Is online poker legal in New York?
No, not at present, although NY lawmakers continue to work toward that possibility.
NY online poker is hampered by current law that includes poker among its list of prohibited games of chance. The state’s constitution only allows a few exceptions for poker, including at regulated commercial casinos. Meanwhile, Native American-owned casinos can also spread live poker if they wish, per the applicable nation or Tribal Gaming Agency.
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. TRACK YOUR POKER STATS, AVOID THE SHARKS. 99.9% of all Online Tournaments Tracked. View player’s ROI and Profits. Tournament Selection, Collusion Detection & More! OPT-IN FOR A CHANCE TO.
In early 2020, a bill was introduced in the state Senate that would remove poker from the list of prohibited games while authorizing up to 11 online poker licenses to operators. A similar bill was introduced in the State Assembly as well. In both cases, the bills failed to advance beyond committees the year before.
While poker fans know that the game is the best option for online gamblers, it is not the most lucrative for operators. As such, it has proven challenging to get online poker legalized, especially as a standalone activity. However, it is not impossible. Today, we will take a look at signs that online poker has a legitimate chance to become legal in your state. This online poker casino lets you play poker online for real money. It’s consistently rated as one of the best online poker sites for US players. The reason why it’s rated as one of the best online poker sites US players is due to its various features. Some of the features it has included a 100% casino match bonus that goes up to $1000.
These are the latest among several attempts to legalize online poker in New York, ranging back to 2013.
Will New York regulate online poker?
If recent history provides any indication, chances are not great that real money online poker will be legalized and regulated in New York in the near future.
Previous online poker bills that have been introduced have failed to garner adequate support to advance through the legislative process. Meanwhile, online sports betting has gotten much more attention among lawmakers lately thanks in part to gambling laws in neighboring states. New Jersey and Pennsylvania have launched online poker sites, casinos and sportsbooks.
If online poker were to become legal, the New York State Gaming Commission would be the governing body drafting regulations, issuing licenses and overseeing the integrity of online poker in New York.
What are sweepstakes poker sites?
In the absence of real money NY poker sites, there aresweepstakes poker sites that currently welcome players in New York. The most popular of these sites is Global Poker, where players from every US state except Washington can play.
Sweepstakes sites use virtual currencies rather than real money. Global Poker uses Gold Coins and Sweeps Coins.
Players can purchase Gold Coins to play “cash” games and tournaments. When they buy Gold Coins, they receive Sweeps Coins as a bonus. Sweeps Coins can be obtained in other ways as well, including via Facebook giveaways and even by writing to Global Poker directly.
Furthermore, players can use Sweeps Coins for sweepstakes-style cash games and tournaments. Players can win and accumulate more of them. Then, once they have collected a minimum required amount, players can redeem Sweeps Coins for real money and withdraw the cash.
What about offshore poker sites? Are they safe?
There are online poker sites located outside the US — hence called “offshore” sites — that do accept US players. While New Yorkers don’t necessarily face legal obstacles to play on such sites themselves, they are, nonetheless, taking a risk when they do.
The Unlawful Internet Gambling Enforcement Act of 2006 restricts US banks and other financial service providers from allowing transactions with non-US gambling sites. That means rogue poker sites are forced to find other means via which to allow American players the ability to deposit and withdraw funds.
If that isn’t problematic enough, American players have to take a leap of faith when it comes to game integrity and the safety of their funds. There have been incidents of these sites suddenly closing and making off with players’ money, leaving Americans no legal recourse to recover their funds.
Also, if players suspect they have been victimized by cheating, collusion, ghosting, multi-accounting, or other types of fraud, they generally have to hope the sites respond to their complaints. Since again, they have no legal recourse to ensure they are protected.
Playing on a fully legal, licensed and regulated real money site is much more preferable. To be able to offer the games, operators must comply with rules to monitor and prohibit fraudulent activity, thus making the sites much safer for online poker players.
