Michigan approved online casino sites at the end of 2019 in law which will allow up to 15 online casinos in the state. We expect these to start going online later this year. Whilst legal land based casinos are available in many states, it will be some time before online casinos catch up.
Thousands of Americans gamble online. But is online gambling legal? We break it down to show you what you can do, what you can't do, and what's still up in the air.
by Katherine Butler
updated September 03, 2020 ยท 2min read
The legality of online gambling is ever-changing. But one thing is constant: it makes a lot of money. Online gambling industry makes an estimated $1 billion dollars annually. This is a huge business, and a lot of people have cashed in on it. But it has led to some ambiguous legal issues, as the legality of online gambling is constantly being challenged.
There are differences in the legality of making bets, taking bets, facilitating payments to casinos, and advertising on websites. And there are constantly new legal challenges. So here is a breakdown of the law on online gambling.
Legal Forms of Gambling
There is no federal law against placing a wager online. So, you can legally place a bet online. However, a wager must not be placed on a site located in the United States. There is a small chance players might run afoul of state law, but there is little chance of prosecution. The only case cited where a person got into trouble with a state was in 2003. Jeffrey Trauman of North Dakota paid a $500 fine on over $100,000 of online sports bet winnings.
Sites that are set up outside of the United States are legal. Therefore, gambling on websites located in areas like Australia, the Caribbean, and Latin America is legal. Just be very clear that the site you are playing on is not based on U.S. soil.
Definitely Not Legal Forms of Gambling
It is never legal to gamble on a website based in the United States. Also, if you are planning to operate an online gambling site, stay outside of the United States. You must also deal only with casino and poker wagers (not sports bets) from people in the US. And you cannot take bets over the phone from people in the United States.
Accepting online gambling advertising is also illegal. If you are a small publisher, you are less likely to be prosecuted, but why risk it? As of early 2009, only large and mid-size publishers had faced prosecution. In 2007, the three big search engines (Google, Yahoo, and Microsoft) each paid a fine for accepting online gambling ads, but did not face criminal charges. Other publishers, such as Esquire Magazine, have been warned by the government not to take online gambling advertising.
Facilitating the transfer of funds to online casinos is also a bad idea. As of 2006, it became illegal for American banks to process transactions originating from or directed toward any online gambling operator. Because of this, several sites then refused to take bets from American players. But as the law seems difficult to enforce, it has not turned the tide completely for American players.
Still up in the Air
Advertisers who promote sports books in magazines and on billboards may or may not face prosecution. So far, sports books have never been scrutinized for advertising online. And online casinos, poker rooms, and sports books have never been prosecuted for buying ads.
Online casinos and operators still accept American players. And international financial parties have continued to process their transactions. The legality is always changing and there have been attempts to declare online wagering against the law, but for now, U.S. citizens who simply place bets online are in the clear.
We've compiled this legal online betting guide for US players arranged by state, to provide accurate and up to date information on the legal online gambling status and gaming options available within each US state. Our goal is to provide a comprehensive state gambling directory which will empower players with the information to make informed decisions about online gambling.
This state-specific data will include a look at the state laws governing online gambling opportunities from online casinos, online poker, to online sports betting.
Each individual state is approaching the legalization of online gambling differently, thus it is necessary to detail lawfully available state-licensed options, and sanctioned licensed offshore online gambling opportunities. We also address some of the most commonly asked questions about gambling in each state and provide some helpful resources for players to access. This information can only be covered in depth within each of the state pages we offer, which you can find listed within this guide.
Is Online Gambling Legal In My State?
To avoid confusion, we have marked US states which offer state-regulated gambling options in the table below with a check mark. At this moment in time, eight US states have legalized and regulated online gambling in some form. For example:
Online Poker & Casinos:
- Delaware - Online Poker and Online Casino gambling
- Nevada - Online Poker
- New Jersey - Online Poker, Online Casinos
- Pennsylvania - Online Poker, Online Casinos
- West Virginia - Online Poker, Online Casinos
Online Sports Betting & Fantasy Sports
- Illinois - Legalized Online Sports Betting**
- Indiana - Offers Online Sports Betting
- Iowa - Offers Online Sports Betting
- Massachusetts - Fantasy Sports Allowed
- Mississippi - Online Allowed At Casinos Only
- Montana - Legalized Online Sports Betting**
- Nevada - Online Sportsbooks State-wide
- New Jersey - Online Sportsbooks State-wide
- New York - Allows Fantasy Sports And Domestic Sports Betting
- Oregon - Offers Online Sports Betting
- Pennsylvania - Offers Online and Domestic Sports Betting
- Rhode Island - Offers Online and Domestic Sports Betting
- Tennessee - Offers Online Sports Betting Apps
- West Virginia - Online Sports Betting Allowed State-wide
** Legalized but Pending launch
Online Lottery:
- Georgia - Online Lottery Allowed
- Illinois - Online Lottery Allowed
- Kentucky - Online Lottery Allowed
- Michigan - Online Lottery Allowed
- Minnesota - Online Lottery Allowed
- New Hampshire - Online Lottery Allowed
- Pennsylvania - Online Lottery Allowed
Is Licensed Offshore Gambling Legal In My State?
