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Online poker laws in the US

Online poker laws in the US are made by the states: no federal statute legalizes or bans playing poker online, but federal law restricts the businesses that run unlawful games. Nevada licenses online poker, a handful of states license internet gaming, and regulators in states such as Iowa, Wyoming and Washington say online poker is illegal.

Key takeaways

  • No federal law makes playing online poker a crime for the player; state law decides legality.
  • The Wire Act targets people in the betting business, and a 2021 appeals ruling limited it to sports bets.
  • UIGEA blocks payments to unlawful internet gambling businesses, defined by state law.
  • Nevada licenses online poker under NRS 463.750; Iowa and Wyoming regulators say online poker is not allowed.
  • Offshore casinos offer house-banked poker games, not state-licensed poker rooms.
Federal ban on playing
None; state law decides
Key federal laws
Wire Act, UIGEA, 18 U.S.C. § 1955
Licensed online poker (example)
Nevada (NRS 463.750)
States with licensed internet gaming
NJ, PA, MI, WV, DE, CT, RI
Poker tournament W-2G
Net win of $2,000+ (2026)
Checked
October 28, 2026

Online poker is legal and licensed in a small number of states, illegal by statute or regulator statement in others, and unaddressed in many. There's no national online poker license. Whether you can play depends on where you are when you log in and whether the site is licensed by that state.

Federal law sets the outer limits. It does not make playing poker online a federal crime for you, but it does reach the businesses that run gambling unlawfully, and it backs up state law with payment restrictions. Our quick answer page, is online poker legal in the US?, covers the basics; this page goes through the statutes, the states and what they mean in practice. For other topics, see our US gambling law hub.

Federal online poker laws: Wire Act, UIGEA and § 1955

The Wire Act and poker

The Wire Act, 18 U.S.C. § 1084, makes it a crime for someone in the business of betting to knowingly use wires to send interstate or foreign bets or wagers. Whether it covers poker at all has been argued for years. The Justice Department's 2011 opinion limited it to sports; its 2018 opinion said most of its prohibitions reach non-sports gambling too.

On January 20, 2021, the First Circuit held in New Hampshire Lottery Commission v. Rosen that the Act covers only bets on sporting events or contests. In a June 18, 2021 letter, state attorneys general told the US Attorney General that the ruling binds the Department only as to the parties in that case and asked it to withdraw the 2018 opinion. The 2018 opinion is still published by the Justice Department (opens in a new tab), and a Supreme Court review was not found in our sources.

UIGEA and poker payments

UIGEA bars gambling businesses from knowingly accepting cards, electronic transfers, checks and similar payments in connection with unlawful internet gambling. "Unlawful" means unlawful under the federal or state law where the bet is placed or received, per 31 U.S.C. § 5362 (opens in a new tab). UIGEA doesn't make poker illegal; it targets operators who take payments for games that are already illegal somewhere.

The Illegal Gambling Business Act

Under 18 U.S.C. § 1955, running a gambling business that breaks state law, involves five or more people, and runs for more than 30 days or takes $2,000 in a single day is a federal crime punishable by up to five years. Again, it is aimed at the business, and it depends on state law being broken first.

Online poker laws by state

State positions fall into four groups. The table uses what regulators and statutes say; where our sources are third-party, it says so.

Online poker status in selected states (checked October 28, 2026)
StateWhat the law or regulator saysSource type
NevadaOnline poker is the only licensed online gaming; real-money online casino games are not legal. NRS 463.750 requires a license to operate interactive gamingThird-party summary plus statute
New Jersey, Pennsylvania, Michigan, West Virginia, Delaware, Connecticut, Rhode IslandLicense internet gaming; check each regulator's list of authorized sites for poker roomsPrimary or official
Iowa"Iowa law does not allow for online casinos, slots or poker" (Racing and Gaming Commission, September 3, 2025)Primary
WyomingOnline casinos, poker rooms and other iGaming are illegal (Gaming Commission, May 22, 2025)Primary
WashingtonState law prohibits any online gambling; RCW 9.46.240 makes knowingly transmitting or receiving gambling information online a class C felonyPrimary
OhioThe Casino Control Commission recommends blocking software for unregulated online casinos, social casinos and online pokerPrimary
MontanaNo form of internet gambling is legal besides nonprofit rafflesPrimary
MississippiAny casino game conducted online where money is paid and won is illegalPrimary

