Can You Play Online Poker in California?

Real Money Deposits & Withdrawals. Download our software for free on your desktop or mobile device, then select any of the easy-to-use deposit options listed below for your country ($10 minimum deposit, unless stated otherwise). In addition to below, you can login to your account through our website and visit the Cashier to deposit. After conducting extensive research, we have handpicked the best online poker sites for California residents. Bovada Poker - One of the best around (100% first deposit bonus up to $500) Bovada Poker is a platform that has a long history in the internet poker space. Although online Internet poker will likely not be regulated by the state of California for another year, players are free to sign up with over a dozen real-money poker websites offering real money poker gambling to United States citizens, which is great news for poker gambling fans California online poker legislative history.

Online poker in California seems to be a distant dream at best. For now, it seems that Golden State residents won’t be able to enjoy internet poker and online poker rooms any time soon. While some states have moved forward with legislation regarding online gambling, that hasn’t been the case for CA. And that obviously damages the prospect for online poker as well.

California has a complex gambling legislation, which makes matters worse. Attempts to launch California online gambling haven’t been successful at all. Not even the current boom inonline sports betting seems to have moved the pointers in the slightest. That being said, it is all down to financial implications. If, at some point,California online poker does make business sense, it will become available.

For now, California players can still enjoy one of the best markets in the US for live poker. While it isn’t possible toplay online poker for real money in the state, players can still do it the classic way. There is no shortage of good poker rooms in CA. It is possible to play some of the best poker games in California poker rooms, including Texas Hold’em, Omaha and Seven-card Stud, among many other popular poker games.

Real Poker Site

While there is no real money online poker in California, it is still possible to play other poker sites. Sweepstakes poker and social poker games are all legal alternatives in the state, and a decent workaround if you just want to play poker for fun. Sweepstakes poker sites, such as Global Poker, allow you to exchange the in-game currency for real cash and withdraw it.

California gambling introduction

Gambling in the US is always going to be a touchy subject. And it’s obviously no different for California. The Golden State’s gambling legislation has been in place since the 19th century. The California Penal Code prohibits casino games and house-banked games.

In 1933, a voter referendum legalized horse racing wagering. In 1976, California allowed charitable bingos, while the state lottery was approved in 1984.

While California gambling laws are quite strict, the prohibition does not apply to poker. Rather, California is arguably among the best in the US for poker players. In 1997, the Gambling Control Act established the creation of the California Gambling Control Commission, which, among other duties, became responsible for overseeing card rooms in the state.

Following the 2006 Unlawful Internet Gambling Enforcement Act, most online poker sites stopped taking in players from the US. Because of this, poker players in California aren’t able to play online for real money either.

California poker legality

Poker is legal to play in California. While the state legislation prohibits most forms of gambling, it does have some exceptions, especially when it comes to card games. Since poker doesn’t fall under the house-banked games prohibition, players in California are allowed to enjoy live poker.

However, the state has yet to make any advances on its online gambling legislation. Despite a recent boom in sports betting and other states making significant progress in moving forward with internet gambling, CA has been lagging behind.

For now, playing online poker in California for real money remains illegal. That doesn’t mean, however, that players in California aren’t allowed to play poker online. Sweepstakes poker and social poker games are still legal, although you won’t be able to play for real cash.

California poker rooms

Players still have plenty of options to play poker in California. The state gambling legislation does allow card rooms, so live poker is perfectly legal. According to the California Gambling Control Commission official website, the state currently has over 60 operating card rooms out of 86 active licenses. CA has 1,922 tables for card games, including poker.

The state gambling legislation allows tribal casinos as well as horse racing bets along with its card rooms and poker rooms. Commercial casinos are still prohibited, and so is real money gambling online. So, for now, California players will have to remain without a single online poker site.

California legal online poker

It isn’t possible to play real money online poker in California. However, there are some legal workarounds that do allow you to play online poker in the state. The options available are sweepstakes poker and social games.

Sweepstakes poker allows you to exchange its in-game currency for sweepstakes. You can then wager these and in turn exchange them for cash later. While you won’t be playing for real cash, this is as close as it gets. Social poker games, on the other hand do not pay any cash whatsoever. You will be playing for an in-game currency that has no use outside of the poker site.