While the above-mentioned states offer regulated online gambling, they still maintain the option to utilize licensed offshore online options. Nearly all US state residents, except those from Washington or Connecticut, can legally access licensed offshore online gambling platforms to play online casino games, poker, or bet on sports.
This is because no state laws in these other 48 states specifically prohibit or allow it - thus operating in a technical grey area, it is still considered safe to use because it is not likely these states will draft and pass legislation to specifically affect domestic access to licensed offshore gaming.
What Is The Minimum Online Gambling Age in the US?
There is no one minimum gambling age in the US as this is set and regulated by each individual state. The minimum gambling age within each state is affected by various factors such as game selected and licensor. By this, we mean state-regulated online gambling options require domestic players, whether residents or visitors, to abide by the state's minimum gambling age for that form of gambling on land within the state's borders.
However, licensed offshore online platforms which offer casino games, poker, and sports betting can lawfully accept players who are at least 18 years of age or older. These licensed offshore online sites also offer players much more in the way of bonuses and perks and the platforms we recommend are all extremely reputable.
U.S. States Where You Can Legally Gamble At 18 And Up
Below you can learn more about the minimum legal online gambling age by state in the USA.
| AL Offshore Yes:18 | IL Offshore Yes:18 | NE Offshore Yes:18 | SD Offshore Yes:18 |
| AK Offshore Yes:18 | IN Offshore Yes:18 | NV Offshore Yes:18 | SC Offshore Yes:18 |
| AZ Offshore Yes:18 | KS Offshore Yes:18 | NH Offshore Yes:18 | TN Offshore Yes:18 |
| AR Offshore Yes:18 | KY Offshore Yes:18 | NJ Offshore No | TX Offshore Yes:18 |
| CA Offshore Yes:18 | LA Offshore Yes:18 | NM Offshore Yes:18 | UT Offshore Yes:18 |
| CO Offshore Yes:18 | ME Offshore Yes:18 | NY Offshore Yes:18 | VT Offshore Yes:18 |
| CT Offshore No | MD Offshore Yes:18 | ND Offshore Yes:18 | VA Offshore Yes:18 |
| DE Offshore Yes:18 | MA Offshore Yes:18 | NC Offshore Yes:18 | WA Offshore No |
| FL Offshore Yes:18 | MI Offshore Yes:18 | OH Offshore Yes:18 | WV Offshore Yes:18 |
| GA Offshore Yes:18 | MN Offshore Yes:18 | OK Offshore Yes:18 | WI Offshore Yes:18 |
| HI Offshore Yes:18 | MS Offshore Yes:18 | OR Offshore Yes:18 | WY Offshore Yes:18 |
| ID Offshore Yes:18 | MO Offshore Yes:18 | PA Offshore Yes:18 | |
| IA Offshore Yes:18 | MT Offshore Yes:18 | RI Offshore Yes:18 |
Online Gambling Laws in The United States
Gambling laws can be a rather complex topic these days as there are several US federal gambling laws to account for such as the UIGEA, and the Federal Wire Act, as well as, several individual state gambling laws. The reason for this is because the United States DOJ has said that states have the authority to determine their own destiny concerning both land-based and online gambling.
Legal Pa Online Casinos
Afterward, several states moved forward with legalizing some forms of online gambling for their region. Multiple other states are currently in discussions amongst themselves regarding the possibility of embracing this virtual gaming platform in their own territories. As discussed earlier and from what can be read from our laws page, US players outside of WA and CT are permitted access to multiple licensed, certified, and regulated online gambling sites hosted outside of the United States. This is a nice alternative for those players not located in a state with its own regulated form of domestic online gambling.