Which States Have Legal Online Gambling?
- Connecticut: Since 2021, residents have had two in-state online casinos to choose from: DraftKings and Mohegan Sun.
- Delaware: Online casinos have been permitted since the 2018 Professional and Amateur Sports Protection Act of 1992 (PASPA) ruling. Before that, local casinos had been allowed to offer casino sites since 2013.
- Michigan: Online sports betting and gambling have been allowed since 2019.
- New Jersey: As it’s the state that initiated the PASPA lawsuit, it is perhaps unsurprising that it is hospitable to gambling and was ready to go once PASPA was repealed in 2018. It hosts multiple online and retail gambling options to please all gamblers.
- Pennsylvania: As of 2019 both sports betting and online casinos — which were legalized two years earlier — have been legal in the Keystone State.
- West Virginia: Online gambling became legal in West Virginia when the legislature passed a bill allowing online gambling and sports betting in 2019.
Are Online Sports Betting Sites Legal in the US?
Regarding the legality of online gambling throughout the United States, there are two categories to consider: in-state operation and out-of-state operation. There are also entirely different rules and expectations for those playing and those running a legal online gambling site.
This table covers what’s legal and what’s frowned upon:
| Online Gambling Type | Where’s It Legal? |
|---|---|
| Casinos (Playing) | All states, except for Washington |
| Poker (Playing) | All states, except for Washington |
| Sports Betting (Playing) | All states, except for Washington |
| Casinos (Operating) | CT, DE, NJ, WV, MI, PA |
| Sportsbooks (Operating) | AZ, AR, CO, CT, IL, IN, IA, KS, LA, ME, MD, MA, MI, NV, NH, NJ, NY, OH, OR, PA, RI, TN, VA, DC, WV, WY |
| Poker (Operating) | NV, DE, NJ, PA, WV, MI |
Online Casinos & Betting Legal Status
Legal Landscape as of May 1, 2023
Legal retail sportsbooks/casinos fully legal & live (23 States + DC)
Retail sportbooks/casinos legal but not live (3 States)
Active legistlation in the works (10 States)
Online casinos & sports betting unregulated (14 States)
In summary, playing at recommended online casinos is risk-free in 49 states. It’s only the operation of in-state gambling sites that’s a risk in certain states. Unless you plan to run a betting website in one of those states, you have nothing to worry about.
Offshore online casinos are available in every state.
Why are Gambling Laws Different from State-to-State?
Gambling being disallowed has had a long history in various parts of the world, and although a lot of people simply take this for granted and don’t question it very much, it’s actually quite ridiculous that this would ever be seen as a crime.
US law is fashioned by our elected representatives, at both the federal and state level, and criminal law is for the most part a state government function, although the federal government does get most of the attention.
In any case, these elected representatives can make any law they please, subject only to the provisions of the Constitution, which places limits on it. These officials may be influenced by things like popular opinion or the opinions of political donors, and the latter plays a more significant role in the political process than many think. Gambling law has long been set by each state as it pertains to the cultural and social beliefs of the citizens and has income ramifications for the state.
While some states still have old laws on the books, they are being updated to take a more sensible and pragmatic approach, driven by more permissive attitudes towards gambling. We’re moving much more toward regulation rather than prohibition now, where gambling is allowed under certain circumstances rather than just banned.
The Future of Online Gambling in Other States
- North Carolina: As the legislative session ended June 30, 2022, the House struck down the in-state operation of gambling sites. It will return to the docket in 2023 when experts expect it will pass.
- California: Two votes in favor of sports betting failed on the ballot in November 2022. However, in America’s most-populated state, there are plenty of voices on both sides of the aisle. The MLB came out in support of Proposition 27; however, the Republican Party of California and more than 50 native tribes are against it.
- Florida: After a lawsuit that resulted in Hard Rock sportsbook’s removal from the market after just one month of operation at the end of 2021, the decision to reinstate online sports betting comes to a head in 2023. In August 2022, the Department of Interior and the Seminole Indians (who launched Hard Rock) filed briefs to bring sports betting back.
- Maine: After vetoing a bill for the in-state operation of physical sports betting sites in 2020, Gov. Janet Mills signed it into law on May 2, 2022. Sadly, online sportsbooks weren’t part of the deal. Still, Milt Champion, the Maine Gambling Control Unit’s executive director, pledged it’ll launch around January 2024.
