online sportsbooks, so as a result, players could be presumed to participate both at books licensed to operate in the state and those who are not.
However, casino-style games and poker would remain illegal under this law as those forms of gambling have never been authorized by the state.
That said, we could find no instance of a player ever being prosecuted on the grounds of playing casino games online.
We find it very possible that Tennessee will never legalize online casino-style gambling, especially since they don’t have any land casinos—and it’s definitely not happening anytime soon. Reporting on the legalized sports betting, Rocky Top Insider found:
The growth and success of Tennessee sports betting make it easy to forget legislation almost didn’t pass back in 2019. Gov. Bill Lee let House Bill 1 pass without his signature while saying he didn’t believe online sports betting was in the best interest of the state. That was after the bill narrowly passed in the Senate 19 to 12.
Considering Gov. Lee referred to casino gambling as “the most harmful form of gambling”, those hoping to see online gambling expanded in Tennessee will likely be waiting for some time.
Basically, Governor Lee not signing the bill is an indication that he is not at all happy with it, but knows that there are enough votes to overcome his veto. That said, he clearly does not endorse sports betting in his state, so one can only imagine that he would throw a fit if a bill authorizing online casino-style games made it to his desk.
With that, we think online casinos are a minimum of five years away in the state.
TEXAS
- Online Casinos: No
- Online Sportsbooks: No
- Illegal to Gamble Online: Yes
In The Lone Star State, we found that a simple reading of the law was clear enough to make it apparent that gambling online is patently illegal:
Statute 47.01(1) makes it illegal to participate in any game solely or partially decided by chance other than any that may be state-sanctioned. The result of illegal gambling is a Class C Misdemeanor.
Online gambling is not sanctioned by the state, therefore, doing so is a crime. That having been said, we could find no instance of anyone actually being prosecuted as a result of the fact that they played at an online casino.
KXAN reports that Texas is considering the legalization of sports betting, both retail and potentially online, but it’s going to have quite the bar to clear. Quoting, in part:
“The legalization of mobile sports betting in Texas would mean implementing smart and efficient oversight to preserve the integrity of sporting events, empower Texans to safely participate in mobile sports betting, and fight illegal gambling,” Perry said in a press release. “Given that Texans are already participating in mobile sports betting, legalization would be a win for all involved.”
Both online sports betting and casinos are illegal in Texas — except for three casinos operating legally on Native American territory in the Lone Star State due to federal law. Despite casino-lobbying groups pouring millions of dollars into policymakers’ pockets in recent years, state lawmakers failed to move forward on legalizing either during the 2021 legislative session.
There is a separate bill that would authorize land-based casinos in the state, which we see as highly unlikely to make it to the people for a November 2023 vote, but we think sports betting has a chance. The State of Texas, arguably, has the most vociferous American Football fans in the entire country.
For the time being, however, all forms of internet gambling are technically illegal for players. While the law could theoretically penalize players, however, all enforcement actions related to online gambling have targeted operators.
UTAH
- Online Casinos: Haha, no.
- Online Sportsbooks: What are sports? Like, rock-climbing?
- Illegal to Gamble Online: Absolutely, yes.
The only form of gambling that is legal in Utah, and that’s only because they can stretch the argument and say you are not gambling, is Bingo. The state finally allowed a Bingo game in which participants buy a dinner for $25 and there is Bingo for cash prizes that just happens to occur simultaneously. I think if it went to a public vote, however, 80% of the population or something would vote to make it illegal.
At least you guys have Jell-O.
Anyway, Utah was one of the only states that made it very clear all forms of gambling are illegal. Despite that, when online gambling became more common, they felt the need to go back and specifically amend their law to state that online gambling, specifically, is also illegal.
That being said, we could find no instance of anyone ever being prosecuted for the mere act of playing online.
VERMONT
- Online Casinos: No
- Online Sportsbooks: No
- Illegal to Gamble Online: Yes
In the state of Vermont, we found that engaging in forms of gambling that have not been sanctioned by the state can result in a fine, but the fine is extremely low:
Other than State-Sanctioned forms of gambling, illegal gambling of any sort is punishable by a fine of $10-$200, though there are no apparent penalties that would result in incarceration.
