Is poker legal in the US?

For many years, both live and online poker have been a part of American gaming. But when it comes to its legal status, especially online, things can get confusing. The short answer is yes, poker is legal in the US, but the longer answer depends on where you live and what type of poker you play.

Online poker in the US

Online poker is legal in the United States, but only in a couple of states with state-issued licenses: Nevada, Delaware, New Jersey, Pennsylvania, West Virginia, Michigan, Connecticut, and Rhode Island.

Not all of them actually have places to play, though. Although Connecticut and Rhode Island have legalized online poker, no operator has launched there yet. That leaves six states where you can truly play legally.

The situation is a bit less clear outside of those states. Since playing poker online is not explicitly banned by federal law, offshore sites have been able to keep providing games to US players. The main obstacle isn’t playing poker itself, but rather banking challenges created by the Unlawful Internet Gambling Enforcement Act (UIGEA). That legal grey area is why licensed operators like WPT Global always clearly state that their service is not available to US players.

Live poker is a different story

Live poker is more accessible across the US than its online version. In most states, if a casino is licensed to offer table games, it can usually offer live poker as well.

Poker has long been available in casinos in states like Nevada, New Jersey, and Louisiana. Others, including California, Florida, and Wisconsin, allow poker through compacts between tribal gaming operators and state governments.

Still, there are some exceptions. States such as Hawaii, Utah, and Wyoming have long resisted poker and other forms of gambling, often for political or religious reasons.

Why online poker has slowed down

Online poker is regulated state by state mainly because of politics, competing gaming interests, and how federal law has been interpreted over time. The Wire Act has played a major role here.

In 2011, the Department of Justice stated that the Wire Act applied only to sports betting. That allowed states to legalize online poker and other forms of iGaming. Later, a 2018 decision tried to reverse that, but the issue was settled in 2021 and the DOJ chose not to take it to the Supreme Court. That allowed the online poker market to move forward again.

The impact of black friday on US poker

You can’t talk about poker in the US without mentioning Black Friday. On April 15, 2011, the US government shut down multiple online poker operators, locking players out of their accounts. The Department of Justice went after the executives for bank fraud and breaking UIGEA rules.

Black Friday wiped out the unregulated online poker market in the US almost overnight. It also made it clear there was no real chance of a nationwide online poker network. After that, states became responsible for legalizing and regulating poker within their borders, with Nevada and Delaware being the first to offer online poker in 2013.

What’s next for poker in the US?

Despite new bills and proposals in New York, Illinois, Kentucky, Indiana, and New Hampshire, no states have joined the online poker market since late 2023, but more may reconsider online poker legislation as they see the benefits that come with regulation.

Poker in the US today might be more regulated than it once was, but it’s legal and stable in certain states, and that’s a big step forward.