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While video poker involves a great deal of skill, it also involves luck too.
And the luck factor is why it’s classified as gambling across the world.

As with any other form of gambling, video poker is subject to different laws
across various states and countries.

Because laws vary depending upon where you live, it can create confusion as
to whether you’re allowed to play real money video poker.

That said, let’s cover everything you need to know about the subject,
including the following:

Class II vs Class III Video Poker

Many states in the US offer legal video poker options. But one very important
distinction between states is whether they offer Class II or Class III video
poker.

What’s the difference?

Let’s take a look at the differences, including how Class II video poker
operates like a bingo game.

Class II Gaming

The US federal government passed the
Indian
Gaming Regulatory Act (IGRA) in 1988. The IGRA requires that each state
negotiate legal casino gaming with Native American tribes in “good faith.”

If states and tribes agree to a pact, all casino gaming must take place on
reservations. Another key point is that Native American casinos are relegated to
Class II gaming – unless negotiated otherwise.

Class II gaming mainly consists of bingo, whether electronic or played
through physical cards. Other Class II gaming includes non banked card games,
pull tabs, punch boards, and tip jars.

Bingo is the key here because Class II video poker machines operate like
bingo drawings.

Balls are drawn (electronically) to determine winning patterns on the virtual
card. In turn, these winning patterns decide whether or not you win a prize on
any particular spin.

Prizes are predetermined, and the odds and payouts correspond with what you’d
expect from a standard video poker game. Class II machines don’t have paytables,
but the payouts are close enough to what a typical video poker paytable offers.

Assuming you don’t know anything about video poker strategy, one thing you’ll
appreciate is how you can’t make mistakes. Instead, if the game predetermines
that you’re getting a full house, then you can’t mess this up.

Let’s look at an example:

• You’re dealt: Jd Js Ad Ac Qd
• You have a two pair, and three cards to a royal flush.
• You throw away the Js and Ac to chase a royal flush.
• This is a strategy mistake because a two pair is valued higher
  than 3 cards to royal flush.
• If the game has predetermined that you’ll receive a two pair,
  it’ll correct your move and award you accordingly.

Class III Gaming

Class III gaming is the style that you see at commercial (state licensed)
casinos. Native American casinos can also offer this type of gaming, but they
need to receive approval from state legislators and/or voters first.

A Class III video poker machine operates through a random number generator
(RNG), just like a slot machine.

An RNG cycles through millions of number combinations to determine the
results of a hand. This ensures that all results will be completely random and
independent of the last.

Besides how results are determined, Class III machines differ from Class II
style games in a couple major ways:

• They have a paytable.
• Your strategy matters.

The paytable is always present with a Class III gaming machine, which is nice
because you can see the exact prizes available.

As for strategy, every decision you make has an impact on your chances of
winning. If you make a mistake, then it lowers your long term expected value
(EV).

Here’s an example:

• You’re dealt: 9d Kh 3d 9c Qd
• You keep Kh and Qd.
• The correct decision is actually to hold 9d and 9c because they give you
  both 3 pair and quads potential.

This isn’t to say that you can’t still win with Kh and Qd – in fact, it may
turn out even better. But your EV is higher when keeping the pair of 9’s in this
situation, making it the right strategy play.

What US States is Video Poker Legal

Now that we’ve covered the differences between Class II and III gaming, let’s
discuss what type of video poker (if any) each state offers.

• Alabama

  One theme you’ll notice in this section is that the American South is
  generally against gambling. The same holds true for Alabama, which only features
  a few tribal casinos and one racino.

  All of these casinos are relegated to Class II gaming, including video poker.

• Alaska

  The Last Frontier is also one of the last places that you want to be as a
  gambler.

  Alaska has no legal commercial or tribal casinos. This also means that you
  won’t be able to find a single legal video poker machine in the state.

  They do allow for charitable bingo and pull tab games. But these are of
  little benefit to video poker players because there are no tribal casinos to
  operate Class II video poker machines.

