Maryland Poker
Important MD Notes
- Adults in MD can play at offshore poker rooms legally
- No bills have been introduced for iGaming in the state
- Land-based casino gambling was legalized in 2008
- Live poker in Maryland was legalized in 2012
- Positive outlook for iGaming due to recent casino expansion
The Future of Online Poker in Maryland Considering that it is neighbours to 2 of the 3 fully regulated States in the whole country, there is hope that Maryland will soon join them in the near future. Horseshoe Casino Baltimore. The Horseshoe Casino Baltimore is a two-story casino and, at.
“Reviewed by Chuck Humphrey – 50 year Gaming Law Practitioner”
Maryland statutes prohibit gambling unless specifically permitted. Operating an online poker business in Maryland is not specifically permitted under law, and therefore deemed illegal, but it’s not specifically illegal for Maryland residents to play at regulated offshore sites. To be legal within the state, it requires the state to pass laws legalizing and regulating intrastate online poker.
Future Outlook of Online Poker in Maryland – Estimated date of legalization: 2019-2020
The following graph tracks our expected legislation of online poker in Maryland 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.
Several states will take the question of sports betting to the ballots on...
Maryland recently posted its highest ever gaming revenues, and in the month of...
Recent Activity
The state of Maryland has introduced brick and mortar casino gambling only since 2008. The legislature is preoccupied with expanding this activity rather than getting involved with online poker, but that could change soon. Currently, there have been no bills introduced or processed in the legislature with respect to online poker or other forms of online gambling. Though online poker is not on the radar at the moment, it most likely will be in the near future.
Delegate Eric Luedtke, co-chairperson of the Joint Committee on Gaming Oversight, made the following comments in an interview. “As to online poker, while I understand there is a large community of poker players interested in seeing Maryland legalize online gambling, there are a number of technical and legal issues that have not yet been adequately answered. For the time being, I would like to see the state monitor implementation of online gambling in other states and wait to see if congress addresses the issue through legislation before beginning to seriously debate legalization.” He added that he would continue to voice the interests of online poker players in the state. He pointed out four important reasons for Maryland to eventually go for online poker. These were enhancing the state revenues, ensuring player safety, catering to low budget players and the precedence in other states.
Current Gambling Laws in Maryland
Gambling laws are covered under Criminal Law in the statutes of Maryland. Title 12 “Gaming – Statewide Provisions” deals with laws that are applicable throughout the state. Title 13 “Gaming – Local Provisions” deals with laws that are applicable to specified counties or cities only.
The operative clause of Title 12 is Section 12-102[A], which states, “A person may not: (1) bet, wager, or gamble; (2) make or sell a book or pool on the result of a race, contest, or contingency;” In addition a person may not use or provide for use any property for the above activities. A person may not also participate in the organization of any gambling activity in any manner. The statement of penalty is as follows: “A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment for not less than 6 months and not exceeding 1 year or a fine of not less than $200 and not exceeding $1,000 or both.”
Section 12-101 provides some important definitions. Gaming device is defined as, “(i) a gaming table, except a billiard table, at which a game of chance is played for money or any other thing or consideration of value; or (ii) a game or device at which money or any other thing or consideration of value is bet, wagered, or gambled.” Gaming event lists some specific events, but then covers a general category by stating, “any other event at which a gaming device is operated”.
The gambling laws related to specific forms of gambling are discussed later.
History of Gambling in Maryland
Land Based Poker in Maryland
Home poker games are now legal in Maryland. On May 19, 2016, Governor Larry Hogan signed a bill (HB 127) to legalize this activity and it went into effect on October 1, 2016. This bill allows for up to $1,000 to be on the poker table at anytime.
Senate Bill 184[B] and House Bill 59[C] which were both introduced in February 2015 aimed to effectively legalize home poker games by decriminalizing playing in and hosting home poker games. The caveat being that hosts could not benefit from the game financially. However, these bills did not pass.
Charitable gambling in Maryland is restricted to raffles. Therefore, charity poker tournaments are illegal.
