There is nothing in Alabama law that specifically cites online poker as legal or illegal. Gambling is limited to bingo and race betting.
Is Online Poker Legal in the United States? Contrary to what many think, there is actually no federal law in the United States that strictly prohibits US players playing for real money online or making accounts to do so. However, for individual states where online poker is legal, that's when things are slightly more complicated. US gambling laws have undergone some revisions regarding how they are applied to online poker, changing the legal landscape in a positive way for poker fans. Why Is Online Poker Illegal In The US? Online poker, while widely popular and lucrative, resides in a complex legal maze that requires some finesse to navigate. While each jurisdiction is different, the short answer for most of the country is 'Yes,' it's OK to play poker online for real money in the USA. There exist no federal rules or statues that criminalize playing poker on the internet. The Poker Players' Alliance is a US-based advocacy group for online poker legality. Their news feed includes articles following the most up-to-date action in various states and federal courts working on legislation for online poker.
Though the Indian Gaming Regulatory Act of 1986 authorized Native Americans to run gambling establishments for revenue on their reservations, every tribe must negotiate compacts with the state. As for Alabama, it was not easy, and only one of the nine tribes was able to complete a deal. The compact is limited to bingo and slot machines, as no table games are allowed, and the singular tribe – the Poarch Band of Creek Indians – operates three casinos.
Bingo is allowed, but electronic bingo has been the subject of some dispute. Several cities have voted to allow horse and dog racing and betting, and pari-mutuel betting is permitted as well. There is also a state lottery.
Since table games are not allowed in the state, live poker is not permitted at gambling establishments, either. Online poker is not addressed specifically.
Which Alabama Laws Are Pertinent to Online Poker?
The Code of Alabama mentions gambling in the 'Criminal Code' section under 'Offenses Against Public Health & Morals.' Those titles alone give a good indication of how the state feels about gambling overall.
Under Title 13, Article 2, Division 1 deals expressly with gambling and starts with simple gambling. 'A person commits the crime of simple gambling if he knowingly advances or profits from unlawful gambling activity as a player.' It does note that a defense for a player could be that he or she was 'engaged in a social game in a private place.' The problem is that social games are not defined.
Gambling itself is defined as follows:
'A person engages in gambling if he stakes or risks something of value upon the outcome of a contest of chance or a future contingent event not under his control or influence, upon an agreement or understanding that he or someone else will receive something of value in the event of a certain outcome. Gambling does not include bona fide business transactions valid under the law of contracts…'
Notice that games of skill are not mentioned.
As for games of chance, the law defines:
'Any contest, game, gaming scheme or gaming device in which the outcome depends in a material degree upon an element of chance, notwithstanding that skill of the contestants may also be a factor therein.'
This remains open to interpretation, but poker would likely to be able to escape the chance factor in order to be deemed a game of skill.
Since players are mentioned in the statutes, it's important to look at the law's definition of a player:
'A person who engages in any form of gambling solely as a contestant or bettor, without receiving or becoming entitled to receive any profit therefrom other than personal gambling winnings, and without otherwise rendering any material assistance to the establishment, conduct or operation of the particular gambling activity.'
Crimes listed in the statute regarding promoting gambling, keeping gambling records, and possessing gambling devices primarily apply to operators and game runners, not players.
Unlawful actions include:
- Advancing or profiting from unlawful gambling activity as a player.
- Possessing gambling records with knowledge of contents.
- Possessing a gambling device via manufacturing, sale, transportation, or ownership transactions.
- Maintaining implements or appliances with any room or place used for gaming.
Poker is not mentioned, nor are games of skill. Further, nothing about internet games is included in any of the statutes, which opens legal doors for players and operators. However, as for players, they may be in a bit more danger than in other states because Alabama does hold contestants and bettors responsible, though only in profiting for anything other than personal gambling winnings.
As with many states, there seem to be numerous gray areas that could be exploited by the online gaming industry or used as a basis for prosecuting those gambling operators. The state has not gotten involved in any online poker or gambling matters yet, however, and the task of searching for offshore poker operators to prosecute may be a daunting one.