Nevada's rules sit in NRS Chapter 463 (opens in a new tab), which also sets 21 as the minimum gaming age. For Iowa, the Racing and Gaming Commission's September 2025 release (opens in a new tab) adds that unlicensed operators are not subject to independent testing or player protection rules. Each state's hub page has the details.

Most other states have no poker-specific online rule in our sources. Their general gambling statutes and regulator statements still apply, and regulators in many, such as Arizona, Colorado, Minnesota and New York, say online casinos aren't legal there. Our states with legal online casinos page lists the seven licensing states.

Online poker in the seven internet gaming states

Seven states license real-money online casino gaming, each under its own statute:

  • New Jersey: Casino Control Act Article 6C; 9 internet gaming permits held by 7 entities on the Division of Gaming Enforcement's September 22, 2026 list.
  • Pennsylvania: 12 certificate holders and 25 authorized brands as of February 13, 2026.
  • Michigan: Lawful Internet Gaming Act (PA 152 of 2019); 15 authorized online casino platform providers.
  • West Virginia: Lottery Interactive Wagering Act; up to 5 licenses by statute.
  • Delaware: online games at three casinos through the Delaware Lottery and one platform.
  • Connecticut: Public Act 21-23 (2021); two licensees linked to the state's tribes.
  • Rhode Island: a state-run monopoly with Bally's, launched March 5, 2024 (third-party).

Our sources don't list which of these licensees run poker rooms, so we won't guess. If online poker is offered legally in one of these states, the site will appear on the regulator's authorized list and will check that you're inside the state. Maine also legalized tribal-run online casinos in January 2026 (LD 1164), but nothing had launched by October 2026 and a lawsuit is pending.

Tribal poker and card rooms

Live poker is far more widely available than online poker. Under the Indian Gaming Regulatory Act, Class II gaming includes certain non-banked card games, regulated by tribes with federal oversight, while banking games against the house are Class III. Player-vs-player poker is non-banked because the house isn't playing a hand. See tribal gaming for the class system.

Some states license commercial card rooms too. California's Bureau of Gambling Control oversees 91 cardrooms alongside 60 tribal casinos. Our card rooms guide explains how they work.

Poker rooms vs house-banked poker games

The word "poker" covers two very different products online, and the law and the math treat them differently.

Two kinds of online poker
FeaturePlayer-vs-player poker roomHouse-banked poker game or video poker
Who you play againstOther playersThe casino (house)
How the operator earnsFees on pots or tournament entriesHouse edge built into the pay table
Where licensed in the USOnly where state law allows online poker, such as NevadaOnly in the seven internet gaming states
ExamplesCash games and tournamentsTri Card Poker, Caribbean Stud, Jacks or Better
What skill changesYour results against other playersOnly how close you get to the published RTP

For house-banked games the cost of play is simple to estimate: expected loss = total stake × house edge. Tri Card Poker from RealTime Gaming is listed by a third-party catalog at 95.51% RTP, a 4.49% house edge, so $500 of total bets costs about $22.45 on average. Jacks or Better is listed by a third-party site at 99.54% RTP, so $500 of play costs about $2.30 on average if you play the strategy that figure assumes. Real sessions swing far above and below those averages. Our Tri Card Poker review explains the game's rules and pay table.

Offshore poker sites: the legal and practical risks

Offshore poker and casino sites aren't licensed by any US state. Regulators describe the consequences plainly: Michigan's Gaming Control Board says it cannot help players recover deposits from offshore sites, and Arizona's Department of Gaming says unregulated sites are outside its authority, so victims have little chance of recovering funds.