California Online Poker and Penal Code

With no viable options to play poker online for money in California, some players might consider offshore poker sites as an alternative. Playing online at an offshore poker site is considered a grey area.

While not exactly illegal, there is no way of telling if it is considered legal either. You most likely won’t get into legal trouble for playing at an offshore online poker site. However, it’s highly advisable that you avoid doing so, even though some of these sites do accept U.S. online poker players.

Offshore online poker sites aren’t regulated by US gambling authorities. Instead, these sites operate under licenses issued by other international gambling authorities. These licenses don’t have many requirements, and regulation isn’t as strict. Additionally, these sites offer very little player protection. Some of them might be reliable, but it can also be a bit of a dice roll. One way or the other, you are better off avoiding offshore online poker sites.

California online poker sites

California does not have a poker site to play online for real cash yet. Since the state has yet to make any significant inroads regarding online gaming, the situation will likely remain this way in the near future.

Well-known online real money poker sites such as PokerStars, PartyPoker, 888Poker and WSOP aren’t allowed to offer their games in California.

A good legal alternative to play online poker in California is Global Poker. This sweepstakes poker site accepts players from CA. Since you won’t be playing for actual cash, it does not infringe the state gambling legislation. At the same time, sweepstakes poker is the closest you can get to playing online poker for real cash in California.

Global Poker in California

Global Poker is a sweepstakes poker site available for players in California. You won’t be playing for real cash, however. Rather, you are allowed to buy in-game coins and exchange them for sweep coins. Global Poker allows you to redeem sweep coins for real cash after wagering them in the games. Since it doesn’t directly involve cash wagering, Global Poker is legal to play in California.

Poker games available to play at Global Poker include Texas Hold’em and Omaha. It also offers Sit ‘n Go tournaments and Bounty tournaments. Players in CA can also enjoy online poker with social gambling apps. These do not involve real cash either, although it isn’t possible to redeem the in-game currency for actual money.

Poker games that involve any form of money wagering, such as cash games, aren’t available to play in California.

California Poker Games

Players in CA won’t have any trouble finding card rooms, which are legal under the state gambling regulation. Poker rooms in California offer many popular poker game variants, including Hold’em, Omaha, Card-Stud and many others.

Online poker isn’t available to play for actual money, so cash games aren’t available for players in California. For now, sweepstakes poker and social gaming apps remain the only way for players to enjoy online poker. California does not have any plans yet to introduce online poker for real cash in the state.

Land-based operators aren’t allowed to offer online poker. California poker players will likely have to wait for a while longer before the state legislators actually make some progress with online gaming regulations. If it does happen eventually, California players will be able to enjoy all the popular online poker game variants. Poker sites such as PokerStars, PartyPoker, 888Poker and WSOP offer Hold’em, No-Limit Hold’em, Pot-Limit Hold’em, Omaha variants, Seven-card Stud and many other poker games.

California online gambling

There have been no significant inroads to legalize internet gambling in California yet. This means that state residents won’t be able to enjoy popular online poker operators such as PokerStars, PartyPoker, 888Poker or WSOP, all of which already offer their services in other states.

A recent attempt by the Lipay Nation of Santa Ysabel’s Desert Rose to run an online bingo site did not succeed. The online bingo site had a complicated workaround ato offer legal online gaming, but the 9th Circuit of Court Appeals ultimately ruled against it. Since the precedent has already been set, it looks like online gaming in California will remain in the limbo for a bit longer.

California Poker Sites FAQ

How to play online poker in California?

For now, the only ways available to play poker online in California are sweepstakes poker sites and social gaming. While you likely won’t get into legal trouble for playing at offshore sites, you are better off avoiding this option. There is no current precedent to penalize players for this, but offshore sites aren’t regulated by U.S. authorities. Therefore, they have no requirements to follow U.S. legislation. Additionally, they operate under relatively lax regulations and a good number of them do not offer enough protection to the players.

What California poker sites take PayPal?

Online poker isn’t legal in California, so there are no internet poker operators in the state. In other words, you can’t use PayPal to deposit since online poker isn’t legalized in the state. Live poker at card rooms is the only way to play poker for actual cash in California.

What poker sites are legal in California?