With that, even if The Green Mountain State were inclined to enforce this law, it’s not really much to worry about. It seems more like a violation, akin to a traffic violation, than it does an actual crime…so it’s basically a minor tort.
According to WCAX, there has been a committee formed to investigate the issue of legalizing mobile and retail sports betting, which they say could put a few million a year in the state’s coffers, but no proper bill has made it to vote yet.
We think that they will do something similar to New Hampshire, where the state will tie it to the Vermont Lottery and give exclusivity to a single operator in exchange for a high percentage of revenues. New Hampshire has DraftKings as the sole operator, so perhaps Vermont will go with FanDuel, or maybe both will just be DraftKings.
Either way, that’s what would seem to make the most sense for states such as those with such small populations.
VIRGINIA
- Online Casinos: No
- Online Sportsbooks: Yes
- Illegal to Gamble Offshore: Sports, no. Casino, yes.
In the State of Virginia, we had previously found:
Virginia law makes making a wager on anything related in any way to chance illegal unless same has been sanctioned by the State. The code would also seem to cause your computer to become a, "Gambling Device," because if a device is used for gambling, in any way, it becomes a gambling device.
Illegal gambling in the State of Virginia constitutes a Class III Misdemeanor.
Since then, in 2020, Virginia made sportsbooks legal, which extends to online sportsbooks, of which there are five regulated entities as of December, 2022. Naturally, that means it is now legal for punters, barring any specific law to the contrary, to make sports bets wherever they would like as long as they are not operating an unlicensed book.
By the same logic, online casino gambling would be illegal pursuant to the fact that there are no state-sanctioned online casino games at this time.
The first online sportsbooks would start rolling in during 2021 and number five as of December 2022. Around the same time, a few cities’ voters decided to authorize land-based casinos, which includes one Tribal Casino, and those will begin opening in 2023. In the meantime, one of the casinos in question is operating a temporary casino (Hard Rock) until the permanent casino is complete.
It’s difficult to guess whether or not the state will ever authorize online casino-style games and poker, but we suspect they might if Maryland does.
WASHINGTON
- Online Casino: No
- Online Sportsbooks: Yes, but must be at a tribal casino.
- Illegal to Gamble Online Elsewhere: Absolutely Yes.
Washington is one state where this writer would probably not even risk playing online as the state has actually made illegal gambling a felony. Pursuant to our earlier findings:
One might think Washington would take a liberal view on online gambling since HB 1114 keeps getting reintroduced in an effort to legalize and regulate Internet Poker, but one would be wrong. The laws that are on the books matter, not the ones that could be on the books at a later date.
Aside from forms of gambling legalized by the State, gambling is illegal. The most dangerous law to players that I have seen makes it a Class C Felony to transmit or receive gambling information by electronic means, and yes, the Internet is specifically mentioned.
For that reason, I would hesitate to gamble online whatsoever in the State of Washington, unless you are making a mobile sports bet whilst located in a Tribal Casino, which is kosher.
The state laws are similar to those of Mississippi and Montana in that mobile sports betting is permitted, but only if you are geolocated to be somewhere retail sports betting is legal anyway. For the rest of the state, we do not believe online betting, in any form, will be legalized anytime soon.
WEST VIRGINIA
- Online Casinos: Yes
- Online Sportsbooks: Yes
- Illegal to Gamble at Offshore Sites: Probably Not
West Virginia is a tough one to gauge because online gambling is probably not illegal in any context, unless the state specifically makes a law that one can ONLY gamble at an online entity that is licensed by the state.
The last time we looked at the state, regulated online gambling and sports betting had not yet arrived, so our conclusion was it was illegal due to state law not making it a legal form of gambling, but now it is.
In terms of accessibility, West Virginia probably has the most forms of gambling of any of the fifty states. In addition to the state’s five casinos, (four with either greyhound or horse racing) online gambling is now legal and there is a slot parlor every few hundred square feet, or so, depending on what town you happen to be in. Even with that, the traditional lottery still manages to do relatively well in the state.
Interestingly, West Virginia could very well be the last state with live greyhound racing. According to Grey2K, Arkansas and West Virginia are the lone holdouts to offer live dog torture, um…I mean, racing…and Arkansas is in the process of phasing it out.