  • No state regulator reviews game fairness or how player balances are held.
  • No state complaint route if a withdrawal stalls or an account is closed.
  • Terms, including bonus and withdrawal rules, are whatever the site sets.
  • Card payments may be declined because of bank gambling blocks linked to UIGEA.

Our offshore casino legality page covers this in more depth, including what each state's regulator has said.

Taxes on online poker winnings

Poker winnings are taxable federal income, online or live, legal site or not. Under the IRS W-2G instructions (opens in a new tab), a payer reports poker tournament winnings when the net win, meaning the prize minus the buy-in, meets the threshold, which is $2,000 for 2026.

Example: a $200 buy-in tournament that pays $2,500 gives a net win of $2,300, which meets the $2,000 threshold. A $1,000 buy-in that pays $2,800 nets $1,800 and wouldn't trigger the form, but the $1,800 is still income to report. Losses are deductible only up to gains if you itemize, and from 2026 the deduction is reported to be capped at 90% of losses; check IRS guidance. See the W-2G form and gambling taxes.

Online poker law timeline

Federal and state milestones affecting online poker
DateEvent
1961Wire Act passed
October 17, 1988Indian Gaming Regulatory Act enacted
2006UIGEA enacted
2011Justice Department opinion limits the Wire Act to sports
November 2, 2018Justice Department opinion reverses course for most non-sports gambling
January 20, 2021First Circuit limits the Wire Act to sports betting
June 18, 2021State attorneys general ask DOJ to rescind the 2018 opinion
May 22, 2025Wyoming Gaming Commission says online poker rooms are illegal
September 3, 2025Iowa regulator says state law does not allow online poker

How to check whether an online poker site is legal for you

  1. Look up your state's position on our state hubs or with your state's gaming regulator.
  2. If your state licenses online poker or internet gaming, find the regulator's list of authorized sites and match the exact brand.
  3. Expect a licensed site to verify your age and that you are physically inside the state.
  4. If the site isn't on any state list, treat it as unlicensed, with no state protection for your balance.
  5. Keep records of buy-ins and cashouts for taxes, whichever kind of site you use.

If poker is taking more time or money than you planned, the National Problem Gambling Helpline is free and confidential at 1-800-MY-RESET (1-800-697-3738), by call or text. Our helpline page lists chat and local programs.

Casino poker games with an offer via our links

We don't partner with any poker room. The closest fit among our partners is casinos that carry house-banked poker games and video poker. SlotoCash lists Tri-Card Poker and Double Double Bonus Poker on its own site, and third-party reviews report Jacks or Better, Deuces Wild and 14 video poker variants at Planet 7. Both are offshore casinos that no US state licenses, so check your state's law first. The Michigan Gaming Control Board named Planet 7 in actions announced April 9, 2025 and SlotoCash on October 8, 2026.

SlotoCash Casino: $6,000 Welcome Bonus + 60 Free Spins, via our link (new players, 21+ or 18+ where allowed, terms apply). The casino's terms list a $20 minimum per bonus, 25x (deposit + bonus) wagering and no max cashout, but its general bonus terms exclude video poker and table games by default, and welcome bonus play is limited to slots, keno and scratch cards. Its site advertises a different package, $7,777 plus 300 spins over five deposits, so the terms shown at sign-up apply.

Planet 7 Casino: $2,750 Welcome Bonus + 45 Free Spins, via our link (new players, 21+ or 18+ where allowed, terms apply). Third-party reviews report a 200% match with code WELCOME200, 30x (bonus + deposit) wagering on slots and a $1,000 max cashout, with sources disagreeing on other terms.

In short, the bonuses are for slots, not poker; if you want to play poker-style games, consider playing without a bonus. We earn a commission from these links.

Ad21+ (18+ where allowed). Ranked by us in a commercial order; we earn commission from these links. Advertiser disclosure

These casinos don't run player-vs-player poker rooms. They carry house-banked poker games and video poker, and no US state licenses them.

