Online Poker Legal In Us
Back in New Jersey & More States to Come in 2020?
However, on the individual level, online poker is legal in some of the states. Some websites such as Global Poker (which is a sweepstakes poker site) are allowed in 49 out of 50 US states. Only Washington does not allow it. At the moment of writing our online poker reviews, only four states offer legal online poker websites in the United States. Nevada launched the new era of online legal poker in the USA, when Ultimate Poker opened to real live money play for Nevada residents on April 30th, 2013. A subsidiary of Caesars Entertainment, WSOP.com, opened a few months later.
Currently, PokerStars is only available in New Jersey and Pennsylvania.
Updated March. 5, 2020 – PokerStars launched in Pennsylvania and has the highest traffic of all regulated poker sites in America. It also hosted the Pennsylvania Online Championship of Poker. This was a huge series with more than $1 million in guaranteed prizes. It took years, but it looks like it was worth the wait for Pennsylvania players.
PokerStars has been running strong in New Jersey since 2016, but it hasn’t reached the size Pennsylvania has. A shared player pool could really kick things up a notch though. We’ll see if success in Pennsylvania leads to PokerStars in more states.
Legal Online Poker in the USA
Six states have legalized online poker. Out of those, four currently have sites up-and-running. Nevada, New Jersey, Delaware and Pennsylvania. Two more states legalized online poker but are still working on setting things up. West Virginia, legalized online poker in 2019. But online poker sites there aren’t expected to launch until 2021. The same goes for Michigan.
When it comes to PokerStars, only two states have Poker Stars software. PokerStars gained approval to operate in New Jersey in 2015. Their site, pokerstarsnj.com, went live on March 21, 2016. Of course, you have physically located in New Jersey to play. It’s play money for all other states. PokerStars NJ also offers casino games like slots, blackjack, roulette and more.
PokerStars then launched in Pennsylvania in late 2019. They kicked things off with the Pennsylvania Championship of Online Poker that drew thousands of players and culminated in a $300 buy-in main event with a $100,000-guaranteed prize pool.
If you’re not in Pennsylvania or New Jersey, PokerStars could still come to your state further down the line. If you want to play today though, there are still plenty of great alternatives.
Best PokerStars Alternatives for US Players
We recommend Ignition Poker as the best alternative. A lot of people prefer it to non-state run sites since they accept players from all 50 states. Bovada, BetOnline, SportsBetting, ACR, Black Chip Poker and Intertops also rank highly. As state by state rollouts occur, we will continue to keep you updated on when PokerStars makes it to your state.
Can You Play PokerStars in the USA?
Real money online poker play on PokerStars is only available if you are physically in New Jersey or Pennsylvania. PokerStars will be in more US states soon though. West Virginia and Michigan are the current front-runners to join the party.
PokerStars, which also owns Full Tilt Poker, is currently owned by The Stars Group, formerly called Amaya Gaming Group and is headquartered in Toronto, Canada. PokerStars is partnered with Resorts Casino Hotel in Atlantic City, and their main competition in the state is WSOP/888 and Borgata/PartyPoker. In Pennsylvania, they teamed up with FoxBet, which is the real-money wagering provided by FOX Sports.
While there’s online poker Delaware and Nevada, but PokerStars has yet to get a license in either state. If you do not live in either New Jersey or Pennsylvania, we recommend Ignition Poker or Betonline.ag. They are safe and trusted sites that service all 50 states. Check out our reviews for a comprehensive look at how each online poker site. We detail the most important factors to look at when picking an online poker room.
Make no mistake. Online poker is legal in the USA. It’s 100% legal for you to play. Don’t have to worry about getting arrested.
How Many Players on Pokerstars?
PokerStars remains the largest poker site on the internet with tens of thousands of players logging in weekly. PokerStars traffic is far superior to any other poker website and it controls over 50% of the market.
The sale of PokerStars has now changed the game in the US market. It is a prerequisite for any online casino that operates with a US license to also have or be partners with a US operated “land-based” casino. PokerStars partnered with Resorts Casino Hotel in Atlantic City, NJ. Unfortunately, PokerStars has struggled with its NJ-based traffic. On the bright side, Pennsylvania has been a traffic bonanza for PokerStars since it launched in late 2019.
