In particular, federal preemption has obstructed states’ attempts to regulate gambling activity on Indian reservations within state borders. The federal Indian Gaming Regulatory Act, 25 U.S.C. § 29 , governs gambling activity on Indian reservations, but the extent to which it and other federal gambling laws preempt state action in the Internet arena is uncertain. The Department of Justice maintains that, under the Wire Act, all Internet gambling by bettors in the United States is illegal. House of Representatives Committee on the Judiciary Hearing on Establishing Consistent Enforcement Policies in the Context of Online Wagers, 110th Cong., Nov. 14, 2007 (testimony of Catherine Hanaway, U.S. Attorney (E.D. Mo.), Dept. of Justice). The Fifth Circuit disagreed, ruling that the Wire Act applies only to sports betting, not other types of gambling.
Gambling establishments are one of the areas where the laws are somewhat different. Close to thirty states in the U.S. have these tribal reservations who choose to run casinos on their land. Gambling, in various forms, has often been one of America’s favorite pastimes.
Popular support is on sports betting’s side, but it’s not clear if that’s enough to overcome entrenched anti-gambling sentiment in the statehouse. The good news is the 2021 push gives proponents a head start for another chance during next year’s session to put a legalization question on the 2022 ballot. Tennessee is also the only state that makes the operators return a 10% hold. Since the typical hold, which is the percentage of the total bets taken in that the books hold on to, is around 5-7% in most states, making sure that 10% is held could mean that bettors within the state will get worse odds. Lawmakers repealed an in-person mobile registration requirement, but the small population and lone legal option keep revenues small, despite Rhode Island’s proximity to Connecticut and Massachusetts.
“Rake” means a set fee or percentage of the pot assessed by a cardroom operator for providing the services of a dealer, table, or location for playing the authorized game. “Gross receipts” means the total amount of money received by a cardroom from any person for participation in authorized games. Notwithstanding any other provision of law, it is not a crime for a person to participate in a game described in this section if such game is conducted strictly in accordance with this section. Seizure and forfeiture of property used in the violation of lottery and gambling statutes. State law that governs bingo games, organizations authorized to conduct bingo games, and licensing requirements.
The new law — like Tennessee’s — allows for statewide mobile sports betting without any tether to a brick-and-mortar casino. Legal sports betting in Michigan commenced on March 11, 2020, with two Detroit-area casinos launching on the same day. The move came less than three months after Governor Gretchen Whitmer signed the “Lawful Sports Betting Act” into law. The new law provides for wagering on a wide variety of sports, including college contests. On Aug. 30, 2018, West Virginia became the fifth state to offer legal and regulated sports betting when the Hollywood Casino — a sportsbook owned by Penn National — opened its doors. The move came six months after the West Virginia legislature passed a new bill with the West Virginia Lottery Commission serving as the chief regulator.
Additionally, offshore operators tend to come up short in promoting responsible gambling. BettingUSA.com strongly encourages gamblers to wager at licensed US betting sites. Twelve US states have passed legislation authorizing online lottery sales, and third-party lottery ticket couriers such as Jackpocket operate in up to 12 additional jurisdictions. Jackpocket and other services like it are actively expanding their reach as they confer with local regulators for approval. This all goes to explain why we have a page dedicated to the betting laws of every US state. What’s legal in one state may be outlawed the next state over, so we like to provide that information on a state-by-state basis.