• Arizona

  Although not traditionally known as a great gaming destination, Arizona has
  19 tribal casinos – all of which can offer Class II and III gaming.

  This means that you’ll find standard video poker machines that operate based
  on RNGs.

• Arkansas

  The Land of Opportunity was once one of the biggest gambling havens in the
  US. But they eventually outlawed most forms of gaming.

  Today, you’ll find two racinos that offer what are dubbed “electronic games
  of skill.”

  Although not 100% like video poker, these games see you exercise skill in
  trying to win the most money possible.

• California

  While California doesn’t offer commercial casinos, they have 58 tribal
  casinos serving their massive population of 39.14 million people.

  In 2000, the state amended their constitution to allow for Class III style
  gaming and regular video poker games.

• Colorado

  Colorado is one of the most liberal states, as evidenced by the fact that
  they were the first to legalize recreational marijuana use.

  It’s no surprise that they’re also liberal with casinos too, with 38
  commercial gaming establishments found throughout the state. This means you’ll
  never be far from a video poker machine in the Centennial State.

• Connecticut

  Foxwoods Resort and Mohegan Sun are the only two casinos in Connecticut. But
  these are also two of the largest casinos in the United States.

  Both establishments can offer Class III gaming, and you’ll find a large
  amount of video poker games in Foxwoods and Mohegan Sun.

• Delaware

  The Diamond State is home to three racinos, including Dover Downs, Dover
  Downs Hotel & Casino, and Harrington Raceway & Casino.

  These venues are licensed to offer a wide variety of gaming, including video
  poker.

• Florida

  The Sunshine State is home to 2 commercial casinos, 8 tribal casinos, and 25
  racinos. This gives you a number of Class II and Class III gaming options
  throughout Florida.

• Georgia

  Georgia, another southern state, only has one legal casino option – a cruise
  ship that heads out into international waters.

  You can enjoy legal video poker aboard the Emerald Princess Casino Cruise
  once you’re out to sea. But you can’t play the game anywhere else in the Peach
  State.

• Hawaii

  Along with Utah, Hawaii is the only state that doesn’t allow any type of
  gaming. This means no video poker or any other casino games.

• Idaho

  Idaho features 7 tribal casinos and 8 racinos, both of which can offer Class
  II video poker machines.

  Tribal gaming interests have made attempts in the past to get Class III
  gaming legalized. This includes the Coeur d’Alene, the Kootenai, and the Nez
  Perce tribes, who, in 1992, fought to get state laws amended.

  But Idaho’s government – not wanting to go against their largely conservative
  beliefs – blocked these Class III gaming efforts. The Coeur d’Alene later
  attempted to establish a poker room in 2014, but they were ultimately
  unsuccessful here too.

  Looking back on these events, it doesn’t seem that Idaho will change their
  stance on Class III video poker any time soon.

• Illinois

  In 1990, Illinois legalized riverboat gaming. Since then, 10 riverboat
  casinos have sprung up around the Land of Lincoln.

  These casinos offer Class III games, and you’ll have numerous video poker
  options in Illinois.

• Indiana

  The Hoosier State has gradually seen their number of casinos increase over
  the past few years. They now feature 11 commercial casinos – all with Class III
  video poker.

  They also feature two racinos, including Hoosier Downs and Indiana Downs,
  both of which have over 2,000 machines.

• Iowa

  The Hawkeye State was a pioneer in the riverboat gaming industry, legalizing
  the activity in 1989.

  They now feature 14 commercial casinos and 3 racinos. All of these
  establishments are allowed to offer Class III style gaming.

• Kansas

  In 1995, Kansas and four tribes signed pacts so the latter could open Class
  II gaming facilities. In 2016, the state passed legislation to create four
  state licensed casinos and to allow electronic gaming at racetracks.

  Today, Jayhawks can enjoy video poker machines at a variety of gaming
  establishments.

• Kentucky

  Well known for the Kentucky Derby and other thoroughbred racing, the
  Bluegrass State makes every effort to protect their lucrative racing industry.