Top Legal US Casinos Online in 2024
This is the page for you if you’re a casino gambling fan. Feel free to check out any casino you find recommended here. Each one is well-known for offering a safe payment system and a wide range of legal gambling online options.
Click on your state below for specifics on online casinos and gambling laws:
Las Atlantis
Bovada
El Royale
DuckyLuck
Additional Online Casino Laws You Need to Understand
The United States has some of the world’s most complex online casino laws. We gave a brief description of these laws earlier. This was just a tiny piece of the massive regulatory landscape in the country.
Fortunately, our team has covered the changes to US online casino laws over the years. Many resources are available to help you better understand them, check them out below:
The Professional and Amateur Sports Protection Act of 1992 (PASPA)
PASPA was passed in order to curb sports betting, which was seen to be a growing national problem. The act effectively banned sports betting in all states aside from a select few, such as Nevada. Exceptions were also made for certain types of bets, like pari-mutuel wagering and dog betting. Because of this act, sports betting effectively ended for over 25 years.
In 2018, the Supreme Court overturned the act, ruling that it infringed on states’ rights outlined in the Tenth Amendment. Thanks to this judgment, sports betting has started to spread across the US once again.
The Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA)
The UIGEA, or Unlawful Internet Gambling Enforcement Act, is a U.S. federal law that was passed in 2006. The law aims to prohibit online gambling by making it illegal for gambling operators to accept and process financial transactions related to illegal gambling activities. However, the law does not make online gambling illegal for players.
The UIGEA was added as a provision to the larger SAFE Port Act, which dealt with the protection of America’s ports, and was passed without much attention or review from legislators. Despite its controversial history and perceived lack of teeth, the UIGEA remains in effect today. It is worth mentioning that there haven’t been too many efforts to made to repeal this bill, and there are not many that seem to be coming in the near future. This will allow the US to still be considered a nation that is not friendly to fans of online casinos.
UIGEA does not mean you can’t gamble. Despite UIGEA’s existence, it is still completely within the law if you gamble online at one of the many sites that still accept US deposits. Neither does UIGEA make intrastate gambling illegal. States like New Jersey and Nevada, which have their own legal, regulated intrastate online casino networks, do not have to worry about facing prosecution under UIGEA. This is why so many states are pushing to legalize similar intrastate networks.
Retail Casino Gambling Laws
The United States is home to a huge number of land-based casinos. Some of these are tribal casinos operated on sovereign land. Others are commercial casinos operated by billion-dollar companies. Despite the rise of legal gambling online, the US land-based casino industry continues to grow.
Here are a few helpful resources that discuss the legality of land-based casino gambling:
- A Brief History of Gambling in the United States
- Differences Between Land-Based and Online Gambling
- The Indian Gaming Regulatory Act
Notable US Legal Battles Over Gambling
The gambling industry has been the center of significant controversy over the years. Several individuals and companies have been involved in lawsuits over this industry. Here are a few of the most notable cases:
- United States v. Scheinberg, aka Black Friday
- California v. Cabazon Band of Mission Indians
- The Aftermath of Black Friday
- Murphy v. National Collegiate Athletic Association (Federal PASPA decision)
Famous Online Casino Regulation Moments in US History
The US government has taken several steps to regulate the online casino industry better. These regulations haven’t always been successful, yet many of them are still implemented today:
- The Federal Wire Act of 1961
The Act of 1961 passed by the United States Congress on September 13, 1961, which amends chapter 50 of title 18 of the United States Code. The law defines the term “wire communication facility” and adds a new section (1084) that prohibits the use of wire communication facilities for the transmission of bets, wagers, or related information in interstate or foreign commerce. Violators can be fined up to $10,000 or imprisoned for up to two years, or both. The law provides exceptions for the transmission of information for news reporting or for placing bets or wagers on sporting events or contests between states where such betting is legal. The law also requires common carriers to discontinue or refuse service upon notification from law enforcement agencies that the facility is being used for illegal gambling purposes. - The Unlawful Internet Gambling Enforcement Act (UIGEA) of 2006
The Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA) prohibits gambling businesses from knowingly accepting payments for illegal Internet gambling. The Act requires the Treasury and Federal Reserve Board to designate payment systems that could be used for unlawful Internet gambling and requires participants in those payment systems to establish policies and procedures to identify and block restricted transactions. The designated payment systems are automated clearing house (ACH) systems, card systems, check collection systems, money transmitting businesses, and wire transfer systems. Participants are exempt from the requirements unless they have a direct customer relationship with an Internet gambling business. Non-exempt participants are required to conduct due diligence on commercial customers, provide notice to commercial accountholders that restricted transactions are prohibited, and have procedures in place when the participant has actual knowledge of restricted transactions being processed through the system. The document provides an overview of the specific requirements for each designated payment system, effective dates, and examination procedures related to UIGEA compliance. - H. Rept. 111-656 – INTERNET GAMBLING REGULATION, CONSUMER PROTECTION, AND ENFORCEMENT ACT