When West Virginia becomes the last state offering live greyhound racing…perhaps a dozen, maybe even two dozen, individuals will flock to the state annually to come and watch.
WISCONSIN
- Online Casinos: No
- Online Sportsbooks: Yes, but only on Tribal property.
- Illegal to Gamble Online Elsewhere: Yes
This law would seem to apply in the State of Wisconsin, as last time we looked at it:
Other than State-Allowed forms of gambling, any bet made in Wisconsin is a Class B Misdemeanor on the player side.
Commercially, the laws of Wisconsin are unchanged. That being said, some of the Tribal Casinos in the state now have sportsbooks, and betting via mobile is legal if you are on tribal property.
While any form of online gambling is illegal elsewhere in the state, we have found no instance of anyone being prosecuted under that law for the mere act of playing online.
WYOMING
- Online Casinos: No
- Online Sportsbooks: Yes
- Illegal to Gamble Offshore: Sports, no. Casino, yes.
The last time we dove into the State of Wyoming, this is what we found:
While Wyoming does allow for many forms of gambling, including social gambling, there is nothing in the statute that allows for online gambling therefore making it illegal. The charge is a fine of up to $750 and imprisonment for up to six months.
Therefore, online sports betting is now expressly legal, so it would not be illegal for players to make bets at offshore books unless there is a law stating otherwise. However, because online casino play is not legal in the state, online casino play would be an illegal activity for players to engage in.
However, that being said, we have found no instance of anyone ever being prosecuted merely for playing at online casinos. It is very difficult to believe that anyone in law enforcement would particularly care, even if they did know about it, as long as you were not actually operating an online casino.
Online sportsbooks have since been legalized and are regulated through the state. The operators of licensed online books are some of the same ones you might find in other states, such as Pennsylvania. The tax rate is a very low 10%; personally, I think they should have (given their limited population) made an exclusive deal with a much higher tax rate on gross revenues in the way that New Hampshire did. That was a REALLY smart play on N.H.’s part.
CONCLUSION
With that, we have updated the status of online gambling, as well as online sports betting, for all fifty states as of December of 2022. It is possible that we will update this page as new developments happen, or more likely, we will update it all at once every year or two years.
The main changes that we have seen came with the overturn of the Professional and Amateur Sports Protection Act (PASPA) by the United States Supreme Court. Even in many of those states that have been pretty conservative when it comes to expanding legalized gambling, they jumped on regulated sports betting, both mobile and online, fairly quickly.
Only a handful of states strictly limit sports betting to in-person wagering, with the majority of those being states with Tribal Casinos. It would appear that the only state with Commercial Casinos that allow for retail sports betting only is South Dakota, which seems to want to keep all gambling isolated to the tourist hotspot of Deadwood.
Well over a majority of the states have already authorized sports betting in one capacity or another, and a majority of the ones who have not have, at least, introduced bills that would so so. While many of these have died a legislative death without going to a full vote, one expects that they will be voted upon in the coming years.
There is only one state, North Carolina, where both full bodies of the state Legislature voted upon such a bill and it failed, which was only by the narrowest of margins. From what we can tell, California is the only state in which sports betting related legislation went to a public vote and lost, but boy, was it demolished. That was in spite of over a half billion dollars being spent to try to get it passed!
Online casino-style gambling seems to be gaining states far more slowly. We would expect the most likely states to introduce that in the coming years to be states such as Maryland, who have Commercial Land Casinos already and border states, such as Pennsylvania and West Virginia, who have already legalized online casino games. Ohio seems like another state that falls into this category and seems somewhat likely to introduce online casino games in the coming years.
Online Casinos that Accept US Players
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Internal Links
- Comparing the Gambling Proclivities of the Countries
- Proclivity for Gambling (Part 1 of 2) The Most Gambling-Crazed States
- Proclivity for Gambling (Part 2 of 2) The Most Gambling-Crazed States
- Online Casinos for players from the US
- Power to the People!
- Online Gambling in the United States
- US Missing Untold Hundreds of Millions in Dollars
- What States Might Go, 'All-In,' on Online Poker
- The Lottery Sucks - A Comprehensive Lottery Report