  This includes banning commercial and tribal casinos. Unfortunately, this
  leaves Kentuckians without any land based video poker options.

• Louisiana

  Other than Nevada, the Bayou State is the only other place in America where
  casino gambling is legal throughout the entire state.

  That said, you have 16 commercial casinos, 4 racinos, and 4 tribal casinos to
  choose from.

• Maine

  The Pine Tree State has one commercial casino in Hollywood Slots, and one
  racino in Scarborough Downs. This leaves Main residents with two places where
  they can play video poker.

• Maryland

  The Terrapin State has really ramped up their casino gaming industry since
  they now feature 6 commercial casinos.

  You can play video poker at Horseshoe Casino Baltimore, Horseshoe Casino
  Perryville, Grand Falls Casino Resort, Maryland Live!, MGM National Harbor, and
  Rocky Gap Casino Resort.

• Massachusetts

  Currently, Plainridge Racecourse is the only place where you can play video
  poker. But Massachusetts has issued casino licenses to MGM and the Wynn, while
  Penn National received a slots only license.

  MGM was scheduled to open in the summer of 2018, and the Wynn is scheduled to
  launch in the summer of 2019.

• Michigan

  The Great Lake State features multiple casinos in the Detroit area, along
  with tribal casinos sprinkled throughout the state. This means you’ll have more
  than enough video poker options in Michigan.

• Minnesota

  Minnesota has a thriving casino gaming market that includes 19 tribal
  casinos.

  Whether you can play Class II or III video poker machines depends upon the
  casino. Some tribes have different compacts with the state government than
  others.

• Mississippi

  The Magnolia State was famous for their widespread riverboat gambling in the
  nineteenth century. Today, Mississippi is still a gaming haven, thanks to their
  17 casinos.

  This is a large casino industry when considering that Mississippi has just
  2.92 million people and isn’t a tourist magnet. It also means that you won’t
  have any trouble finding video poker here.

• Missouri

  Like Mississippi, the Show Me State also had a thriving riverboat gaming
  industry in the nineteenth century. They passed legislation in 1990 that
  reopened their casino industry, and they now have 13 casinos today.

  This offers Missourians a wide range of spots where they can play video
  poker.

• Montana

  Big Sky Country has an insane number of charity gaming establishments, with
  over 292 spread across the state. Montana also has a few tribal casinos that
  offer Class II gaming.

• Nebraska

  The Cornhusker offers Class II video poker machines in tribal casinos, bars,
  nightclubs, and pari mutuel facilities.

  Nebraska is really conservative, so we don’t look for them to add Class III
  gaming any time soon. But the good news is that you won’t have trouble finding
  Class II options because the state features 13 tribal casinos.

• Nevada

  Home to over 320 casinos, the Silver State is the mecca of video poker.

  What’s truly exciting about Nevada is that you can find games that offer over
  100% payback, including full pay Deuces Wild (100.76% payback) and 10/7/5 Double
  Bonus (100.17%).

  This is especially the case in Las Vegas, which has the largest concentration
  of video poker machines. Searching the site vpFREE2.com will help you narrow
  down where the best video poker games are in Vegas.

• New Hampshire

  While there’s been a push to legalize commercial casinos in New Hampshire,
  nothing has happened yet.

  This means that your video poker options are void in the Granite State,
  although there’s promise on the horizon.

• New Jersey

  While Atlantic City is the only place you can enjoy casino games in New
  Jersey, it features some impressive casinos. This includes the Borgata, Caesars,
  Tropicana, and others.

  You won’t have trouble finding video poker in Atlantic City. And we suggest
  that you start with Caesars Atlantic City, where you’ll find a Joker Wild Double
  game that pays back 99.91%.

• New Mexico

  The Land of Enchantment has a unique relationship with its tribes, whereby
  the latter pays 26% of its gaming revenue to the state.

  This revenue sharing deal motivated New Mexico to amend their agreement with
  Native American Casino in 2001. The key element of this revamped tribal gaming
  pact is that casinos can offer Class III gaming.