PokerStars also made a massive deal with gigantic casino conglomerate Eldorado Resorts, which operates properties across 12 different states. The US government has to be pleased that PokerStars is playing ball and infusing the US market with plenty of cash.
When Will PokerStars Return to the USA?
It kind of already is. If you’re in New Jersey or Pennsylvania, just download the software. If you’re in another state, then you’ll have to wait. Regulated online poker has been moving pretty slow. Even then, some states that have legalized it haven’t let PokerStars in. That’s because they have another obstacle. Some important gaming groups in the USA see the brand as a bad actor because it operated without a license in the USA for years.
The brand is still incredibly popular around the world though. The site also paid over an estimated $850 million in fines because of Black Friday. It might take some time, but PokerStars will make its way back to the USA on a broader scale.
Good Faith Will Not Prevail?
While some US states have been reluctant to allow PokerStars back, it should be noted that the company bailed out tens of thousands of American poker players. Full Tilt famously didn’t have funds on hand to repay its players after Black Friday. PokerStars then bought Full Tilt and repaid all its players for millions and millions of dollars.
PokerStars was simply a better-run business and separated their player accounts from operating expenses. It was, therefore, an easy task for PokerStars to immediately pay back its players after they were forced out of the US market in 2011. PokerStars was also better at becoming a global poker business. Most of its player traffic came from outside the USA.
This act of good faith was on top of the hundreds of millions they paid out in penalties to US officials. It was an example of responsible gaming. As more and more casinos based in the USA secure their licenses to operate, PokerStars will likely be entering several of these state-regulated markets.
When Will I Be Able to Play PokerStars in my State?
We have in-depth real money online poker guides for many of the US states that are updated whenever there are changes to state legislation. Unfortunately, there’s no clear-cut guide to when online poker will be legalized in each US state. For now, it appears that progress will only occur at the state level and a federal online poker bill is still just a pipe dream.
Some states have a higher chance of legalizing and regulating online poker in the near future, however. We keep close track of some of the more progressive states and try to give our readers some insight into which states could be closing in on legalization. You can take a deeper dive into your states specific laws in regards to PokerStars and all online poker laws with our state-by-state guides.
Online Poker USA Law State-by-State Guides
You can refer to the legal status of online poker in every US state here:
Alabama – Arizona – Arkansas – California – Colorado – Connecticut – Georgia – Idaho – Iowa – Kansas – Maine – Maryland – Massachusetts – Michigan – Minnesota – Mississippi – Montana – Nebraska – New Hampshire – New Mexico – North Carolina – North Dakota – Ohio – Oklahoma – Pennsylvania – Rhode Island – South Carolina – Tennessee – Vermont – West Virginia – Wyoming
The Entire History of PokerStars in the USA
PokerStars has a fascinating history in the online poker industry with a substantial portion of it taking place in the USA.
2000s
- Now a billion-dollar, publicly-traded company, PokerStars had rather humble beginnings.
- It began in the early 2000s as a Costa Rican company called Rational Enterprises that was majority-owned by Israeli-Canadian Isai Scheinberg.
- PokerStars was just one of many of the early real-money online poker operators including PartyPoker, Pacific Poker (Now 888poker) and Tropical Poker.
2003 – 2006
- PokerStars’ claim to fame came in 2003 when an accountant named Chris Moneymaker won the WSOP Main Event 2003-2006 Las Vegas after qualifying on the site.
- Moneymaker was the first player to win the Main Event after qualifying online and helped create the so-called “poker boom” of the early 2000s.
- PokerStars quickly became a favorite amongst poker players for its secure deposits, reliable support team and booming cash games.
2006 – 2011
- The poker boom was stifled early on when the US government passed the Unlawful Internet Gambling Enforcement Act of 2006 that led to publicly-traded companies like PartyPoker getting forced to leave the US market altogether.
- UIGEA had the opposite effect on PokerStars because it was a privately-held company, it remained in the US market and quickly took the reins as the most popular online poker site in the world.
2011 – 2016
- The gravy train came to an end in 2011 when the Department of Justice seized the .com addresses of three online poker sites: PokerStars, Full Tilt Poker and Absolute/UltimateBet.
- Online poker players referred to the day as “Black Friday”. It would be years before PokerStars would be allowed to re-enter the US market.