In summary, poker players who compete online have little about which to worry at this point in time. Should legislators decide to change laws to specify the illegality of online gambling and poker in Alabama, there may be a case for concern, but that seems unlikely.
Disclaimer: This is not written by an attorney and is not or should not be construed as legal advice. Please consult an attorney for help interpreting these laws as they pertain to any given situation.
Latest Developments Regarding Online Poker in Alabama
There have been no developments in Alabama online poker, as legislators seem to have no desire to address the issue in any way. If any other state in the Southern US takes up the issue, Alabama may be open to considering it, but the likelihood is slim due to the hesitancy of legislators to even allow table games in tribal casinos.
In the past several years, however, there have been multiple disagreements – many handled in the courts – regarding gambling machines. Racinos located off tribal lands have been fighting for the right to offer video gambling machines (slot machines). Most recently, the lawsuits have taken a turn to focus on slot machines that operate as bingo, but civil lawsuits accuse gambling establishments of using the bingo guise to simply operate more illegal slot machines.
Frequently Asked Questions
Question: Does Alabama monitor online poker activity?
Answer: It is very unlikely. Alabama officials do monitor tribal casinos and racetracks around the state to ensure the remain compliant with current laws, but online activity is not likely to be on their radar at all.
Question: Will Alabama ever offer live poker?
Answer: It seems unlikely in the near future. Tribal casinos would like to offer table games like poker, but they don't want to risk losing the right to offer slot machines, which deliver more profits. Alabama legislators do not like the idea of increasing gambling offerings whatsoever.
Question: Do online poker operators worry about offering poker to Alabama players?
Answer: If there were any true legal concerns, the online poker companies would change their marketing strategy and exclude states that had worrisome laws. No sites have exited the Alabama poker market, however, which means they see few risks involved in giving poker players their choice of sites on which to compete. And if any operator decided that online poker in Alabama was too risky, their players would be the first to know about the change.
Fun Facts
- Abbreviation: AL
- Nickname:The Cotton State
- Capital: Montgomery
- Largest city: Birmingham
- Population: 4,863,300 (24th of 50 states)
- Area: 52,419 square miles
- Famous poker players:Shannon Shorr, Hoyt Corkins
Some US states are known for their poker rooms and world-class games. However, when it comes to online poker, the laws are more restrictive. Currently, only four US states have legalized online poker and launched online gambling platforms — New Jersey, Pennsylvania, Nevada, and Delaware.
Two more states have officially legalized online poker — West Virginia and Michigan. However, they have yet to launch online poker rooms. Until that happens, avid players can enjoy online poker in these four US states.
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In this article, we'll review the current state of online poker in the US, explain how the law works, and show you where to play the best online poker games for real money. Stay tuned!
The History of Poker Laws in the US
When talking about online poker in the US, we find ourselves in a gray area, mainly because there are no explicit laws that ban or authorize online poker on the federal level. Just like with other forms of online gambling, each state has regulatory power over online poker laws.
To better understand the current situation of online poker laws in the US, we need to go back in time, all the way to the Wire Act from 1961. This law was primarily introduced to stop illegal gambling activities across state lines that used wire communication. However, when online gambling appeared, it challenged the Act's applicability on wagering via wireless internet.
In 2011, the US Department of Justice reversed the Wire Act's decision, stating that it only applied to sports wagering. Up until that point, the US government used the Act to ban all forms of online gambling. Once the Act was reversed, US states began to consider legalizing online gambling, especially online poker.
In 2018, the DOJ issued a new directive to reverse the 2011 decision again. What the memorandum did was blur the lines and create an unclear online gambling environment. This decision put all forms of online gambling in jeopardy. However, it's tied up in the federal court system and is facing specific legal challenges. Therefore, the online poker industry is thriving in some US states.
Introduction of Online Poker Laws
While the future of online poker in the US is still uncertain, some states have taken advantage of the 2011 DOJ decision and took the matter into their own hands. Another event that had a substantial impact on the legalization of online poker was the UIGEA — Unlawful Internet Gambling Enforcement Act introduced in 2006. It made all internet gambling activities illegal, which resulted in a chaotic gambling environment. Owners of the biggest online poker platforms were indicted, and they left the US market. That led to the rise of illegal gambling and an increased presence of offshore poker sites.
After this fallout, known as Black Friday, only four states have regulated the online poker market, with two more joining the group soon.
Online Poker Laws by the State
Compared to the number of US states, the percentage of those who have a regulated online poker industry is very low. Hopefully, more states will recognize the benefits of having a legal online poker market shortly.
In the following paragraphs, we will see which states have legalized online poker.
Nevada
Nevada was the first US state to legalize online poker. The Nevada Gaming Commission started the process in December 2011, only a month after the DOJ reversed the Wire Act. Officially, online poker became legal in February 2013.
The first poker room to launch an online platform was Ultimate Gaming. The second online poker room to become available to Nevada poker players was the WSOP, which partnered up with Caesars Entertainment.
Then, the Real Gaming online poker site appeared. However, it never gained much popularity and left the market soon after. In 2014, Ultimate Gaming shut down its platform, leaving WSOP as the only online poker site available to Nevada players.
Delaware
In 2013, Delaware became the second state to legalize online poker and other casino games. The Delaware Lottery regulates and oversees all online poker and casino activities. The state's three racetrack casinos share an online poker platform powered by 888 Holdings.
In 2015, Nevada and Delaware began sharing their online poker traffic through the WSOP.com joint agreement. This venture only benefits the state of Delaware, given that the online poker income isn't as high as everyone hoped.
New Jersey
New Jersey could have been the trailblazer for online poker since it began the legalization process in January 2011, even before the DOJ reversed the Wire Act. However, NJ's then-governor vetoed the decision, and the entire process came to a halt. Fortunately, in 2013, a new bill was signed, and the online poker industry was authorized to operate for ten years. After that period passes, the decision will be re-examined for a possible extension.
In 2013, online poker platforms began to appear in New Jersey. While some attempts haven't been fruitful, others exceeded the industry's expectations. New Jersey has three poker sites currently operating in the market — 888poker, WSOP.com, and PokerStars.
Pennsylvania
Pennsylvania was the fourth state to legalize online poker in late 2017. However, the Pennsylvania Gaming Control Board needed more time to pass the law, which led to two uneventful years in the online poker industry.
Fortunately, in 2019, PokerStars launched its online poker platform, only a couple of months after the first online casinos appeared in the state. While there is still only one online poker site, Pennsylvania will soon launch at least six more poker platforms.
West Virginia and Michigan — Two More States to Launch Online Poker Sites Soon
While these two states have legalized online poker, they have yet to launch first poker sites. West Virginia was the fifth state to join the party in 2019. The West Virginia State Lottery will be in charge of regulating and overseeing the online poker action. Given that the entire process was set in motion in 2020, we anticipate the first poker sites to appear in 2021.
Michigan joined the others in late 2019. The state had been trying to legalize online poker for a couple of years, but it was possible only after some changes were made in the Michigan government. Luckily, in December 2019, the state of Michigan finally legalized online poker. Like West Virginia, we expect to see the first online poker platforms launched sometime during 2021.
After this fallout, known as Black Friday, only four states have regulated the online poker market, with two more joining the group soon.
Online Poker Laws by the State
Compared to the number of US states, the percentage of those who have a regulated online poker industry is very low. Hopefully, more states will recognize the benefits of having a legal online poker market shortly.
In the following paragraphs, we will see which states have legalized online poker.
Nevada
Nevada was the first US state to legalize online poker. The Nevada Gaming Commission started the process in December 2011, only a month after the DOJ reversed the Wire Act. Officially, online poker became legal in February 2013.
The first poker room to launch an online platform was Ultimate Gaming. The second online poker room to become available to Nevada poker players was the WSOP, which partnered up with Caesars Entertainment.
Then, the Real Gaming online poker site appeared. However, it never gained much popularity and left the market soon after. In 2014, Ultimate Gaming shut down its platform, leaving WSOP as the only online poker site available to Nevada players.
Delaware
In 2013, Delaware became the second state to legalize online poker and other casino games. The Delaware Lottery regulates and oversees all online poker and casino activities. The state's three racetrack casinos share an online poker platform powered by 888 Holdings.
In 2015, Nevada and Delaware began sharing their online poker traffic through the WSOP.com joint agreement. This venture only benefits the state of Delaware, given that the online poker income isn't as high as everyone hoped.
New Jersey
New Jersey could have been the trailblazer for online poker since it began the legalization process in January 2011, even before the DOJ reversed the Wire Act. However, NJ's then-governor vetoed the decision, and the entire process came to a halt. Fortunately, in 2013, a new bill was signed, and the online poker industry was authorized to operate for ten years. After that period passes, the decision will be re-examined for a possible extension.
In 2013, online poker platforms began to appear in New Jersey. While some attempts haven't been fruitful, others exceeded the industry's expectations. New Jersey has three poker sites currently operating in the market — 888poker, WSOP.com, and PokerStars.
Pennsylvania
Pennsylvania was the fourth state to legalize online poker in late 2017. However, the Pennsylvania Gaming Control Board needed more time to pass the law, which led to two uneventful years in the online poker industry.
Fortunately, in 2019, PokerStars launched its online poker platform, only a couple of months after the first online casinos appeared in the state. While there is still only one online poker site, Pennsylvania will soon launch at least six more poker platforms.
West Virginia and Michigan — Two More States to Launch Online Poker Sites Soon
While these two states have legalized online poker, they have yet to launch first poker sites. West Virginia was the fifth state to join the party in 2019. The West Virginia State Lottery will be in charge of regulating and overseeing the online poker action. Given that the entire process was set in motion in 2020, we anticipate the first poker sites to appear in 2021.
Michigan joined the others in late 2019. The state had been trying to legalize online poker for a couple of years, but it was possible only after some changes were made in the Michigan government. Luckily, in December 2019, the state of Michigan finally legalized online poker. Like West Virginia, we expect to see the first online poker platforms launched sometime during 2021.
How to Play Online Poker Legally in the US
Even though not many states have legalized online poker, those that offer some exciting poker opportunities. If you want to play online poker, you need to see whether this type of online gambling is legal in your state. If it is, you can find the list of available poker platforms or pick one from our article.
The next step is to create an account, which can be done in a few moments. You'll need to fill out the registration form with all the necessary information and confirm your identity. You can then choose a payment option to fund your online poker account, claim a welcome bonus along the way, and enjoy a wide range of poker games.
Remember, you don't have to be a resident of a state where online poker is legal — you just need to be there physically. Therefore, if you find yourself in any of the US states we mentioned here, you'll be able to create an online poker account.
Final Words
Even though there are millions of avid poker players in the US, the legalization of online poker is moving at a slow pace. While the online gambling industry has found itself in an unenviable situation, some states have managed to make the most out of it.
We can't say with certainty what the future has in store for online poker. Some say that more states will legalize online poker, while others believe the entire online gambling industry in the US is too unstable and that launching poker platforms might be too risky.
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However, we'd like to maintain a positive attitude and hope that other states will follow the path forged by allowing their residents to enjoy various online poker games.
FAQ
Is online poker legal in the US?
Currently, only four states have legalized online poker — Nevada, New Jersey, Pennsylvania, and Delaware. We have yet to see whether others will follow their path and launch online poker platforms for US players.
What is the legal gambling age for US players?
US players who want to play online poker legally need to be over 21 years old.
Can US players claim online poker bonuses?
Just like any other gambling platforms, online poker sites offer various bonuses to new and existing players. As soon as you create an account, you can claim a welcome bonus to kickstart your online poker experience.
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What are the most popular online poker games?
Is Online Poker Legal In Us
Texas Hold'em dominates the online poker scene in the US. It's followed by Omaha, Seven Card Stud, Five Card Draw, Three Card Poker, among others. Every online poker site features a wide range of poker game types. There is something for every player.
