Social Gambling Laws in 2024 (Betting With Friends)

Specifically, 27 states allow legal gambling with friends. Massachusetts, Pennsylvania, and Washington, D.C. have ambiguous social gambling laws that likely make it legal, but not definitely.

Is gambling illegal? The answer is “maybe.” In some states, social gambling is legal, while others have varying restrictions.

In general, social gambling at home is legal as long as the money in play is distributed fairly among the winners and losers. Illegal gambling occurs when the host takes a “house cut.”

Before you invite friends over, scroll down to see how your state views social gambling and online betting with friends. Enter your ZIP code to ask an attorney about local gambling laws for free.

Social Gambling Definition & Federal Law

What is social gambling? Social gambling is a game played primarily for fun or to socialize, typically among friends, family, neighbors, or co-workers. It takes place in a private location, not a public area or commercial venue/business.

Why is it important whether something qualifies as “social gambling” or not? Because you face risks under federal and state laws for participating in or hosting home gambling events.

While there are three core elements that make up gambling, the law typically uses two closely related legal criteria for when or whether an activity is social gambling:

• No one profits by organizing or running the game. The “house” does not take a cut of the bets. There is no entry fee paid to the organizer.
• Everyone plays on equal footing. Neither the “house” nor any player has the odds shifted in their favor. Everyone has an equal chance to win or lose.

Is private gambling illegal? It’s usually legal when it happens in the home of one of the participants. The weekly or twice-monthly poker game that many people participate in is a good example. Private gambling laws can also protect a private club to which you belong as long as the club doesn’t sponsor or run social gambling. Players must be 18 (in some states, the legal age may be 21).

Is gambling with your friends illegal? As a practical matter, prosecuting home poker games (where players have a strictly social connection) is rare. However, to avoid being surprised, it’s best to determine the home gambling laws in your area.

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Social Gamblings Laws by State

Is social gambling legal? Notwithstanding key federal gambling laws, not every state considers social gambling using the same criteria. If a state recognizes social gambling, it may also supplement federal or district laws with its own.

Each state has its own laws regulating a nearly infinite number of gambling activities, and they differ dramatically, especially regarding whether social gambling is legal or illegal. States’ varying positions on social gambling lead to more confusion if you plan on mixing gambling and friends at your next event.

For instance, Colorado requires a social relationship between the participants, and Connecticut says that gambling is legal if you really are friends or family (basically, that you are friends or co-workers, etc., outside of gambling). However, Iowa requires a gambling license for any individual conducting gambling activities.

State Gambling Laws

What states allow gambling at 18? Only seven states set the gambling age at 18: GA, ID, MN, MT, OK, SD, and WA. Use the table below to see where gambling is legal and which games you can play at home:

Legality of Gambling by State

Are home poker games legal in Florida? Yes, Florida is one of those states that specifically define what constitutes legal social gambling, and only games where no more than $10 might be won at a time (e.g., per poker hand) are legal.

In general, two state laws — New Jersey and New York — are examples of the most common approach to legalizing gambling with friends:

• New Jersey Gambling Laws: Social gambling is not specifically legal, but a “player” will not be prosecuted for illegal gambling. If you’re playing on the same terms as everyone else and not receiving any advantage in odds or compensation for setting up or hosting the game, you will not face criminal prosecution.
• New York Gambling Laws: Is social gambling legal in New York? NY takes the same approach as New Jersey — “players” are not subject to criminal prosecution. So, if you’re playing a social game and do not profit by running the game, you have done nothing criminal.

Is gambling among friends legal? Not everywhere. Learn how states regulate gambling. Of course, even where social gambling is illegal, we all know it goes on. Busting up the weekly poker game in somebody’s home is hardly a law enforcement priority, so in that regard, you can view social gambling in states where it is illegal as being akin to speeding — many people do it frequently, and only a small percentage are caught or punished.

Social Gambling Online

If you play cards online, is gambling with friends legal? As long as licensed gambling is legal in your state, gambling between friends is legal online. So, if you’re wondering how to play blackjack with friends without breaking the law, find a licensed website or mobile app to legally bet on card games.

In some states, social gambling laws only allow for sports betting online, while others include casino games, like free online blackjack with friends. However, online gambling using digital currency is not protected by social gambling laws since cryptocurrency is not recognized as legal tender by the U.S. government.

Case Studies: Social Gambling With Your Friends And Neighbors

Is gambling in your home illegal? These three party hosts showcase the most common game nights and events that could be subject to social gambling laws.

Case Study 1: Is playing poker with friends illegal?

John regularly hosts a poker night at his home for a group of friends. They play Texas Hold’em for small stakes, and John ensures that everyone plays on equal footing without taking any profits as the host. His poker night allows socializing and friendly camaraderie without violating any laws or risking legal consequences.

Case Study 2: Is it illegal to gamble if it’s a fundraiser?

Samantha volunteers to organize a casino-themed fundraising event for her community organization. The event is held at a private venue and includes games like blackjack, roulette, and poker. However, Samantha seeks legal advice to ensure compliance with state regulations.

Is fundraising with casino night subject to gambling laws? Samantha learns that organizing such an event may require obtaining proper licenses or permits. Samantha works closely with local authorities and follows all necessary procedures to host a successful and legal casino-themed fundraiser.

Case Study 3: Is it legal to gamble at home?

Mike hosts a regular card game in his basement, where participants play various games for substantial stakes. The game attracts players from different social circles, and Mike takes a percentage of the pot as compensation for hosting.

Mike’s basement card game violates state gambling laws that prohibit unlicensed gambling and the profiting of the host. One evening, law enforcement authorities receive a tip about the game and raid the premises, resulting in legal consequences for Mike and the participants.

Learn More: Is gambling at internet cafes legal?

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Consequences of Illegal Gambling

Can you gamble with friends and family? That depends on where you live. Gambling is potentially a risky pursuit if it is technically illegal in your state. States vary widely in whether they punish mere “players” or only the providers and what penalties they impose. Should you be grabbed by local or federal law enforcement, find a good criminal lawyer.

If you are trying to enforce a gambling debt via your court system in a state where gambling is against the law, the chances of collecting are zero since the game was illegal in the first place. Courts will not enforce debts incurred during illegal activities in no-social-gambling states, so don’t bet against mates or family members on credit or IOUs — you’ll never collect.

Legal Gambling With Your Friends and Neighbors

Is gambling between friends illegal? More than half of the U.S. has private gambling laws to protect friends and neighbors who play cards together. Other states ban or criminalize home gambling without a license.

Since reporting gambling winnings and losses on tax returns is usually required, we recommend checking the statutes in your state. Here is a brief summary of social gambling laws by state:

• Legal With Restrictions: AL, AK, AZ, CA, CO, CT, DE, FL, HI, IO, KY, LA, ME, MN, MT, NV, NJ, NM, NY, ND, OH, OR, SC, TX, VA, WA, & WY.
• Banned or Criminalized: GA, ID, IL, IN, KA, MD, MI, MS, MO, NB, NH, NC, OK, RI, SD, TN, UT, WV, WY.

Home gambling laws in Massachusetts, Pennsylvania, and Washington, D.C. are not clearly written, which likely means it’s legal since prosecution is unlikely for small stakes neighborhood games in the face of unclear law. To be safe, enter your ZIP code to speak with an attorney for free about home gambling laws in your state.

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