2016 – Today
- PokerStars continued to flourish on the international market and was purchased by Amaya Gaming in a massive $4.9 billion deal in 2014. Subsequently the first officially licensed online poker sites in the USA start to pop up in 2014.
- New Jersey became the first state to allow PokerStars back in 2016.
- In late 2019 Pennsylvania follows suit and allows PokerStars to officially open its doors to players in the state.
Unfortunately, many other states remain a pipe dream and it will likely be decades before PokerStars is allowed to operate in the entirety of the USA.
The legality of online poker in the United States varies according to your jurisdiction. Contrary to what some sources might have you believe, no federal law specifically forbids online poker. State laws, on the other hand, might or might not, depending on the state. Only one state (Washington) has a specific law explicitly forbidding online poker, while only Delaware, Nevada and New Jersey have legalized and regulated it.
Our goal is to provide the facts about where you can play poker online legally in the United States. You should know up front that our site isn't run by lawyers or anyone with any kind of governmental authority. If you need actual legal advice, you should contact an attorney. The information provided here is for educational and entertainment purposes only. We're not responsible for anything that happens based on your use of the information here.
That being said, the information here is accurate and reliable to the best of our knowledge.
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Washington State
We thought it would be a good idea to get this out of the way right away. It is illegal to play poker online for money in the state of Washington.
The state of Washington passed a law in 2006 making online poker a felony. Full Tilt Poker and PokerStars responded by no longer offering services to residents of that state, but they continued to operate in the rest of the country. If you live in the state of Washington, it's a crime to play poker online for money. In fact, it's a serious crime. Our advice to poker players in Washington state is to not play poker on the Internet.
We don't know why the state of Washington has taken such a draconian stance against Internet poker, but if you live there, it's probably best not to play, even if you can find a site which would accept you as a player.
Games of Skill vs. Games of Chance
The amount of controversy surrounding whether or not it's legal to play poker on the Internet in the United States is strange, especially in light of the similarities between the game and the free market system, which is one of the cornerstones of the American way of life. Poker is even commonly called 'America's card game.' Expert players consider it a mind sport. Even the general public considers poker a sport; that's why it's the subject of televised events on ESPN, a TV channel that specializes in sports programming and reporting.
In August, 2012, Judge Jack B. Weinstein, a federal judge in Brooklyn, ruled that poker is predominantly a game of skill rather than chance. The reasoning is that the money doesn't flow to the luckiest players at the table, at least not in the long run. In the end, the most skilled players win the most money. The skills used in poker include reading other players, concealing your own intentions, and evaluating the odds that your hand is the best.
According to Judge Weinstein, 'The most skillful professionals earn the same celestial salaries as professional ballplayers.'
Of course, this doesn't mean that playing poker doesn't constitute gambling, at least not colloquially. What makes a game 'gambling' is the activity of betting money. Skill becomes a consideration from a legal standpoint, though. In many jurisdictions, contests of skill are treated dramatically different from games of pure chance.
You might be the best poker player in the world, but on any given hand, you face an element of risk. The same holds true for other bettors who use skill to get an edge. Blackjack card counters, expert video poker players, and skilled sports handicappers all sometimes lose.
The Interstate Wire Act of 1961
Does the Wire Act make online poker illegal?
The Interstate Wire Act of 1961, sometimes called 'the Federal Wire Act', was passed in September, 1961 in an attempt to thwart organized crime.
In 2005, the Justice Department sent threatening letters to Internet publishers and broadcasting companies, including Google, Yahoo, and Infinity Broadcasting. Their contention was that accepting advertising from companies involved in online gambling was 'aiding and abetting' illegal activities. They used the Interstate Wire Act as justification for this.
In December, 2011, The Justice Department reversed their position, stating that the Interstate Wire Act of 1961 only applies to sports betting, not to poker.
So the short answer, until the Supreme Court rules otherwise, is no, the Wire Act does not make online poker illegal.
The Unlawful Internet Gambling Enforcement Act of 2006
Does UIGEA make online poker illegal?
The Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA) was passed as part of the Safe Ports act. The law made it a federal crime to accept payments connected with illegal Internet gambling. It did not define 'illegal Internet gambling', and since the Wire Act only applied to sports betting, no federal law makes it illegal to play poker on the Internet for money.
