Internet gambling is legal in some states but banned in others, and the rules differ by type of gambling
Internet gambling is not legal everywhere in the United States. Right now, about a dozen states allow some form of online gambling — mostly online poker, sports betting, or casino games — while most states prohibit it entirely. The states that do allow it set their own rules about which games are legal, who can operate them, and how much you can bet. If you live in a state where it is banned, using an online gambling site is illegal even if the site operates legally somewhere else.
The legal landscape changed significantly in 2018 when the Supreme Court struck down a federal ban on sports betting, allowing states to decide for themselves. That decision opened the door for states to legalize online sports betting, and some also expanded rules for online poker and casino games. But there is no single federal law that covers all internet gambling — each state writes its own rules, which means what is legal in one state may be illegal in the state next door.
Key Takeaways
- Online gambling is legal in only about a dozen states, with most allowing sports betting, some allowing poker, and a few allowing casino games.
- Each state sets its own rules about which games are legal, which companies can operate, and what age you must be to participate.
- Using an online gambling site is illegal in states that have not legalized it, even if the site is legal in another state.
- The companies that operate legal gambling sites must be licensed by the state where you live, not just the state where the company is based.
- State rules change frequently as legislatures pass new laws, so you should check your state's current rules before using any site.
States that allow online sports betting
Online sports betting is the most widely available form of internet gambling. States that have legalized it include Colorado, Delaware, Illinois, Indiana, Iowa, Michigan, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Tennessee, Virginia, Washington DC, West Virginia, and Wyoming. Each of these states has licensed one or more companies to take bets on professional and college sports.
The rules vary significantly. Some states allow bets only through official state lottery apps or websites, while others license multiple private companies. Nevada and New Jersey, which legalized online sports betting earliest, have the most established markets with the most betting options. Newer states like Ohio and Maryland are still building their licensed operator lists. Age requirements are typically 21, though a few states allow 18-year-olds to bet on certain sports.
If you live in a state that has legalized online sports betting, you can only use sites that are licensed in your state. A site that is legal in New Jersey but not licensed in Pennsylvania is illegal to use in Pennsylvania, even though it operates legally elsewhere. Most licensed sites use geolocation technology to verify you are physically in a state where they are licensed before accepting your bets.
States that allow online poker
Online poker is legal in fewer states than sports betting. Nevada, New Jersey, and Delaware have legalized and licensed online poker sites. Pennsylvania also allows online poker through its gaming commission. In these states, you can play poker against other players on licensed platforms, and the state collects tax revenue from the games.
Online poker in these states is different from sports betting in one important way: poker is a game between players, not a bet against the house. The poker site makes money by taking a small cut of each pot, called the rake. This structure means poker sites do not have the same financial incentive to encourage large bets that casino sites do, which is one reason some states have been more willing to legalize poker than other casino games.
States that allow online casino games
Online casino games — slots, blackjack, roulette, and similar games where you bet against the house — are legal in only a handful of states. New Jersey, Pennsylvania, Michigan, and West Virginia allow licensed online casinos. Delaware allows a limited form of online casino gambling through its state lottery. Connecticut and Rhode Island have also begun licensing online casino sites in recent years.
Casino games are more restricted than sports betting or poker because they carry higher risk of problem gambling. The house has a mathematical edge in every casino game, which means the longer you play, the more likely you are to lose money overall. States that allow online casinos typically require the sites to offer tools like deposit limits, self-exclusion options, and links to gambling addiction resources.
States where internet gambling is illegal
Most states do not allow any form of internet gambling. This includes states like Texas, Florida, California, and New York (which allows sports betting but not casino games or poker). In these states, using an unlicensed gambling site is illegal, and the state may pursue criminal charges against people who operate such sites.
The federal government also has laws that restrict internet gambling. The Unlawful Internet Gambling Enforcement Act (UIGEA) of 2006 makes it illegal for banks and payment processors to knowingly transfer money to unlicensed gambling sites. This means that even if you live in a state where gambling is illegal, you may find it technically possible to access offshore sites, but doing so violates federal law and puts you at legal risk. Additionally, offshore sites offer no legal protection if a dispute arises — you have no recourse if the site refuses to pay you.
How to find out what is legal in your state
The easiest way to find current information about your state's gambling laws is to search for your state's gaming commission or gaming control board website. Most states that have legalized any form of internet gambling maintain an official list of licensed operators on their gaming authority's website. These sites also explain the rules, age requirements, and what types of gambling are legal.
State laws change frequently. A state that banned online gambling five years ago may have legalized sports betting since then. Conversely, a state may have restricted a form of gambling that was previously allowed. Rather than relying on an article that may be outdated, check your state's official gaming authority website for the most current rules. If your state does not have a gaming commission website, you can search "[your state] online gambling laws" to find recent news articles or legal summaries.
If you are unsure whether a specific site is licensed in your state, you can cross-reference the site's name against your state's official list of licensed operators. Licensed sites are required to display their license number and the state gaming authority's contact information on their website. If a site does not display this information clearly, it is likely not licensed in your state.
What happens if you use an unlicensed site
Using an unlicensed gambling site in a state where it is illegal can result in criminal charges. The severity depends on the state and the amount of money involved, but penalties can include fines and jail time. More commonly, people who use unlicensed sites face civil liability — if a dispute arises, you have no legal recourse because the site is operating illegally.
Unlicensed sites also pose practical risks. They may refuse to pay out winnings, steal your personal information, or disappear entirely with your money. Because they operate outside the law, you cannot file a complaint with a state gaming authority or pursue a lawsuit in state court with any expectation of success. Licensed sites, by contrast, are required to maintain certain security standards and are subject to regular audits and inspections.
Frequently Asked Questions
Can I use a sports betting site licensed in another state?
No. You can only use sites that are licensed in the state where you live. Most licensed sites use geolocation technology to verify your location before accepting bets. If you try to use a site licensed in another state, it will either block you or you will be breaking the law in your state.
Is it legal to gamble on offshore sites?
No. Offshore sites are not licensed by any U.S. state and violate federal law. Using them puts you at legal risk and offers no protection if a dispute arises. Banks and payment processors are also prohibited from processing payments to offshore gambling sites under federal law.
What age do I have to be to gamble online?
Most states require you to be 21 years old. A few states allow 18-year-olds to bet on certain sports, but this is uncommon. Licensed sites verify your age before allowing you to create an account, typically by checking your state ID or Social Security number.
Can I bet on college sports online?
It depends on your state. Most states that allow online sports betting permit bets on college sports, but some restrict betting on in-state college teams or certain conferences. Check your state's gaming authority website for specific rules about college sports betting.
Do I have to report gambling winnings on my taxes?
Yes. Gambling winnings are taxable income at both the federal and state level. Licensed gambling sites report large winnings to the IRS, and you are required to report all gambling income on your tax return, even if the site does not report it.