The only sites legal in California are sweepstakes poker and social gaming. These are legal alternatives for online poker in California, although they do not offer real cash wagering. California does not allow any forms of online gambling, and that also applies for online poker.

Where can you play online poker in California?

The online poker alternatives available in California are sweepstakes poker, such as Global Poker, and social gaming. These do not offer real money poker games however, since California does not allow online gambling. Cash games and other poker games that involve any form of money wagering aren’t available for players in California.

Is PokerStars legal in California?

No, PokerStars isn’t legal in California. The state does not allow internet gambling, which means that popular online poker operators such as PokerStars, PartyPoker, 888poker and WSOP aren’t allowed to offer their games in California territory.

Is it legal to play online poker in the US?

Yes, online poker is legal to play in the US. You can play for real cash if you are at least 21 years old and physically located in one of the states that allow online poker. These states are Nevada, New Jersey, Delaware and Pennsylvania.

Can I gamble online in California?

No, you cannot gamble online in California. The state gambling legislation does not allow internet gambling, so it isn’t possible to bet on sports, play any online casino games or any online poker games. However, California does allow tribal casinos and land-based card rooms.

Is playing poker for money illegal in California?

No, playing poker for money isn’t illegal in California, since poker is one of the gambling options available in the state. California card rooms aren’t allowed to offer house-banked games. This is not the case for poker, which means that you can play poker games for money in CA.

What kind of gambling is legal in California?

The forms of legal gambling in California are tribal casinos, card rooms, charitable gambling and horse racing wagering. The state does not allow any forms of internet gambling, however. Commercial casinos and sports betting are also illegal in California.

Important CA Notes

California Real Money Online Poker Sites

• CA residents can play at offshore poker rooms legally
• Despite several recent pushes, iPoker has not passed yet
• Tribal casinos offer plenty of live cardrooms
• Commercial casinos are still currently banned
• Prospects for legalization are excellent in coming years

“Reviewed by Chuck Humphrey – 50 year Gaming Law Practitioner”

California is one of the American states actively pursuing the legalization of online poker. Since 2010, a number of bills attempting to legalize the activity have been introduced in the state legislature, but none have been successful thus far.

The state, however, has finally moved forward – at least, in the discussion sense. The state has scheduled several hearings in the coming months. Even with these hearings, there is still a lot of work that needs to be done for a passage of a bill in the Golden State. Despite several bills in the legislature, there has yet to be a consensus on a bill that will satisfy California’s many gaming interests.

Future Outlook of Online Poker in California – Estimated date of legalization: 2019-2020

The following graph tracks our expected legislation of online poker in California on a state law level. It is currently already legal on a Federal level. This graph monitors the current rise or fall of expected legalization.

Recent Activity – A Work in Progress
Though California does not have any law in place that permits online poker at a website operated in California, California statutes do not expressly forbid online poker (see Penal Code Sec. 337a(a)(3) and (6), as well as 337j for more clarification), and it is still legal according to the US government’s 2011 Wire Act revision. But, under the given circumstances, it’s currently deemed illegal to own and/or operate an online poker site within the state. Despite the state not allowing for state-operated poker sites, the preamble to SB 1485 of 2010 stated the following about unregulated poker:

“Over 1.5 million Californians participate at offshore poker websites, sports betting and casino sites on more than 600 unregulated gambling Internet Web sites every week.”

With such activity, it’s no surprise online poker legalization in California has been the subject of a perpetual list of bills – which is promising. A brief history of the bills introduced so far leading up to the present situation is given below.

The reason legalization has not occurred in California is a lack of consensus within the Indian tribes that control significant interests in land casino gambling. Work is being made towards a resolution of this issue, but there are also differing views between the Indian tribes and other interest groups.

An illustration of this lack of cohesiveness is the dissolution of the California Online Poker Association (COPA). COPA was formed in 2010 with members from 31 Indian tribes and 20 prominent card rooms and horse tracks. The objective was to push for legalization of online poker in California. For over a year, it gave hope to millions of online poker enthusiasts. Senator Wright introduced SB 1485 in the California senate in March 2010. A hearing set for June 29, 2010 was canceled by the author and the bill died when the senate session expired. Senator Correa introduced SB 40 and Senator Wright introduced SB 45 in December 2010. Both bills died in January 2012.

