Is it Legal to Play Online Blackjack in the US?
By Tum
Last updated
In short; There is no federal law against playing blackjack online. There are some states where it is declared illegal however prosecution would be extremely rare and would most likely be against any establishment rather than the player.
For players in almost every state, it is safe to play blackjack online for real money.
It’s often reported that playing blackjack online for real money is illegal in the US.
But is it really?
Let’s tackle this head on and resolve this confusing and commonly misunderstood issue.
So let’s get one thing straight:
Playing Blackjack Online is NOT Legally Prohibited in Any Way by Federal Law
There is no law whatsoever against gambling online at the federal level which is a myth that has been established most likely from a misinterpretation of the Unlawful Internet Gambling Enforcement Act of 2006 which states:
The Act prohibits gambling businesses from knowingly accepting payments in connection with the participation of another person in a bet or wager that involves the use of the Internet and that is unlawful under any federal or state law (termed “restricted transactions” in the Act).
This is basically saying it’s prohibited for banks to knowingly accept transactions that are a result of an illegal online bet.
It does not in any way state that it is illegal for a player to participate in gambling online!
Another reason why some people may think it is illegal is the confusion of the Federal Wire Act, a 1961 law aimed at operators sending bets across state lines, not at the person playing. The Justice Department briefly argued in a 2018 opinion that the Wire Act covered all online gambling, but in 2021 a federal appeals court, in New Hampshire Lottery Commission v. Rosen, ruled that it applies only to sports betting, and that ruling still stands. So it has no bearing on whether playing online blackjack is legal.
Are There any State Laws which Explicitly Allow Online Blackjack?
Another reason why it’s confusing to determine whether it’s legal to gamble online is the fact that most states actually don’t have any specific laws which apply to online gambling in general.
If there is no specific law prohibiting online gambling then it is considered legal.
However there are now seven states that have explicitly passed laws to license and regulate their own online casinos, which are:
Maine has also legalized online casino play and is preparing to launch. Nevada is a special case: it allows regulated online poker and sports betting but has not licensed online casino games.
States Where Online Blackjack is Technically Illegal
A handful of states still have statutes on the books that address online gambling: Illinois, Indiana, Louisiana, Montana, Oregon, South Dakota, Washington and Wisconsin. The one to take seriously is Washington, where transmitting or receiving gambling information online is a Class C felony under state law (RCW 9.46.240). Even there, no individual playing from home has ever been prosecuted. In the other states the statutes exist, but their real target is the online casinos themselves and not the player, so the likelihood of a player being charged is extremely low, and even then it would most likely be considered just a misdemeanor.
There is only one incident I have been able to find dating back to 2003 in North Dakota where a player, Jeffrey Trauman, plead guilty for placing a bet over $500 and was charged with a misdemeanor and subsequently fined $500. (source: https://digitalscholarship.unlv.edu/cgi/viewcontent.cgi?article=1146&context=grrj)
So for further clarity, here is every state grouped by how its laws treat online blackjack, so you can easily see where the state you reside in stands.
In the table below, Regulated means the state licenses and runs its own online casinos; No specific law means no state law makes it a crime for you to play online, though no state-licensed casino operates there; and Prohibited means the state has a statute that specifically addresses online gambling. Even in the Prohibited states the target is the operators rather than players, and no home player has ever been prosecuted apart from the single 2003 case above. For the regulated picture and licensed sites in your state, see our US online casinos hub.
| State | Status | State | Status |
|---|---|---|---|
| Alabama | Montana | ||
| Alaska | Nebraska | ||
| Arizona | Nevada* | ||
| Arkansas | New Hampshire | ||
| California | New Jersey | ||
| Colorado | New Mexico | ||
| Connecticut | New York | ||
| Delaware | North Carolina | ||
| Florida | North Dakota | ||
| Georgia | Ohio | ||
| Hawaii | Oklahoma | ||
| Idaho | Oregon | ||
| Illinois | Pennsylvania | ||
| Indiana | Rhode Island | ||
| Iowa | South Carolina | ||
| Kansas | South Dakota | ||
| Kentucky | Tennessee | ||
| Louisiana | Texas | ||
| Maine | Utah | ||
| Maryland | Vermont | ||
| Massachusetts | Virginia | ||
| Michigan | Washington | ||
| Minnesota | West Virginia | ||
| Mississippi | Wisconsin | ||
| Missouri | Wyoming |
*Nevada regulates online poker and sports betting but has not licensed online casino games, so for online blackjack it sits in the same no-specific-law group as most states.
If You Are Unsure, Seek Legal Advice
When in doubt, seek professional legal advice: This website serves to provide players with advice and is not legally binding. Therefore, if you ever have more nuanced questions, do consider consulting a legal professional.
How would I deposit and withdraw money given the UIGEA and Where Can I Play?
The UIGEA has made it considerably more difficult for US residents to deposit and withdraw money from casinos. For example, e-Wallet services such as PayPal or Skrill (formerly Moneybookers), which are commonly used to transfer funds to and from casinos, generally will not work for US residents playing at offshore sites. PayPal does work at the licensed casinos in regulated states, but not for offshore play.
Most often, players from the US will be able to use debit cards, direct bank wire transfer, checks, and automated clearing house (ACH). For offshore play, the most reliable method is cryptocurrency such as Bitcoin, which is quick and avoids the card declines. Read our complete guide on how to buy Bitcoin for gambling online.
If your state licenses its own online casinos, those regulated operators are the safest option, and you can find them on our US online casinos hub. For US residents in states without a regulated market, we recommend Bovada or Betonline, and our guide to US offshore online casinos covers how to choose one and get paid.
Related Reading
FAQ
Has anyone ever been prosecuted for playing at an offshore online casino?pojpoj
The most recent prosection recorded incident occurred in 2003 where a player was fined $500 and charged with a misdemeanor.
Are offshore casinos regulated?
Offshore online casinos do not fall under US jurisdiction so we highly recommend sticking to well known brands such as Bovada or BetOnline.
What upcoming states will be legalizing online casino gambling?
Pennsylvania has been the most recent state to legalize online gambling and it is expected that West Virginia will be following suit by 2021.
Is Bovada operating legally within United States?
Yes. Since they are located offshore, they do not have to abide by the restrictions made by the UIGEA
Is it safe to gamble online?
Yes, but as with participating in any service online, it is up to you to do your own due diligence before making any wager. While we can recommend reputable various online casinos to play at, we insist that you read the terms and conditions at any online casino so you know exactly what is involved.
Tum
Administrator/moderator and fixer of things that break on blackjackinfo.com. Tum has contributed to the LCB network for over 10 years working with numerous casino, poker and sports affiliate websites.