• New York

  New York is known first and foremost for their lottery since it generates
  over $9.7 billion annually. But they also have a strong casino industry that
  includes 4 commercial casinos, 7 racinos, and 9 tribal venues.

  The commercial casinos, racinos, and tribal casinos owned by the Seneca
  Nation can offer Class III video poker. All other gaming facilities offer Class
  II gaming.

• North Carolina

  North Carolina has an interesting history with video poker.

  They used to allow video poker machines at bars and restaurants in limited
  capacity. But in 2006, a report surfaced that over
  20,000 illegal machines were found throughout the state, compared to just
  10,000 legal and registered games.

  This resulted in the state banning video poker machines at bars and
  restaurants.

  Luckily, you can still find these games at Harrah’s Cherokee Casino and
  Harrah’s Cherokee Valley Casino – both in the western part of the state.

• North Dakota

  The Roughrider State has 6 tribal casinos that offer Class II gaming,
  including video poker machines.

  They currently have proposed legislation (SB 2221) that would allow for 10
  racinos across the state. Seeing as how the state doesn’t offer Class III
  gaming, the proposed racinos would generate results via horse races.

• Ohio

  The Buckeye State voted against casino gaming twice (1980 & ’90) and against
  riverboat gaming once (1996). But they finally approved four commercial casinos
  in 2009, followed by racinos in 2011.

  Today, Ohio features 4 commercial casinos and 7 racinos – all offering Class
  III video poker.

• Oklahoma

  The Sooner State has a truly massive tribal gaming industry, with 126 casinos
  spread throughout its 69,887 square miles.

  Oklahoma and their Native American casinos have a strong relationship because
  the latter pays exclusivity fees. Tribal casinos here are allowed to feature
  both Class II and III video poker.

• Oregon

  The Beaver State isn’t a well known gaming hub, but they do have 7 tribal
  casinos. And what’s nice for video poker players is that these establishments
  offer both Class II and Class III gaming.

  The State’s largest casino is Spirit Mountain, which features over 2,000
  gaming machines.

• Pennsylvania

  Up until 2004, Pennsylvania only had racetracks and a lottery. But this
  changed with the Racehorse Development and Gaming Act, which allowed for
  casinos, racinos, and slots parlors.

  Now, the Keystone State features 12 casinos, all of which offer Class III
  video poker.

• Rhode Island

  The Ocean State has been slow to embrace casino gaming, finally legalizing
  slots parlors in 2012. This has enabled the Newport Grand and Twin Rivers
  Casinos – former pari mutuel betting venues – to help keep gambling tax dollars
  in state.

• South Carolina

  The Palmetto State has fairly tough gaming laws since they don’t allow
  commercial or tribal casinos on mainland. In 2003, voters rejected a tribal
  gaming compact to ensure that the status quo remained.

  The only place where you can play video poker is at the Big M Casino cruise
  ship, which must depart for international waters.

• South Dakota

  Home to Deadwood, the infamous gold mining town where “Wild” Bill Hickock was
  shot during a poker game, South Dakota still has a thriving gaming industry
  today.

  The Mount Rushmore State features 10 commercial casinos and 9 tribal casinos.
  These are spread out across South Dakota’s 78,116 square miles, meaning you can
  find video poker all over.

• Tennessee

  While Tennessee allows daily fantasy sports and pari mutuel wagering, they
  have banned commercial gambling and don’t have any tribal casinos.

  This means that you’ll need to head south to Mississippi, or west to Missouri
  to find video poker machines.

• Texas

  The Lone Star State has gambling options, but they’re hardly enough to cover
  a land spanning over 268,000 square miles.

  Texas offers 2 Class II gaming facilities in the Kickapoo Lucky Eagle and
  Naskila Entertainment.

• Utah

  As mentioned with Hawaii, Utah doesn’t allow any form of gaming.

  The Beehive State is unlikely to change their anti casino laws because their
  majority population is made up of conservative Mormons.

• Vermont

  The Green Mountain State is tough on gaming. They only legal and available
  form of gambling offered here is the state lottery.