Senator Wright introduced an online poker bill for the third time in February 2012, SB 1463, but died without any hearing. In October 2012, the Morongo Band of Mission Indians and the San Manuel Band of Serrano Mission Indians, two of the strongest member groups, left COPA. A Los Angeles Times report[A] stated that Ryan Hightower, the spokesman for COPA, announced that the organization had disbanded because of, “insufficient progress within the legislature toward the passage of an online poker bill.” Senator Wright again introduced his online poker bill, SB 51[D], in December 2012. 2012 was a lost year for online poker legislation in the state, though it did garner plenty of momentum for legalization of online gambling.

In 2013, the state gathered even more steam, with California tribes banding together to draft a bill that was introduced that year[B]. The tribal bill was never fully introduced, but there were other bills that did get introduced in the state legislature. Senator Correa introduced bill SB 678[E] in February 2013. Both were not passed and new proposed bills SB 1366 by Senator Correa and AB 2291 by Assemblyman Jones-Sawyer, were introduced on February 21, 2014 that would regulate online poker if passed. Both these bills were shelved on August 5, 2014, but a new bill was introduced in December 2014 by Assemblyman Mike Gatto, AB 9.

All of these efforts died in the state legislature, a familiar theme for those who have been following online poker in the state since the Department of Justice reversed their decision on the Wire Act[C]. The debates surround bad actor clauses, the inclusion of interstate compacts, tax rates, and which entities in the Golden State would be allowed to offer online gaming.

There were high hopes for passage within 2015 after Gatto’s bill was introduced the year before, along with another bill from Assemblyman Reggie Jones-Sawyer. In 2014, he introduced SB 678 with State Senator Lou Correa, who also worked with him on his 2015 introduction of AB 167[F]. Mike Gatto pulled his bill in July 2015, saying he would not move forward because “there was no consensus” on the issue just yet. Jones-Sawyer’s AB 167 was condemned to the same fate.

Although AB 431[G], a bill introduced by Assemblyman Adam Gray, did get to the Assembly Floor despite opposition – the bill offers no specifics on online poker regulations and is only two pages long. It’s noteworthy it made it the floor, but this was nothing more than a placeholder with no chance of passage.

In short, almost all potential bills through 2015 have been withdrawn or had no shot of passage. Bad actor clauses and tax rates remain a hotly debated topic, but there has been some compromise there. There was heavy division among the coalitions about giving California racetracks the ability to apply for licenses if online poker was legalized, but most of those discussions have been resolved in 2016. With the budget finalized on July 24, 2015[H], the door was shut on the chances of iPoker passing in 2015.

In February 2016, California Assemblymen Adam Gray and Reggie Jones-Sawyer introduced AB 2863 – a bill to legalize online poker. This bill received a hearing on April 27, 2016 and it passed the Assembly Governmental Organization Committee by a 18-0 vote. AB 2863 would give the horse racing industry up to $60 million a year and in return they cannot own or operate any state online poker websites; a move in the right direction and well received. On June 22, 2016, the state’s Assembly Appropriates Committee passed the bill. It then went to the full Assembly but did not receive a vote and was shelved. This legislation would require a $12.5 million license fee from potential poker website operators, charge a tax rate ranging from 8.847%-15% depending on the amount of revenue generated, and would not allow PokerStars to enter the market until 2021.

AB 1677, a bill to legalize and regulate online poker in California, was introduced on February 17, 2017 by Assemblyman Reggie Jones-Sawyer. It’s pretty much the same bill as the previous year, and unfortunately, it didn’t make any headway.

Nevertheless, the future is still relatively bright long-term for online poker legalization in California. Though those who follow the situation must be getting sick of the same arguments and divisions between different coalitions, there is still a ton of interest going forward.

PrivateTable.com, Santa Ysabel Tribe

Santa Ysabel Interactive launched an online poker site in June 2014, despite California not yet regulating the activity. The site was located at PrivateTable.com, but appears to have shut down around May 1, 2015, which took residents of California who are 18 or older. As one would expect they were being sued by the state of California and there is no real money play.