New York poker laws
The New York Penal Code explicitly prohibits gambling, defined as staking or risking “something of value upon the outcome of a contest of chance” or some other event not under a person’s control and doing so with “an agreement or understanding that he will receive something of value in the event of a certain outcome.”
That prohibition includes types of gambling in which skill plays a part, too.
The way the law is written, “contests of chance” involve any game that “depends in a material degree upon an element of chance, notwithstanding that skill of the contestants might also be a factor therein.”
There are exceptions, foremost among them playing in the state lottery or gambling at a facility licensed by the New York State Gaming Commission, such as at the state’s commercial casinos. Also allowed are horse racing and pari-mutuel wagering operations, authorized video lottery terminal operators, and Class 3 Indian gaming facilities.
Are home poker games legal in New York?
As is the case in many other states, home poker games are allowed in New York as long as no one is collecting rake or fees.
The relevant part of the New York Penal Code describes such a game as “a social game of chance… without fee or remuneration.”
There was a notable court case involving a home poker game in New York in 2011.
Lawrence DiCristina was hosting poker games out of a warehouse in Staten Island. DiCristina collected 5% rake in the game, which in and of itself, would run afoul of what the law says about hosting a “social game of chance.” However, DiCristina was found guilty of violating federal law, the Illegal Gambling Business Act (IGBA).
The case was appealed, and in 2012, the conviction was overturned in the US District Court for the Eastern District of New York. Interestingly, on appeal, the US District Court Judge Jack B. Weinstein ruled that Texas Hold’em was, in fact, a game of skill and thus not prohibited by the IGBA.
That ruling was reversed by the Second US Circuit Court of Appeals. DiCristina tried to appeal again, but in February 2014, the US Supreme Court declined to hear the case.
Nevertheless, the most recent attempts to introduce online poker legislation have included mention of the DiCristina case, in particular Judge Weinstein’s ruling that poker is considered distinct from other gambling games thanks to its skill component.

New York card rooms
New York is home to tribal casinos and commercial casinos, with live poker rooms found in each.
The first tribal casino opened in 1993, the Turning Stone Resort Casino in Verona, operated by the Oneida Indian Nation of New York. It continues to feature one of the biggest and most popular poker rooms in the state.
In 2013, commercial casinos were legalized and among them can be found some popular poker rooms as well, such as at Rivers Casino in Schenectady and Resorts World Catskills in Monticello.
No-limit hold’em is the primary game at all New York poker rooms, although the larger ones also spread pot-limit Omaha and stud games.
Meanwhile, both the Rivers Casino and the Seneca Niagara Casino & Hotel have hosted popular poker tournaments in recent years as well.
List of NY poker rooms
Here’s a list of live card rooms that players can find in New York casinos:
POKER ROOM | ADDRESS | TABLES |
---|---|---|
Akwesasne Mohawk Casino | 873 State Route 37, Hogansburg, NY 13655 | 5 |
Del Lago Resort and Casino | 1133 Route 414, Waterloo, NY 13165 | 14 |
Resorts World Catskills | 888 Resorts World Dr., Monticello, NY 12701 | 19 |
Rivers Casino & Resort at Mohawk Harbor | 1 Rush St., Schenectady, NY 12308 | 16 |
Seneca Niagara Resort & Casino | 310 Fourth St., Niagara Falls, NY 14303 | 23 |
Seneca Salamanca Casino | 768 Broad St., Salamanca, NY 14779 | 8 |
Tioga Downs Casino | 2384 W. River Rd., Nichols, NY 13812 | 6 |
Turning Stone Casino | 5218 Patrick Rd., Verona, NY 13478 | 32 |
Also, there are poker rooms in two casinos just across the Canadian border on the other side of Niagara Falls: Casino Niagara (with 26 tables) and Niagara Fallsview Casino Resort (with 16 tables).
New York poker timeline
During the late 19th and early 20th centuries, stories of poker games occurring in the underground poker clubs in New York City were frequently reported on in newspapers and given literary treatments by fiction writers.
