US Gambling Laws Guide (2024)

States where gambling is legal

Even though many forms of gambling are legal under [federal law], each state has different laws that relate to gambling. That might sound strange to those located outside the US, but most residents will be used to these differences; real estate law and taxation are two other entities that vary from state to state.

As recently as 2009, the US government took steps to prevent and punish illegal online gambling. With that in mind, it’s not surprising that many states have been hesitant to work towards legalizing and regulating online casinos.

Then came the Supreme Court’s decision in 2018 that PASPA was unconstitutional, which opened the floodgates for states to legalize sports betting. To date, there hasn’t been an equivalent ruling on online casinos anywhere near as explicit as this was.

It might take a similar decision about other forms of gambling for more states to become confident enough to regulate online casinos and/or poker in a similar way.

Many states seem content to confine legal gambling within their boundaries to brick-and-mortar venues only. One argument here is that it’s easier, and potentially more lucrative, for them to manage and restrict activity in physical venues.

If you include tribal casinos under the same category as legal brick-and-mortar gambling, the number of states with some form of offline gambling available nearly doubles.

The result of all this is that the discrepancy between the way different states treat gambling is massive. New Jersey is known to be the most lenient state, in which all forms of gambling are legal. While Utah is the opposite, where everything is prohibited for religious reasons.

First to legalise online gambling

Delaware

2012

First to legalize sports betting

New Jersey

Offline 2011

Delaware

Online 2018

First to legalize brick & mortar gambling

Nevada

1931

Since Nevada legalized gambling to help lift the state out of the Great Depression, almost every other state has flirted with the idea of regulating at least some forms of gambling.

Perhaps the most eager was Delaware, where lawmakers rushed to legalize online gambling very early on. This move was designed to appeal to gamblers who were leaving the state to wager cash at Atlantic City in neighboring New Jersey.

Delaware was also the first state to regulate online sports betting after the repeal of PASPA, no doubt aided by the fact that there were already forms of legal online gambling there.

But legal brick-and-mortar gambling doesn’t just spring up in a state overnight, with Ohio being the most recent state to introduce legal casino gambling in 2009. Virginia could be next as they’re set to expand their offline gambling footprint in the next couple of years.

States where gambling is illegal

In continental US, there are still states in which virtually all forms of gambling remain illegal – Utah and Texas are two common examples. Whether due to religious reasons, in the case of the former, or conservative values in the latter, it’s reasonable to believe that legal gambling may never be possible in these states.

Of course, there was a time when people thought that gambling might never come to Connecticut or Maryland, but these states now allow limited forms of the activity. That bodes well for states that have historically been strict on gambling, such as New Hampshire and Kentucky, but now seem to be considering the regulation of certain forms.

States Where All Forms of Gambling are Illegal

Texas

Utah

The punishment for breaking laws designed to prevent online gambling can be harsh, with fines of up to $1,000 and 30 days of jail time being the norm. In general, however, prosecutors tend to focus on pursuing illegal operators rather than players.

Interestingly, some games such as Three Card Monte (and any that use loaded dice) are illegal even in states where other forms of gambling are permitted. That’s because these games are cons, designed to fool players, rather than true games of chance. Depending on the state, that might be classed as petty theft, false representation, and/or being a public nuisance.

Legal Online Gambling in the US

In 2022, the status of legal online gambling in the US is still surrounded by a lot of ambiguity. Many states have made forays into regulating sports betting on the web since the repeal of PASPA, but there hasn’t really been any equivalent action to address the UIGEA (Unlawful Internet Gambling Enforcement Act of 2006).

The fact that several states, such as Delaware, Nevada, and New Jersey have pushed ahead to legalize online casinos, online poker, or both is significant. It demonstrates to other states that it can be done and can raise a huge amount of money via taxation.

The problem for states that currently forbid online gambling is that, like with prohibition in the 1920s and early ‘30s, the law isn’t stopping people from doing it. All it’s doing is driving the activity underground, where states can’t benefit from it, and players are put at risk.

Legal online sports betting does seem to be acting as a catalyst right now, with the momentum of its introduction edging states like Connecticut closer to regulated online gambling. One potential hurdle, although it doesn’t seem to be stopping Connecticut, is that states with Native American casinos are likely to encounter resistance from tribal leaders.

Despite the dubious legal status of doing so, American players from states where gambling is prohibited are already able to access games online from overseas providers such as:

Poker Craps Baccarrat Roulette Blackjack Slot Machines

Maybe we’re a little biased, but we think it would be in everyone’s best interests to allow players to legally access these games via online casinos regulated by their home state.

Legal Sports Betting in the US

Sports betting has been legal at the federal level since the repeal of PASPA, also known as the Bradley Act, in 2018. Between 1992 and then, the activity was only permitted in Nevada.

The reaction to this move varied massively from state to state, with some leaders rushing to regulate sports betting within their states and others…taking absolutely no action whatsoever. Most states that did act eyed a combination of online and in-person sports betting, but some have focused on introducing only one or the other

New York and North Carolina, for example, allow only in-person betting, whereas Tennessee and Wyoming have online sports betting but no physical sportsbooks within state lines. Others have taken moves to restrict betting activity to racetracks, racinos, or even tribal land only.

Several states – Maryland, Louisiana, Nebraska, and Florida – are set to introduce sports betting imminently, with some taking a soft launch approach. We’ll probably see other states make progress towards legalizing some form(s) of sports betting soon.

It’s worth noting that wagering on fantasy sports stands apart from other forms of sports betting. Fantasy sports being allowed in a certain state doesn’t automatically mean that mainstream sports betting will be as well.

In the United States’ earlier years, gambling was common across the USA, although it was driven underground for a period in the 18th century.

By the 1900s, however, gambling was prohibited nationwide and that wouldn’t really change until Nevada sought to legalize the activity in the 1930s.

Historically, brick-and-mortar gambling in America is synonymous with the likes of Las Vegas or Atlantic City. While there’s no doubt that these are gambling hubs in the USA, there are all sorts of other locations and varieties to think about.

Let’s take tribal casinos, for example. Once called Indian casinos, these land-based gambling venues exist on Native American land in more than half of all US states. However, if you’re hoping to gamble on the road, you might encounter video gaming machines in truck stops, restaurants, bars, or hotels when heading through states like Louisiana or Illinois.

Moving from land to the water, six US states still have riverboat casinos – Illinois, Indiana, Iowa, Louisiana, Mississippi, and Missouri. Historically, these were designed to subvert land-based gambling laws but remain active as attractions for tourists and locals to this day.

Elsewhere, the race is on to open legal sportsbooks in states like Maryland, Nebraska, and Florida – these states all approved sports betting in 2020 or 2021 and are preparing to facilitate in-person betting imminently.

By now you’ll know that the legal status of gambling differs greatly between states and the same applies to legal gambling ages. The age limits can fluctuate within each state depending on the game you’re playing.

Here’s a quick breakdown of gambling age by state: