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Poker, as it’s known in the US, traces its origins to 17th-century Mississippi, Louisiana. During this time, gambling houses sprouted across the state and the surrounding areas. Popular games used the 20-card deck and the 52-card deck, which has several variants still around today.

Although gambling became outlawed in most states, a new revolution in Las Vegas, Nevada, saw the emergence of a new breed of gamblers. Now, approximately 60 million Americans play poker in brick-and-mortar and online casinos, catapulting the game to higher levels.

In this in-depth guide, we’ll look at how poker is making waves across various states in the US.

Poker Legislations in the US

Since it’s tough to regulate online casinos, the legality of online poker in the US is not straightforward. Most states lack clear laws that criminalize or legalize online poker, but the following are some of the exceptions:

Nevada

This is a gambler’s paradise where you can play and wager on poker. However, be advised that there are strict legal codes that control wagering activities.

The main laws governing gambling in this state are explained in NRS 463 – Licensing and Control of Gambling, while regular online players should check out NRS 465 – Crimes and Liabilities Concerning Gambling for additional provisions.

Delaware

Online poker is fully legal in the Diamond State. Delaware passed the Delaware Gambling Competitiveness Act 2012 to legalize online gambling, including poker.

Regulation is made possible through the Delaware Lottery, which oversees all gaming activities in the state.

New Jersey

Although the Garden State has a well-regulated online poker industry, there are strict laws that govern unlawful gambling. However, these laws are messy and are made up of many old laws dating back to the 19th century with archaic language which have been updated after minor amendments.

For example, Section 2A:40-1 is unclear whether betting on online poker could constitute unlawful behavior. Punishment is yet to be set for violators.

West Virginia

Some of the main state codes that regulate the gambling industry and online poker in West Virginia are 19.23-24, 29.22, 61.10.1-5, and 61.10.8-14.

Although online poker was legalized in this state in 2019, you could still be charged with a misdemeanor in certain circumstances. For example, if you wager real money or use any other valuable item during a game of chance in a public or private area, you could face misdemeanor charges.

Michigan

Brick-and-mortar casinos are legal in the Great Lake State, but laws on the online gambling industry are still fuzzy. Statutes dating back to 1931 and newer revisions have mish-mash language that could confuse gamblers.

For example, a review of Chapter 750, sections 301 – 315a reveals that there’s no legal definition of gambling in the state law, but some definitions attach penalties to the activities. The more you win in games of chance where you wager real money, the higher your fine.

Pennsylvania

The Pennsylvania Gaming Control Board (PGCB) considers iGaming as part of its gambling industry, making the state one of the top three markets for gamblers in the US. In 2023, the state grossed $5.7 billion, which was close to the gambling giants Nevada ($15.5  billion) and New Jersey ($5.8 billion).

From humble beginnings, this state has risen to prominence with 17 renowned casinos and multiple online gambling platforms, catapulting it into a mecca for gambling.

Other States

Online poker is a gray area in other states without official laws, which is why many gamblers prefer playing online poker from out-of-state areas, although it’s risky in the absence of proper regulations.

States like Wyoming, Utah, and Hawaii have resisted all forms of gambling due to their religious beliefs, which greatly impact their politics. On the other hand, states like Florida, California, and Wisconsin offer poker through tribal gaming and state interests.

The Unlawful Internet Gambling Enforcement Act

In 2006, Congress passed this Act, consequently shutting down many online poker sites. The Federal government followed suit five years later, shutting down and arresting numerous owners of the largest poker sites that were still operational.

In the same year (2011), Twitch was launched and managed to attract millions of users who came to the site to meet fellow fans and share tips and tricks. 2013 was the game changer; the first legal online poker game where gamblers played with real money came into the picture.

As a hot topic, poker legislation is dynamic because of the unstable political winds. For example, most states banned sports betting for decades only to lift the ban after the Wire Act was changed in favor of the landscape. Online poker piggybacks off sports betting; therefore, they co-exist due to the Act.

Numerous legislative attempts exist to regulate online poker in the US. For example, Gene Wu, a lawmaker in the Lone Star state, introduced a bill seeking to support live poker efforts in Texas.

Poker in the World’s Casino Capital, Nevada

According to Statista, there were more than 578 poker tables across Nevada casinos in 2019, an increase of more than 100 from the year 2000. However, these figures reveal a significant drop from when poker was at its peak–there were 920 poker tables across Nevada in 2010. This means that poker’s popularity has dwindled by almost a third.

Interestingly, the number of poker games in 2006 increased substantially when the film Casino Royale was released and received huge accolades in cinemas. Thanks to technological advances and the advent of live-streaming services, poker switched platforms as gamblers turned to online casinos for their gaming needs.

Texas Hold’em Reigns Supreme

The poker variant most beloved by newbies and pros in the US is Texas Hold’em. This game gained traction in 2004 after an amateur player (Chris Moneymaker) participated in the 2003 World Series of Poker and won $2.5 million. During the game, players draw from seven cards (including two cards from the dealer and five from the community), aiming to make their best five-card hands. This is followed by multiple rounds of betting.

The next-most searched term after Texas Hold’em is Omaha Hold’em, also known as Omaha poker. Although the game is similar to Texas Hold’em, players get two extra cards from the dealer. Another old variant of poker that’s still popular today is the Five-Card Stud–players win many hands with pairs because they’re dealt five cards at a time.

Razz is a version of Seven-Card Stud and the least searched term in online poker. Players aim for the lowest possible hand by using five of their seven cards.

The Future of Poker in the US

Online and mobile casinos continue to increase in the US and other parts of the world. This indicates that poker will continue thriving in the digital world, forcing the state and federal governments to embrace this game in their legislation. One thing that’s bound to remain the same is the love for high-stakes suspense in this classic game.