Following World War I, one of the most famous poker clubs in the country regularly met at the Algonquin Hotel in Midtown Manhattan. The Thanatopsis Pleasure and Inside Straight Club comprised many of the era’s most famous writers, actors, poets, playwrights, columnists and critics who kept the games going until the early 1930s.
As far as other types of gambling were concerned, New York first legalized and then banned pari-mutuel wagering before bringing it back again in 1940. Horse racing and off-track betting have been an important industry in the state ever since.
Meanwhile, after being the first US state to ban the lottery in the 1830s, New York was the second to bring it back in 1967.
Poker continued to be played, however, with regular underground games taking place in a variety of locations, such as bars and restaurants, office suites, high-rise condos, self-storage units, social clubs, private homes, and even in churches and synagogues.
Some of the Hungarian restaurants where such games took place were commonly referred to as “goulash joints” or “ghoulies.”
Where Is Online Poker Legal
Despite their necessarily clandestine nature, a few of these poker clubs gained renown outside of New York City. This includes the Mayfair Club that began as a bridge club in the 1940s, then later became the site of high-stakes backgammon, gin rummy and poker games.
Famous poker players who passed through the Mayfair during the century’s later decades included Stu Ungar, Erik Seidel, Dan Harrington, Howard Lederer and Mickey Appleman, to name a few. Band manager and music producer Brian Koppelman played there as well, and later with David Levien would use that experience as inspiration to write the screenplay for the 1998 film Rounders.
Clubs, like the Mayfair, began to be shut down, however, in 2000, thanks to then-Mayor Rudy Guiliani’s “Quality of Life” campaign to clean up New York City.
Games persisted nonetheless, with clubs reappearing in the 2000s and afterward, in particular during the “poker boom” when the game found new popularity on television and online.
In 1993, the state signed a compact with the Oneida Indian Nation of New York, resulting in the opening of the state’s first land-based casino, the Turning Stone Casino Resort in Verona, which featured a large and popular poker room. Eventually, other Native American-owned casinos opened as well.
In 2013, voters in the stated supported the New York Casino Gambling Amendment authorizing a limited number of commercial casinos to open in areas of the state other than New York City.
While the overall number of casinos in New York are small, many of them do provide live and legal poker to New Yorkers not wishing to brave the underground games.
As far as online poker is concerned, State Senator Joseph Addabbo Jr. and Assemblyman Gary Pretlow have each introduced multiple online poker bills over recent years, though none has gained needed support. Thus New York remains without legal, real money poker sites, unlike its neighbors, New Jersey and Pennsylvania, to the south.
What does the future hold for New York online poker?
For online poker to become legal in NY, it will likely be necessary first for other forms of online gambling or online casinos to be legalized, in particular, NY online sports betting.
In early 2020, some momentum was starting to build around an online sports betting bill. However, the onset of the coronavirus (COVID-19) pandemic and the disease’s profound impact on New York state, including economically, understandably made the pursuit of such legislation a much lower priority among lawmakers as the state grappled with budgetary matters and other more urgent concerns.
With the country’s fourth-largest population of more than 19 million, New York would be a great candidate for online poker, given what would surely be a significant player pool. It would be especially good for online poker in the US if the state were to legalize online poker and join the multi-state compact to increase liquidity.
Home» US Poker Laws » State Laws
The gambling laws of US states are best collectively described as a mashup, a tangle of differing philosophies, definitions and priorities.
Below you'll find a quick synopsis of gambling laws in each US state, along with a link to a detailed report for every state. Each review provides a plain-language interpretation of the state's gambling laws, an analysis of the legal status of online gambling and poker in general in the state.
The US state gambling laws include a review of recent developments relevant to online poker players. The state pages on this site are updated often to reflect the most recent developments for legal poker in the USA.
To help you navigate this page better, we've provided an interactive map. Simply click on a state within the map and the page will load that particular section for you.
Alabama Poker: State allows very limited types of gambling and considers poker to be gambling. Severe punishments for both players and operators. State law does not directly mention online gambling.
