Is poker legal? It’s a question asked every day across many states in the country. Is poker legal? The answer to the question is poker legal is yes. Or no. Or maybe, depending on the circumstances and the state you live in. It also depends on if you’re talking about online poker, a poker game at home, or a bar, club, or casino poker game.
The reason the answer to the simple question is poker legal is so complicated is because states have written various laws pertaining to online and at home poker games, and whether they are legal or illegal. The number one factor in determining whether a poker game is legal or illegal in your state seems to be whether the person or company hosting the poker game is taking a cut of the pot, or raking. This is what makes poker illegal in almost every state.
But like everything in life, state laws on illegal gambling included, there is some gray area, some loopholes in the law. Most state laws state the owner of the establishment running the poker game can not profit from the game. But what about the bars in the state of Louisiana that don’t charge for the game or rake the pot, aren’t they still increasing their alcohol sales as an indirect result of the legal poker game they’re hosting?
And in the state of California, it is still a legal game if the owner rakes the pot only three times in a night. Rake the pot the fourth time, and the owner, and players too, just made it an illegal poker game and are guilty of a misdemeanor.
Indian tribes can operate legal poker games, but according to federal law, the tribes must still adhere to the state laws governing legal and illegal poker games! So the Seminole casinos in Florida must adhere to the state’s very strict limits on betting amounts, making high stakes poker games or no-limit Texas Hold’em poker tournaments illegal, even on the Native American reservation.
In the state of Kentucky, many poker entrepreneurs have found a loophole in the profit part of the legal vs. illegal poker game issue. If they are running the poker game for a non-profit agency, then they have themselves a legal poker game.
Hosting an at home poker game can be a lot of fun, gathering your friends and neighbors for a night of poker, snacks, and drinks. But how do you know if it’s legal? In most states, as long as you don’t charge admission to the game or take a cut of the pot, you’re ok. But what about if your friends throw in some money for the snacks, is that illegal? In most states, no, but make sure it’s separate from the gambling money. And remember, nobody should leave the legal poker game with more than their actual winnings.
Legal online poker took a blow in 2006 when congress passed the Unlawful Internet Gaming Enforcement Act of 2006 where a federal bill, which trumps all state laws on the issue, made internet gambling illegal. Real money online poker games would become illegal.