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.
The state of Virginia doesn’t regulate online gambling or allow any casinos to operate within state lines. But since the state’s laws don’t mention online gambling at all, it’s technically legal to gamble with offshore-based casino, poker, and sports betting sites. So, that means that one of the most popular USA online casinos, the BetRivers casino, could be launched in Illinois as soon as it is legally able to. List of Illinois Casinos So, there are not yet legal Illinois online casinos available in the state of Illinois. However, there are currently operating legal retail casinos. In November 2018, during the state elections, citizens voted to allow four land-based casinos to be granted licenses to operate with Arkansas. At the time of writing, this change is still being processed. However, there have been no rumors of changing the legal status of gambling online.
It is completely 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 which is related to sports betting and does not apply to whether online blackjack is legal since they are considered different forms of gambling.
Play Blackjack Live Online
If you want to try playing blackjack online for real money, we recommend US players to visit Bovada casino.
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 three states that have explicitly passed laws specifically for allowing online gambling which are:
Interestingly, Nevada has allowed for online poker but have prohibited online casino gambling.
States Where Online Blackjack is Technically Illegal
- Illinois
- Indiana
- Louisiana
- Montana
- Nevada
- Oregon
- South Dakota
- Washington
- Wisconsin
There are 9 states that have prohibitions against online casino gambling however it should be noted that the real target of these laws are the online casinos themselves and not the player.
The likelihood of being criminally charged is extremely low and even if you were 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, let’s look at a table of all states so you can easily distinguish the laws of the state you reside in.
| State | Legal? | State | Legal? |
|---|---|---|---|
| Alabama | Montana | No | |
| Alaska | Nebraska | Yes | |
| Arizona | Nevada | No | |
| Arkansas | New Hampshire | ||
| California | New Jersey | Yes | |
| Colorado | New Mexico | Yes | |
| Connecticut | New York | Yes | |
| Delaware | North Carolina | Yes | |
| Florida | North Dakota | Yes | |
| Georgia | Ohio | Yes | |
| Hawaii | Oklahoma | Yes | |
| Idaho | Oregon | ||
| Illinois | Pennsylvania | Yes | |
| Indiana | Rhode Island | Yes | |
| Iowa | South Carolina | Yes | |
| Kansas | South Dakota | ||
| Kentucky | Tennessee | Yes | |
| Louisiana | Texas | Yes | |
| Maine | Utah | Yes | |
| Maryland | Vermont | Yes | |
| Massachusetts | Virginia | Yes | |
| Michigan | Washington | ||
| Minnesota | West Virginia | Yes | |
| Mississippi | Wisconsin | ||
| Missouri | Wyoming | Yes |
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 Moneybookers, which are commonly used to transfer funds to/from casinos, usually will not work with US residents engaging in online gaming. We recommend US players avoiding these in general.
Most often, players from the US will be able to use debit cards, direct bank wire transfer, checks, and automated clearing house (ACH). The best method though is to use Bitcoin which is extremely quick and doesn’t have any excess fees. Read our complete guide on how to buy Bitcoin to deposit at a casino here.
For US residents outside of New Jersey, Nevada and Delaware, we recommend playing at Bovada or Betonline.
Related Reading
FAQ
The most recent prosection recorded incident occurred in 2003 where a player was fined $500 and charged with a misdemeanor.
Offshore online casinos do not fall under US jurisdiction so we highly recommend sticking to well known brands such as Bovada or BetOnline.
Pennsylvania has been the most recent state to legalize online gambling and it is expected that West Virginia will be following suit by 2021.
Yes. Since they are located offshore, they do not have to abide by the restrictions made by the UIGEA
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.
Contents
As discussed in a previous article on the legality of playing blackjack online, the gambling industry in America is one of the most structured and developed gambling environments in the world. It is surprising then, that out of all countries in the world, the US probably has the most confusing situation when it comes to online casinos.The majority of this confusion stems from the fact that online gambling is partly regulated by federal laws and partly by individual states. Moreover, since each state approaches the subject in a different manner, the average US player is left baffled when trying to decide whether using online casinos is legal in their state.
Current Federal US Laws That Regulate Online Casinos
Here’s a statement no one was expecting — no federal law in the US says that online gambling is illegal. However, it also doesn’t say that it is legal, which makes the market a gray area. US citizens are allowed to place wagers online, but only if the website isn’t based in the US.
The US federal law explicitly prohibits banks — or any other financial institution — to knowingly process transactions between a known web-based gambling business and US-based customers. In essence, it is illegal for your bank to handle a withdrawal or deposit to or from your casino account. That was the goal of the much-grumbled-about UIGEA (Unlawful Internet Gambling Enforcement Act).
You should notice, however, that it isn’t a crime for a US-based player to make or request a transaction — it’s just illegal for the bank to process them.
When it comes to lawmaking, the Tenth Amendment of the US Constitution states that anything that doesn’t have a specifically granted Federal purview and jurisdiction is up to the states. Thus, the Federal Government has not taken any stance related to gambling taking place within individual states — it up to individual states to do that.
The only two areas that the Federal Government regulates are:
- Interstate Commerce
The consequences of the first were already explained. The latter resulted in allowing states such as New Jersey to have online casinos, but only if they are being offered to US citizens physically located within New Jersey’s boundaries.