H.R. 2267 aims to establish a federal regulatory and licensing framework for Internet gambling in the United States. The bill would allow Internet gambling operators to obtain licenses from the Department of Treasury to accept bets and wagers from individuals in the U.S., provided they implement measures to protect against underage gambling, problem gambling, money laundering, and fraud. Licensed operators would be required to pay user fees to the Treasury Department to cover regulatory costs. The bill prohibits sports betting and the use of credit cards for Internet gambling. It allows states and Indian tribes to opt-out of the federal licensing regime. The legislation includes provisions to maintain a list of unlawful Internet gambling enterprises and establishes requirements for a problem gambling program. The bill has generated controversy over its ability to effectively verify users’ ages and locations, prevent money laundering schemes, and generate the claimed tax revenues. - H.R.2888 – Internet Poker Freedom Act of 2015
The Internet Poker Freedom Act of 2015, introduced in the House on June 25, 2015, aims to legalize and regulate online poker in the United States by establishing the Office of Internet Poker Oversight within the Department of Commerce, requiring licenses for operators, and implementing consumer protection measures such as self-exclusion lists and problem gambling prevention programs. The bill also prohibits certain activities, such as accepting bets on non-poker games and using credit cards for gambling, while amending the Unlawful Internet Gambling Enforcement Act to protect financial transaction providers from liability under specific conditions and requiring the Financial Crimes Enforcement Network to investigate and list unlicensed Internet gambling enterprises.
US Online Casino Laws Applied to Foreign Countries
Most of the best legal US online sites operating today are based in other countries. Many individuals want to know how US laws apply to online casino websites. Here are a few resources that help explain the rules:
- How Do US Gambling Laws Apply to Other Countries?
- Offshore Online Gambling Regulation
- The Challenges of Regulated Online Gambling
- The Workarounds for Offshore Online Gambling Sites
Gambling Guides for Other States
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FAQs About US Legal Online Casinos
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It’s difficult to say precisely how many casino websites are currently available in the United States, but each of the legal online casinos we listed at the top of this page is well-known for offering safe payment options and a wide range of games.
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That all depends on you and how you gamble. Generally, the more you wager, the better your chances to win. We recommend that you only place bets on games that you understand. It’ll significantly increase your chances of winning.
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This depends on the state in which you live. The laws on online gambling vary from state to state. In some, online gambling is permitted. In others, it is not but the law goes after the operators. There are also states where playing is outlawed. We recommend checking the legal page for your state on our site to find out more.
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As we mentioned earlier, most casino sites in the USA offer more games than the country’s biggest and best brick-and-mortar casinos. You can find the best online casino games, including blackjack, roulette, baccarat, poker, and more.
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Yes, there are hundreds of legitimate online casinos available to choose from. Not every online casino out there has your best intentions in mind, so we suggest you stick with our list of recommendations. All the casinos on our list have been thoroughly vetted by our team of experts to ensure they’re trustworthy and legitimate.
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While not every legal online casino available on desktop can be accessed on your phone, most of them can be. We love the convenience of being able to play on the go and find ourselves playing at mobile online casinos often. However, remember that certain features or games may not be available on mobile or compatible with certain phones.
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Most legal online casinos offer free bets as a welcome bonus for new players who sign up. You can get a taste of these in our guide to the best online casino bonuses and promotions. You may need to complete specific wagering requirements to withdraw your bonus funds.
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Yes, all online casino apps are free to download. If you’re worried about an app taking up space on your phone, you can also access it from your phone’s web browser, as that’s an entirely free option.
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This depends on several factors, mostly notably the appetite that the legislator in your state has for the revenue that online gambling would bring. Visit our casino legal news page to keep up to date with what’s happening in your state.