So the short answer again is no, UIGEA does not make online poker illegal unless state laws make it illegal (which they seem to do in the vast majority of the states).
As a practical matter, though, UIGEA has made life harder for online rounders. Some companies, including Pacific Poker, Paradise Poker, and Party Poker, stopped accepting real money players from the United States. Other companies, including Full Tilt Poker, PokerStars, and the Cereus Poker network, continued to accept players from the United States. Eventually, even those companies had to capitulate to the prevailing anti-gambling sentiment from the current U.S. governmental regime.
Black Friday
Did the events of Black Friday make online poker illegal?
In 2011, an estimated 2 million Americans played online poker for money on a regular basis. On Friday, April 15, 2011, The Justice Department eliminated most of this play when it shut down the three most trafficked poker sites (Pokerstars, Full Tilt Poker, and the Cereus Network) with charges of money laundering and fraud. The US government contended that the companies had violated UIGEA, but the poker companies operated under the understanding that online poker wasn't illegal and therefore didn't constitute a violation of the act.
The Department of Justice not only seized control of the websites for the three companies, they also froze the assets in 76 bank accounts in 14 countries. Both civil and criminal charges were filed. In July, 2012, the U.S. government dismissed 'with prejudice' the civil complaints, but not the criminal indictments. PokerStars and Full Tilt Poker settled without admitting wrongdoing. As part of the settlement, PokerStars bought Full Tilt Poker.
No, the events of Black Friday didn't make online poker illegal, but they had a chilling effect on the actual play. The industry still hasn't recovered, but there are reasons to be optimistic.
The Poker Player's Alliance
The Poker Player's Alliance (PPA) was founded in Washington D.C. in 2005 as a non-profit political advocacy group to protect the rights of poker players in the US. Their goals include overturning UIGEA and passing legislation legalizing and regulating poker on the Internet. From their about us page, their mission is as follows: 'The PPA's mission is to establish favorable laws that provide poker players with a secure, safe and regulated place to play.'
Multiple bills have been proposed in Congress to amend UIGEA with an exception for online poker and other skill games but none have passed. We encourage the civic-minded members of our readership to visit their site, consider donating, or use their other resources to write to the lawmakers who represent them in the government. If it is the will of the people, safe and regulated online poker can become a reality sooner rather than later.
Delaware, Nevada, and New Jersey
Three states, Delaware, Nevada, and New Jersey, have passed laws explicitly legalizing and regulating online gambling.
Delaware taxes the first $3.75 million of online gambling revenue in a year at 100%, which means that casinos need to generate a tremendous amount of activity to earn any money from online gambling activities. To legally gamble online in Delaware, a player must be of gambling age and operate their computer (or smartphone/table) within the state. The online poker market there is correspondingly small as a result, but state officials are confident that revenues from online gambling will grow as it catches on there.
Nevada has legalized online poker for two sites: UltimatePoker.com and WSOP.com. These two sites have exclusive rights to run online gambling in the state. As in Delaware, players must be of legal gambling age and operate their computer within the state. Nevada taxes online gambling revenues at the same rate (6.75%) as all other gaming revenue.
Websites offering online gambling in New Jersey are required to have a relationship with a physical casino within the state. They tax this revenue at 15% (compared to the 8% they tax their physical casinos). All gambling activities, including poker, are legal within this context, but revenues have been lower than expected. This disappointment is, at least in part, a result of credit card companies' lack of cooperation in processing these transactions.
These are not the only states where it's legal to play poker. They're just the only states to have laws on the books specifically legalizing the activity and regulating it. In the United States, an activity is legal unless a law prohibits it, so the lack of laws on the books in some states does not equate to the committing of a crime. At least nine other states have proposals to legalize and regulate poker on the Internet.
Can You Legally Play Poker for Money on the Internet in the US?
Is Real Money Online Poker Legal In Usa
State laws vary. If you live in the state of Washington, playing poker online for money is a felony. In most cases, general state gambling laws make online poker illegal as well. To our knowledge, no one in the United States has been indicted or convicted of a crime related to playing online poker for money so far. This, of course, might change in the blink of an eye. We recommend that you only participate in online poker if it's legal where you live.