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Law Facts

The Legal Status of Online Gambling in the USA

Lovely Kumari
Last updated: 2023/05/03 at 12:28 AM
By Lovely Kumari Add a Comment
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Gambling is a multi-faceted activity, and it comes in many distinct forms. It’s something that has been popular historically all over the world, and it can be interesting to examine how different countries treat it in the modern day. Some, like Australia and New Zealand, have a more liberal or lenient approach towards it, while other countries can be more restrictive. The USA sits somewhere in the middle, and that does lend itself to confusion, especially as each state takes a different approach.

Contents
Where It’s LegalWhere It’s NotChanging Times and Confusion

Furthermore, the legal status of gambling is changing all the time. So, looking to where it’s legal and where it’s not can begin to give you a better understanding, even if it’s a broad one.

Where It’s Legal


When you look at sports betting in particular, you find yourself looking at a picture of the country that is mostly giving the green light. When the Supreme Court overturned PASPA in 2018, it allowed the states to regulate online gambling in their states. PASPA was a federal law introduced in 1994 that prohibited online gambling,

States like New Jersey, Pennsylvania and Indiana were amongst the first states to legalize online gambling in their states and many more followed.

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As of 2023, over 24 states have legalized online gambling in some form while many more states like Idaho, Utah, California, Alabama, Oklahoma and South Carolina could introducing referendums and ballot measures that could potentially legalize it in these states in 2024 Meanwhile, however in our opinion, this change could look more likely among states like Texas, Georgia or Vermont.

What about other types of gambling? Finding a legal online sportsbook is easier to find than legal online casino in the US. As of 2023  only 6 states have legalized online casinos

  • New Jersey
  • Pennsylvania
  • Michigan
  • Connecticut
  • West Virginia
  • Delaware

Some Americans who live in states where online gambling isn’t regulated or specifically made illegal, often visit online casinos that are based outside the US as no law exists in their state that specifically prohibits them from doing so.

This can be problematic for these people in case they need to file a complaint against these companies in case their withdrawals are denied.

State legislators are beginning to recognize this problem and see this as an argument for legalization apart from the fact that states see an increase in tax revenue after legalizing online gambling, for instance Pennsylvania generated $2.12 billion in tax revenues from online gambling in 2022.

Where It’s Not


With only New Jersey, Delaware, Connecticut, Pennsylvania, West Virginia, and Michigan proposing the legality of online casinos, that leaves forty-four states where it’s illegal; why is that? As mentioned previously, there are many parts of the world where the laws around gambling are very lax, which can lead some to question why this isn’t the case in the USA. Even looking to Canada, while a restrictive approach is adopted, online casinos are government regulated, with certain outlets being offered in various provinces.

The confusion arises from how there is no federal law making gambling illegal, leaving it in the hands of various states. With such a vast country in question, it’s understandable there would be differences of opinions, and looking at the history behind gambling here can make approaches more understandable.

Changing Times and Confusion


Times are changing, though. In a globally connected world, online casinos are going to be available regardless of where you are, and this might be seen as being more difficult to regulate. Furthermore, understanding that other countries hold a more lax approach can make it even more difficult for restrictions to be enforced. This is all underscored by the general confusion that arises from so many different laws across the country regarding gambling.

That’s not to say that these laws are immediately going to vanish overnight, but as was seen with how many states could see changes to sports betting laws in 2024, gradual shifts may be yet to occur.

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