Casino Laws by State
Current States’ Laws That Regulate Online Casinos
If federal law was all that US players had to consider, the legality of web gambling would be a lot easier to talk about. Unfortunately for US-based gamblers, US state law is sometimes more restrictive than federal law.
So how strict are US state laws on internet gambling? Some US states have laws that explicitly prohibit all forms of online gambling.
Those are:
- Washington
- Wisconsin
- Illinois
- Montana
- Oregon
- Louisiana
- Utah
- Hawaii
State law prohibits the residents of these states from placing any kind of bet over the internet, regardless of federal regulation. Other states are less strict but are still restrictive — in South Dakota, for example, anyone in “the gambling business” is not allowed to place online bets, which is a really quirky law if you think about it.
Long story short, some US players have to walk a thin line if they want to play in an online casino while remaining within the confines of the law. Thankfully, the US rarely prosecutes online gamblers. We only found two instances where an online gambler broke a law, and both come from politically conservative states.
States in Which Online Casinos Are Legal
Thankfully, several states are more liberal toward online gambling and allow online casinos to operate in their area.
New Jersey
The state of New Jersey doesn’t prohibit online casinos and online poker. It is currently the biggest market for regulated online gambling in the US. Over a dozen licensed and legal online casino websites and poker rooms compete for their place in the sun in a market that is worth over $255 million per year.
Pennsylvania
In PA, online casinos were launched in July 2019 and online poker in November 2019. Gamblers have the option to bet in person or online via mobile app or website. Many Pennsylvanian major land-based casinos have created their online casino versions too.
Delaware
In Delaware, online casinos and online poker were launched at the same time — in November 2013. Although the First State seems like a strange location for amazing web-based gambling, that’s exactly what it is.
Michigan
As of December 20, 2019, online casinos and online poker are legal in the state of Michigan. However, operators are limited to a single online skin, and multi-state games aren’t permitted. Each of the 23 tribal and three commercial casinos can apply for licensing, but online casinos are still waiting to be legalized.
Nevada
Even though it is an unofficial birthplace of American gambling, the state of Nevada only allows online poker in designated poker rooms. Yes, they do have a legal WSOP website, but other online casino games are prohibited.
Offshore Casinos — A Handy Alternative
Even if you aren’t physically located in the states where online casinos are legal, there is still a way to find some quality entertainment online — by playing in offshore casinos.
Any US citizen can legally access these licensed offshore gaming platforms from most states. As we already explained, in Washington, Wisconsin, Montana, Illinois, Utah, Hawaii, Oregon, and Louisiana, all forms of online gambling are explicitly forbidden.
If you are wondering whether it is safe to play in casinos that aren’t licensed in the United States, the answer is yes. These casinos are legitimate and have clearly defined guidelines and rules that ensure a safe and fair gaming environment.
Is It Legal To Start An Online Casino Real Money
In addition, in order to offer casino games to gambling enthusiasts and be able to do business around the globe, offshore casinos need a license from reputable gambling jurisdictions, which makes them safe and trustworthy.
Moreover, since no federal law prevents US-based players from gambling in licensed offshore casinos, they can enjoy playing their favorite games on these platforms. Safe online casinos that accept US citizens possess valid certificates and licenses and are monitored by reputable governing bodies. They also have enticing welcome bonuses, a slew of interesting games, and a protected online gaming environment.
Future of US Laws That Regulate Online Casinos
The future is bright. Really bright. The biggest obstacle toward legalizing online casinos in the US was that the government was trying to stop the gradual loss of citizens’ interest in their official gambling zones — Las Vegas and Atlantic City. Since that has already happened, there is nothing that stands in the way of progressive legalization of online casinos across the nation.
Not to mention the fact that states without legal online casinos are starting to lose gambling aficionados who travel across state lines in order to play in states where gambling is legal. For instance, the legislative trend in New York is going toward expansion of gambling activities rather than contraction, since the state doesn’t want to lose its players to its neighbor New Jersey.
FAQ
You need to be at least 21. Even though the legal age limit for the online lottery is 18, you have to be 21 to play in an online casino. It is likely that lawmakers will decide to change the limit in the future.
In the states where they are legalized, online casinos must follow strict regulations and are therefore completely safe. However, you should exercise due diligence — always do thorough research before you decide to join a casino.
Yes, you can; many casinos offer these games. Lately, a lot of online casinos have begun introducing this section on their platforms. Live casino games are popular since they offer a genuine casino experience. Of course, not all online casinos sport a Live Casino section, so make sure you find those that do.
Just like all other industries today, the online casino industry is very competitive, meaning there is a myriad of casino games at your disposal. Any land-based casino game you can think of probably has an online version. What’s more, online casinos can often surprise you and you can run into some games you’ve never even heard of.
To cater to the needs of their players and thus remain competitive, the majority of online casinos offer a broad selection of payment methods. This results in easy and secure online payments. Of course, the processing time depends on the payment option you select.
Legal Online Casinos In Pa
Yes, you can. Online casinos, like other websites, understand the importance of mobile optimization and do everything in their power to meet the needs of their players. Since many players prefer to use their smartphones to play games, most casinos either have a fully optimized mobile site or a dedicated mobile app.