SlotoCash Casino #1 on our listBiggest bonus on our list

$6,000 Welcome Bonus + 60 Free Spins

  • Wagering25x deposit + bonus
  • Min deposit$20 per bonus
  • Max cashoutNone stated
  • Withdrawals$5,000 / week
Claim bonus21+. New players. Terms apply.SlotoCash review
Key terms, license and regulator notes

Published terms (casino terms): SlotoCash advertises up to $7,777 + 300 spins over five deposits on its own site. Eligible games: Slots, keno and scratch cards (progressive jackpots excluded).

Who runs it: License not shown on its site; reported as a Deckmedia N.V. brand (Curaçao). Regulator notes: Named in a Michigan Gaming Control Board cease-and-desist release, October 8, 2026.

21+ (18+ where allowed). New players. Min deposit $20 per bonus. Wagering 25x deposit + bonus. Max cashout: None stated. Withdrawal cap $5,000 / week. Terms source: casino terms. Terms apply. Offer checked October 28, 2026.

Planet 7 Casino #5 on our listRealTime Gaming slots

$2,750 Welcome Bonus + 45 Free Spins

  • Wagering30x deposit + bonus (reported)
  • Min deposit$30 (reported)
  • Max cashout$1,000 (reported)
  • Withdrawals$2,500 / week (reported)
Claim bonus21+. New players. Terms apply.Planet 7 review
Key terms, license and regulator notes

Published terms (reported): Third-party reviews report a 200% match with code WELCOME200; the casino site could not be checked directly. Eligible games: Slots (reported).

Who runs it: License not shown; third parties report Costa Rica or none. Regulator notes: Named in a Michigan Gaming Control Board cease-and-desist release, April 9, 2025.

21+ (18+ where allowed). New players. Min deposit $30 (reported). Wagering 30x deposit + bonus (reported). Max cashout: $1,000 (reported). Withdrawal cap $2,500 / week (reported). Terms source: reported. Terms apply. Offer checked October 28, 2026.

These casinos are offshore operators. They are not licensed or regulated by any US state, and state consumer protections do not apply. Check the law in your state before you play. Terms marked “reported” come from third-party reviews; the terms shown at sign-up apply.

21+ (18+ where allowed). Every casino game has a built-in house edge, so over time you should expect to lose what you stake. Set a budget before you play and stop when it’s gone: responsible gambling tools and free help. Gambling problem? Call or text 1-800-MY-RESET (1-800-697-3738).

Frequently asked questions

Is online poker legal in the US?

It depends on your state. No federal law makes playing online poker a crime for the player, but each state decides whether online poker is allowed. Nevada licenses online poker, seven states license internet gaming, and regulators in Iowa, Wyoming and Washington say online poker or all online gambling is illegal. Check your state hub and our quick answer page.

Does the Wire Act apply to online poker?

Under the First Circuit's 2021 ruling, no; the court held the Wire Act covers only bets on sporting events or contests. The Justice Department's 2018 opinion read it more broadly, and state attorneys general noted in June 2021 that the ruling binds DOJ only as to the parties in that case. So the question isn't fully settled nationwide. See our Wire Act page for the full history.

Did UIGEA make online poker illegal?

No. UIGEA doesn't make any game illegal. It bars gambling businesses from accepting cards, transfers and checks connected to unlawful internet gambling, and it defines unlawful by reference to federal or state law where the bet is made. Poker's legality therefore still comes from state law, while UIGEA affects how payments flow. Read our UIGEA explainer and what is UIGEA?

Which state licenses online poker?

Nevada is the clearest example in our records: online poker is its only licensed form of online gaming, and NRS 463.750 requires a license to operate interactive gaming. Seven states, New Jersey, Pennsylvania, Michigan, West Virginia, Delaware, Connecticut and Rhode Island, license internet gaming more broadly; check each regulator's authorized list for poker. See Nevada and states with legal online casinos.

Can I get in trouble for playing poker on an offshore site?

State law decides, and states differ. Federal statutes like UIGEA and § 1955 target businesses, not players, but some state laws reach players: Washington's RCW 9.46.240 makes knowingly transmitting or receiving gambling information online a class C felony. We can't say how any state enforces its law against individuals. Read can I get in trouble for playing online casinos? and your state's gambling law page.

Are poker tournament winnings taxable?

Yes, all poker winnings are taxable federal income. A payer files a W-2G when your net tournament win, meaning prize minus buy-in, meets the threshold, $2,000 for 2026. You must report smaller wins too. Losses are deductible only up to gains, and a reported 90% cap applies from tax year 2026, so keep records of buy-ins. See gambling taxes and the W-2G form.

Is video poker the same as online poker under the law?

Not really. Video poker is a house-banked game where you play against a pay table, much like a slot machine, so it's treated as a casino game. Online poker usually means player-vs-player games in a poker room. Both are licensed online only where a state allows them. Learn the game on our how to play video poker guide and the Jacks or Better page.

Is poker at tribal casinos legal?

Yes, where the tribe runs it under the Indian Gaming Regulatory Act. IGRA places certain non-banked card games in Class II, regulated by tribes with NIGC oversight, while house-banked casino games are Class III and need a state compact. Rules and ages are set by the tribe and, where relevant, the compact. Our tribal gaming page and card rooms guide explain more.

Is online poker legal in Michigan?

Michigan licenses internet gaming under the Lawful Internet Gaming Act (PA 152 of 2019), so real-money online play is legal there on sites the Michigan Gaming Control Board authorizes. The board's list shows 15 authorized online casino platform providers, and our sources don't break out which of them run poker rooms, so check the list for the exact brand. Account holders must be 21. Offshore poker sites aren't on that list, and the board has sent repeated cease-and-desist letters to unlicensed operators. See Michigan real money casinos and Michigan gambling laws.

What is the legal age to play online poker in the US?

It's 21 at state-licensed sites in the markets we track, though the age is set state by state. Nevada's NRS Chapter 463 sets 21 as the minimum gaming age, and Michigan requires account holders to be 21 for internet wagering. Iowa, where online poker isn't allowed, uses 21 for its casinos and sports betting, according to an industry report. Some offshore sites say 18 in their terms, but that doesn't change your state's law. Our gambling age by state table lists each state's figures.

Is free online poker legal in the US?

Free play with nothing of value at stake generally sits outside the federal definition of a bet. UIGEA's definition of "bet or wager" excludes games where you risk nothing beyond your effort, internet access or free credits handed out by a sponsor, as written in 31 U.S.C. § 5362. Free play is still subject to each site's own terms and age rules. The picture changes when chips can be bought and converted into cash prizes, which is the model several states have banned in sweepstakes casinos. Our social casinos guide and sweepstakes casino laws page explain where that line falls.

Is online poker legal in Iowa?

No, the Iowa Racing and Gaming Commission said in a September 3, 2025 release that "Iowa law does not allow for online casinos, slots or poker." The commission added that any site or ad offering those games isn't authorized by it, and that unlicensed operators aren't subject to independent testing or player protection rules. Iowa does license online sports wagering and fantasy sports under 2019's SF 617, and the state has 20 licensed gaming facilities on its legislative services list. Players in Des Moines, Cedar Rapids and Davenport can find help at 1-800-BETS OFF. See Iowa gambling laws for the statutes.

What happens if an offshore poker site won't release my withdrawal?

You have few options, because no US state regulator oversees offshore poker or casino sites. Michigan's Gaming Control Board says it cannot help players recover deposits from offshore sites, and Arizona's Department of Gaming says victims of unregulated sites have little chance of recovering funds. Start with the site's own complaints process, keep copies of every message, deposit record and document you sent, and read its withdrawal terms for caps and verification steps. Stop depositing while the dispute is open. Our guides on casino withdrawal delays and filing a casino complaint set out the steps.

Sources