The Tribe has stated that they support any efforts in the State to pass online gambling related legislation, but are relying on the federal Indian Gaming Regulatory Act (IGRA), along with their tribal sovereignty to state that they are within their rights. The site was scheduled to be available for real-money play in November of 2014, but nothing came to fruition. The Tribe has closed their only land-based casino after amassing a debt of $50 million.

Some speculate that this may speed up the process of a bill passing, but I think PrivateTable.com was more of sideshow. The barriers and issues that have stopped something from passing so far still remain the same.

Current Gambling Laws in California

In order to appreciate why California has been unable to pass laws permitting regulated online gambling, one has to understand the history and rights of Native Indians with respect to gambling.

In 1987, the U.S. Supreme Court recognized the inherent right of Indian tribes to offer gaming on federally recognized tribal lands. In 1988, Congress passed the Indian Gaming Regulatory Act (IGRA)[I] through which tribal governments could conduct gaming as a means of promoting economic development and self-sufficiency. Under the IGRA Indian tribes (referred to as “nations”) had to negotiate with U.S. states concerning scope of gambling and level of regulation. But it was made clear that Indian nations would be the sole owners and primary beneficiaries of Indian gaming. Because compacts have to be made with states and because the tribal gaming is subject to Federal oversight, the process has never been totally smooth.

California has one of the largest and most powerful Native Indian lobbies. It also has a history of antagonism between the Indians and the settlers. According to the California Nations Indians Gaming Association (CNIGA), there are 61 tribes that have signed compacts with California. The compacts allow for the operation of video slot machines and casino banked card games in a competition free environment subject to the tribal casinos paying a share of the revenue to the state. CNIGA[J] has stated that the California Indian tribes feel they have been forced into accepting unfavorable terms in these compacts and are therefore now wary of every move that is being made with respect to online gambling. Because of the contributions they make to the Democrats and Republicans alike, the Indian tribes have sufficient backing in the legislature and are able to stall undesirable bills.

For the state in general, most gambling statutes are covered in Division 8 of the Business and Professions Code. Chapter 4 covers horse racing. Chapter 5 is The Gambling Control Act[K]. Clause 19801 (a) prohibits commercially operated lotteries, banked or a percentage games, and gambling machines, and strictly regulates pari-mutuel wagering on horse racing. Therefore, the forms of gambling permitted apart from the native tribal casinos are poker in card rooms, the California lottery and betting on horse races. The operators conducting such activities are required to obtain a license.

Section 330 of the California Penal Code[L] provides a partial list of the prohibited games and the penalties for violation. The section reads, “Every person who deals, plays, or carries on, opens, or causes to be opened, or who conducts, either as owner or employee, whether for hire or not, any game of faro, monte, roulette, lansquenet, rouge et noire, rondo, tan, fan-tan, seven-and-a-half, twenty-one, hokey-pokey, or any banking or percentage game played with cards, dice, or any device, for money, checks, credit, or other representative of value, and every person who plays or bets at or against any of those prohibited games, is guilty of a misdemeanor, and shall be punishable by a fine not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment.”

History of Gambling in California

Land Based Poker in California

Gambling in California[M] report by Dunstan provides the background of gambling in the state. Poker has been played in California since the time of the gold rush. It continued to be played in card clubs after the state was founded in 1850. These card clubs were neither declared legal nor illegal. They were also not regulated. However, a number of card games were explicitly banned and this list included stud horse poker. In the 1970s, Texas Hold’em poker became extremely popular in the neighboring state of Nevada. The California card clubs also began to offer this variant. After prolonged litigation, all forms of poker became permissible in card clubs from 1987. In 1984, under the Gaming Registration Act all existing card clubs had to obtain a license. New card clubs would have obtain a license before starting operations. Today, the Indian tribal casinos are also allowed to offer poker.

The rationale for allowing poker in card clubs is as follows: The card clubs only charge fees for providing services and do not take money from the players as a result of wagering. The amounts lost by some players are won by other players and therefore the money remains within the community. In comparison, in card games like blackjack players lose money to the house. Therefore, games in which players wager against the house are banned. Another reason is that poker involves a fair element of skill.