  Horseracing and tribal gaming are also legal in Vermont. But the catch is
  that there are no active tracks or Native American tribes with the state.

• Virginia

  Virginia is one of the least tolerant states towards casino gaming, given
  that they don’t have any casinos.

  This leaves residents of the Old Dominion having to travel to neighboring
  Maryland or Delaware for video poker action.

• Washington

  The Evergreen State’s gaming industry is dominated by tribal casinos. These
  venues can offer a mixture of Class II and Class III gaming, meaning you’ll be
  able to play video poker one way or the other.

• West Virginia

  The Mountaineer State has 4 racinos, all of which offer Class III machines.
  Guests of the Greenbrier Resort can also play casino games, giving video poker
  players a fifth option in West Virginia.

• Wisconsin

  Wisconsin has 32 tribal casino, and all can offer Class III gaming. This
  gives residents of the Badger State almost 17,000 gaming machines to choose
  from, including a good deal of video poker.

• Wyoming

  The Cowboy State features three tribal casinos, including the Little Wind
  Casino, Shoshone Rose Casino, and the Wind River Casino.

  These are all Class II gaming facilities, so your video poker action will be
  based on chance. 18 year olds can play in these venues because no alcohol is
  served in Wyoming’s casinos.

Legal Online Video Poker in the US and Other Countries

Online gaming has been a murky subject in many parts of the world since it
began in the mid 1990s.

More states and countries are regulating the matter as time goes on. But this
still leaves a lot of questions regarding online video poker and other games.

Let’s take a look at key issues regarding the US internet gaming situation,
as well as what you can expect from other countries too.

Offshore Online Casinos – Operating in a Legal Gray Area

One common myth about internet gaming is that it’s illegal across the US. And
one reason for this is the
Unlawful Internet Gaming Enforcement Act (UIGEA), which prevents banks for
accepting online gaming transactions.

But the idea that iGaming is illegal across America is false. In fact, most
states have yet to offer any definitive stance on whether they think online
gaming is illegal or not.

This leaves internet video poker and other casino games in a legal grey area.
And offshore casinos have stepped in to fill this need for many Americans.

Most offshore casinos are located in Antigua & Barbuda, Costa Rica, Curacao,
and Panama.

All of these places offer licenses to online gaming sites, but it’s up to the
companies themselves to remain reputable.

The good news is that most offshore operations are honest because they won’t
receive much repeat business otherwise.

The bad news is that there are some bad apples in the bunch, and these
casinos face little repercussion. Some offshore sites are slow to make payouts
and/or poor at handling customer service issues.

This is why it’s best to check out reviews on offshore casinos before you
sign up and deposit anywhere.

Currently, we count over 40 states that are regularly served by offshore
sites. This means that most Americans will have no trouble playing legal
internet video poker.

Where is Online Video Poker Legal in the US?

Delaware, New Jersey, and Nevada are the only states that have regulated
online gaming at this time.

This means that iGaming sites must be approved and licensed to operate in
these three states. Meanwhile, offshore casinos are shut out of these places

Video poker players can ignore Nevada because their market only features
poker games like Texas holdem, Omaha, and 7 card stud.

This leaves Delaware and New Jersey as the only American states with
regulated video poker.

Texas Poker Wpt

The obvious downside is that this covers less than 3% of the US population.
The upside is that you can guarantee any site operating in these jurisdictions
is held to the highest standards regarding fair gaming and customer service.

If you wish to play video poker in New Jersey or Delaware, you need to be
within their state lines so their geolocation software picks you up. From here,
you just need to visit a licensed gaming site and make a deposit or play for
free.

Where is Internet Video Poker Illegal?

While most states are in the grey area regarding iGaming, others have banned
the activity in their penal code.

Washington is the worst state because they make it a Class C felony to play
at online casinos and poker sites. The good news, though, is that the Evergreen
State has never prosecuted anybody on the matter

Louisiana is another state that’s tough on internet gamers. First time
offenders face a $500 fine and up to six months’ imprisonment.