Alaska Poker: No lottery and very little regulated gambling in this state. Poker could qualify as game of skill, but case law suggests it is considered gambling. No specific law regarding gambling over the Internet.
Arizona Poker: One of a handful of states that expressly prohibits online gambling. Several forms of regulated gambling available. State law (and enforcement) primarily targets those who profit from illegal gambling activity.
Arkansas Poker: Broad definition of illegal gambling. Some parts of state law may have direct applicability to online gambling. Individual gamblers are not a focus of criminal charges related to illegal gambling.
California Poker: Offers a variety of regulated gambling options. No specific law addressing the issue of online gambling. Seems close to passing some sort of regulation, likely poker-only.
Colorado Poker: Expansive definition of gambling underpins strict approach to unregulated gambling. Poker is considered gambling. While law does not address online gambling specifically, state officials contend such gambling is illegal.
Connecticut Poker: Poker specifically mentioned in statutory definition of gambling. No law dealing directly with Internet gambling or online poker. Home poker games legal if no rake is taken.
Delaware Poker: Recently passed law to regulate some forms of online gambling. Players face only minor criminal exposure for participating in illegal gambling.
Florida Poker: Poker hotbed has very restrictive anti-gambling laws. Very few ways to play poker or gamble and be within the letter of Florida law. State has seen a handful of failed attempts to regulate online poker.
Georgia Poker: Poker players have almost no regulated - and therefore no legal - options for real money poker. State has constitutional ban on almost all forms of gambling.
Hawaii Poker: No regulated gambling of any sort in the 50th state. While online gambling not addressed directly, several aspects of state law could still apply. Individual gamblers not a primary target.
Idaho Poker: Possibly the broadest definition of gambling in the US. Poker directly mentioned. Online gambling possibly addressed by constitutional prohibition on gambling. Penalties relatively minor for players and operators.
Illinois Poker: Broad selection of regulated gambling and severe approach to unregulated gambling. State law specifically prohibits the operation of an online gambling site, but not necessarily playing at one.
Indiana Poker: State takes aggressive approach to illegal gambling. Players appear to be targets along with operators. Indiana has a law outlawing the operation (but not the use) of online casinos.
Iowa Poker: Does not draw a clear distinction between participants and operators. Severe potential penalties for both. State seems poised to pass some sort of online gambling regulation soon.
Kansas Poker: A litany of regulated options contrasts with a strict approach to unregulated gambling. State lottery oversees commercial casinos, a unique arrangement. No apparent momentum for online gambling regulation.
Kentucky Poker: Has legal online betting on horse racing. Practically zero criminal risk for those who merely participate in illegal gambling, but substantial exposure for those who profit from or otherwise advance such activity.
Louisiana Poker: Vague definition of gambling creates legal uncertainty. State law does specifically prohibit gambling online or running online gambling business.

Maine Poker: No penalties for mere players who take part in illegal gambling. Home poker games legal under Maine law. No direct mention of online gambling or online poker.

Maryland Poker: Gambling law differs county-to-county. Generally stiffer potential penalties for players than average. No direct reference to online gambling, but Maryland law has been to used to prosecute several operators.
Massachusetts Poker: Very broad definition of illegal gambling. Players face substantial charges in theory, but enforcement efforts do not appear to target players. No specific law covering gambling over the Internet.
Michigan Poker: Operators and players alike face harsh penalties in Michigan, which specifically identifies poker as a form of gambling. Internet gambling not addressed directly by any part of the law.
Minnesota Poker: State provides some forms of regulated gambling. Poker is likely considered gambling. Home poker games are excluded from anti-gambling law given that no one profits from running the game.
Mississippi Poker: Poker specifically identified as gambling. Minor penalties for those who are only players in illegal gambling activities. No part of Mississippi law deals specifically with Internet gambling.
Missouri Poker: Possibly the most severe penalties for players of any state in the nation. Lacks any law constructed to deal with online poker, but state officials assert such gambling is illegal under existing law.