There are two other forms of land based poker allowed according to California gambling laws[N]. Players can wager on poker at homes provided no rake is taken. Nonprofit organizations are allowed to host poker games under restricted conditions for the purpose of fund raising. The material constraints are that no cash prizes are to be awarded to the winners and that at least 90% of the revenue collected should go to charity.

Non-Poker i-Gambling Laws in California

There are two sets of gambling laws in California. The compacts with the Nation Tribes govern gambling at the casinos on Indian lands. These casinos offer banked card games and slot machines, which are illegal in the rest of California. The other set of gambling laws stem from the constitution of California. Gambling is covered in the Business and Professions code of the constitution. The California Penal Code prescribes the punishments and other details. The major forms of gambling permissible are non-banked games like poker in card clubs, horse racing and lottery. Gambling at fund raisers and on cruise ships are also permissible, but are prevailing to a minimal extent.

Section 19 (b) of Article IV of the constitution states “The Legislature may provide for the regulation of horse races and horse race meetings and wagering on the results.” The detailed laws are provided under Chapter 4 of Division 8 the Business and Professions code. Article 9 deals with the wagering. Only pari-mutuel wagering is allowed. All other forms of betting are illegal. Originally, the wagering had to take place at the racetrack. Now simulcast wagering is allowed. California residents can place wagers from authorized sites away from race tracks, including on intrastate and interstate horse races, under simulcast wagering.

Sections 19 (a) and (d) of Article IV of the constitution contain the directive principles with regards to lottery. The Legislature has no power to authorize lotteries in the state as such. However, the California State Lottery was established in 1984 through a constitution amendment. The functioning of the California State Lottery is governed by the California State Lottery Act of 1984[O], which is Chapter 12.5 of Title 2 the Government code.

The California Lottery is run by an autonomous five-member commission. The Lottery Act limits the types of games that can be used. The present list includes a number of Draw games, Super Lotto Plus and Powerball. In 2005, California Lottery joined Mega Millions. The lottery returns 50% of the revenues as prizes, 34% is allocated to educational institutions and the remainder covers administrative expenses.

Under Penal Code Section 322, “every person who aids or assists, either by printing, writing, advertising, publishing, or otherwise in setting up, managing, or drawing any lottery, or in selling or disposing of any ticket, chance, or share therein, is guilty of a misdemeanor.”

Card clubs have to be registered with the Attorney General under the Gaming Registration Act. The laws governing the operations of card clubs are included in the Gambling Control Act, which is Chapter 5 of Division 8 of the Business and Professions code. The California Gambling Control commission is the regulatory authority. The card clubs can offer games that are not expressly prohibited under law. The prohibited games include banked or percentage games and gambling machines. Players can wager on poker in card clubs.

Sections 330 and 337 of the California Penal Code deal with violations of the Gambling Control Act. Violations are mostly defined as misdemeanors, but punishments depend upon the nature of violation and the repeated the nature of the offense. Punishments range from fines to imprisonment, or both.

Article 17 of the Gambling Control Act deals with nonprofit organization fundraisers for charitable gambling. Clause 19885 (b) states, “The playing of controlled games for the purpose of raising funds by nonprofit organizations is in the public interest.” Section 337j (e) of the Penal Code includes in controlled games “any poker or Pai Gow game, and any other game played with cards or tiles, or both”. Though bingo does not fall under “controlled game”, Section 19 (c) of Article IV of the constitution specifically allows bingo only for charitable purposes.

Online Poker Real Money California Reddit

Owing to a recent change in federal law, cruise ships can call at consecutive California ports and allow gambling.

The state of California has entered into a separate compact with the each of the tribal nations. Hence, these compacts are not like uniform statutes covering all the casinos operated by the Indian tribes. The broad details are available at the CNIGA website[P]. Each compact with a tribe spells out the games that can be offered by that tribe, the maximum number of slot machines or tables that are allowed, the revenues that must be paid to the state, how much money has to be paid to tribes without casinos and what services like education, health and police the tribes have to provide on their own lands. Tribal casinos generated $7.8 billion to the economy in 2014, the latest numbers available, and support over 63,000 jobs per a report from the California Nations Indian Gaming Association.

Author:Joseph Falchetti (twitter)
(C) Copyright PokerWebsites.com, 2018

References and Citations