Utah, which bans every form of gaming, includes a section (76 10 1102) in
their penal code that claims online gaming is illegal. But the Beehive state has
yet to take action against anybody.

Hawaii – the other state that bans everything – includes an excerpt noting
that its residents are “prohibited from visiting offshore gaming sites and
opening accounts.” Again, though, nobody has been prosecuted on the matter.

Other states like Maryland and Kentucky have taken legal action against
offshore gaming sites. Kentucky even went as far as to try and seize the domain
names of 141 offshore iGaming sites in 2008.

For this reason, many offshore casinos take every step to avoid the Bluegrass
State.

Australia Video Poker

Tired of topping
per
capita gambling lists, Australia passed the Interactive Gambling Amendment
Bill 2016, which effectively bans iGaming.

This legislation imposes stiff daily fines on any company caught offering
online casino games to Aussies. That said, it’s no surprise that every
unlicensed provider has exited the Land Down Under.

Canada Video Poker

The Great White North is much like the US in that they don’t have clear
federal guidelines on internet gaming.

The clear portion of their law states that it’s illegal for unlicensed
Canadian companies to offer iGaming. They must be licensed by a provincial
government, which we’ll discuss in a moment

The grey area is whether or not offshore casinos can offer their services to
Canadians. Going further, there’s no law against a Canadian using offshore
gaming sites.

As for provincial governments, they can decide whether or not they want to
offer licensed and regulated online gaming. This all combines to make Canada
just as confusing for an internet video poker player as the US.

France Video Poker

France offers a nationally regulated online gaming market, which is overseen
by ARJEL.

They legalized and regulated iGaming in 2010. Since this time, online gamers
have been able to play at licensed and regulated sites.

Germany Video Poker

Germany’s online gaming market was a grey area up until 2008, when the
country banned all iGaming except for horse racing.

In 2012, the country introduced the Interstate Treat on Gambling (ISTG) after
the European Court of Justice. The ISTG allows private companies to offer
iGaming to all Germans except those living in Schleswig Holstein, a state which
opted out

A newly elected governing party threw out the legislation, and the country
now issues licenses to international gaming companies. Long story short, Germans
have access to video poker and other online casino games.

New Zealand Video Poker

New Zealand has some of the world’s clearest gaming laws. The Gambling Act of
2003 explains what activities are legal and illegal – with most local gaming
sites being illegal.

The good news for Kiwis who want to play video poker is that the Gambling Act
doesn’t ban residents from playing at offshore sites.

Spain Video Poker

In 2012, Spain set up a licensed and regulated online gaming industry.
Licenses are awarded by the Spanish National Gaming Commission, which reviews
companies to see if they qualify.

Several big name online casinos operate in Spain, offering many opportunities
to video poker players.

UK Video Poker

The UK features a completely licensed gaming jurisdiction that’s overseen by
the UK Gambling Commission.

Any gaming site that enters the UK must pass strict requirements. This means
that you can have high confidence in any site you play video poker at when in
the UK.

Conclusion

One of the toughest things about playing video poker is finding a legal and
reliable spot to play.

As we covered with the US states, gambling legality varies greatly depending
upon where you go. Louisiana and Nevada feature legal casinos all over the
state, while Hawaii and Utah ban every form of gaming

Many other states fall somewhere in between, offering a mix of commercial
casinos, slots parlors, and/or tribal casinos.

The catch with tribal casinos is that most feature Class II video poker,
which is luck based instead of skill based. These games predetermine your
results, so you’ll be corrected even when you make a strategy mistake.

We’re personally not big fans of the machine lending a helping hand. After
all, one of the biggest attractions to video poker is that it involves
stimulating strategy.

Ideally, you’ll live near an online casino that features Class III video
poker. Commercial casinos are the best place to start, while some tribal casinos
also have Class III gaming.

If you don’t live near a casino with video poker games, you can also visit
online casinos.

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Most people have access to video poker options – either legal or
offshore casinos. And hopefully, you have an option available that you’re
comfortable with.

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