Montana Poker: Law expressly prohibits online gambling but seems primarily focused on operators and not players. Otherwise, both players and operators involved in illegal gambling face stiff penalties.
Nebraska Poker: Difficult to identify a way in which playing poker for money could be legal in Nebraska. Little to no apparent interest in regulating online poker or online gambling.
Nevada Poker: First in the nation to issue licenses to online poker operators. Anti-gambling laws almost exclusively focused on those running illegal gambling operations and not on mere players.
New Hampshire Poker: Fairly narrow definition of gambling that may or may not include poker. State law doesn't appear to cover online gambling directly.
New Jersey Poker: Plenty of regulated gambling options available in New Jersey. State appears close to passing online poker regulation (and perhaps a larger package of online gambling regulations).
New Mexico Poker: A very broad definition of illegal gambling but no direct mention of online gambling or online poker. Home poker games apparently illegal under state law.
New York Poker: State anti-gambling laws formed heart of Black Friday indictments. Home poker games allowed. Despite Black Friday role, no mention of online gambling in state law. Players face little risk or liability in New York.
North Carolina Poker: No definition of 'game of chance' creates confusion in state gambling law. Relatively weak penalties for anti-gambling law violations. State may soon regulate so-called 'Internet sweepstakes' cafes.
North Dakota Poker: Very broad definition of illegal gambling, but little apparent enforcement. Has some potential to regulate online gambling in the near term. Home poker games legal or illegal based on stakes involved.
Ohio Poker: Poker specifically defined as 'game of chance.' Home games legal at any stakes. State seems to have significant likelihood of regulating online gambling in near term.
Oklahoma Poker: Tons of regulated gambling options, but very stiff penalties for unregulated gambling. Transmission law may cover Internet gambling.

Oregon Poker: Law specifically prohibits financial transactions related to internet gambling. Poker for real money legal in a variety of regulated formats.
Pennsylvania Poker: Players in illegal gambling activities face no liability. State has somewhat confused approach to gambling thanks to lack of clear statutory definitions. Online gambling regulation seems fairly likely in next two years.
Rhode Island Poker: Ambiguous gambling law but players do not appear to be targets of the law or enforcement efforts. Rumored interstate poker partner for Delaware.
South Carolina Poker: State Supreme Court will soon decide if poker is a form of gambling. Centuries-old laws regarding gambling still on the state's books make many common games such as Monopoly technically illegal.
South Dakota Poker: Very aggressive approach to illegal gambling. Very broad definition of what activity constitutes illegal gambling. State law explicitly criminalizes operation of online gambling businesses.
Tennessee Poker: More or less prohibits all forms of gambling, save the state lottery and some forms of charitable gambling. Law does not directly tackle online gambling.
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Texas Poker: Significant factions of state government and the public vociferously opposed to gambling. Utilizes very broad definition of gambling that includes betting on any activity involving any chance.
Utah Poker: No regulated forms of gambling. Pre-emptively opted out of any federal law regarding online poker in 2018. Least likely of the 50 states to regulate online poker or gambling.
Vermont Poker: Relatively limited law regarding gambling. Minor penalties and low-priority enforcement for individual gamblers.
Virginia Poker: State takes what amounts to an average approach to anti-gambling laws and enforcement. No law specifically designed to cover online gambling.
Washington State Poker: Only state to make placing a bet online a felony. State allows a wide variety of regulated gambling options, including commercial and tribal casinos.
West Virginia Poker: State allows wide array of regulated gambling. Minor penalties for players engaged in illegal gambling. Frequently mentioned as potential interstate online poker partner for neighbor Delaware.
Wisconsin Poker: Home to a handful of regulated gambling options. Fairly strict laws regarding unregulated gambling and higher-than-average arrest numbers for such charges.
Wyoming Poker: Very broad definition of illegal gambling. One of a few US states to not have a lottery. Relatively minor penalties for engaging in illegal gambling.
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District of Columbia Poker: Home to nation's capitol and an attempt to regulate online gambling that failed in 2018. Anti-gambling laws relatively limited.