Live poker was illegal in Maryland, even at the licensed casinos, till November 2012. In the referendum Maryland residents voted in favor of table games being introduced at the licensed casinos. Maryland State Lottery and Gaming Control Agency then formulated the required regulations and some of the casinos introduced live poker in 2013. Maryland Live! Casino in Anne Arundel County was among the first ones to offer live poker in April 2013.
Gambling Laws in Maryland
Maryland has always been known for horse racing. It is home to one of the most popular races in the United States, the Preakness Stakes. The state lottery was established in 1972. Casino gambling is relatively new and brick and mortar casinos have opened only after 2008. Charitable gambling is also permitted on restricted basis.
In the 1940s, counties in Maryland were given the option to legalize slot machines if they so desired. Several counties exercise this option. Soon a two-mile stretch of U.S. 301 from Waldorf to the Potomac River Bridge came to be known as Little Vegas[D]. Then in 1963, slot machines were banned throughout the state and all forms of casino gambling became illegal.
In November 2008, 58% of the state voters supported a referendum[E] that would permit five casinos offering only slot machines. They are Maryland Live! in Anne Arundel, Hollywood Casino in Cecil, Ocean Downs in Worcester and Rocky Gap Casino Resort in Allegany Counties. Horseshoe Casino in Baltimore City opened on August 27, 2014 which had 15,000 visitors on its opening day, 5,000 more people than anticipated.
In November 2012, another referendum was held which is known as Gaming Expansion Referendum[F]. It sought to add one more casino at Prince Georges County, increase the number of slot machines permitted and introduce table games and the licensed casinos. After one of the most expensive promotional campaigns[G] in the history of the state, in which over $90 million was spent by both proponents and opponents, Maryland voted in favor of the referendum by only 52%. The new $1.4 billion MGM casino opened on December 8, 2016. The existing casinos have begun to offer table games like roulette, blackjack and poker.
In 2008, the Maryland State Lottery Control Agency was renamed Maryland State Lottery and Gaming Control Agency[H] and given oversight of casino gambling.
Section 12-107 (1) of the Maryland Criminal Law code prohibits pari-mutuel betting, but section 12-107 (2) exempts pari-mutuel betting conducted under the Maryland Horse Racing Act. The Maryland Racing Commission was created in 1920 and assumed oversight of all horse racing in the state from local authorities. The Maryland Racing Commission[I] oversees and regulates both the harness and thoroughbred horse racing industry in Maryland. This includes Maryland’s four off-track betting sites in Frederick, Cecil, and Charles counties.
The Pimlico racetrack was opened in 1870 in Baltimore. The first Preakness Stakes was run there in 1873. It is the second leg of the American Triple Crown thoroughbred racing. The other racetracks for thoroughbred racing are Laurel Park, Timonium Race Course and Fair Hill Races. Harness racing is conducted at Rosecroft Raceway and Ocean Downs.
12-105 (b) prohibits gambling on (1) a vessel or a part of a vessel on water within the State, except as provided in Section 6-209 of the Transportation Article; or on (2) all or a part of a building or other structure that is built on or over water within the State, if the building or other structure cannot be entered from the shore of the State by a person on foot.
Section 6-209 of the Transportation Article states that the Administration may permit gaming aboard a passenger cruise vessel if it has overnight cabin accommodations for at least 300 passengers, is operated by an authorized cruise ship operator certified under the International Convention for the Safety of Life at Sea and has obtained the required authorization.
The section further requires that gaming can be authorized on the waters of the State only while the vessel is underway, is east of the Francis Scott Key Bridge and is operating under an itinerary that either originates or terminates in a foreign port outside the continental United States. The section makes it clear that authorization under this section cannot be issued for a vessel on an excursion undertaken solely for gaming purposes even though the vessel may leave the territorial waters of the United States during the excursion. However, casino cruises are advertised from Baltimore.
An article in Maryland Politics Watch[J] states that in 1958 Maryland banned gambling on rivers by making it illegal to, “to operate slot machines in a structure which could not be reached on foot from the Maryland shore.” This was to stop Maryland operators running slot machines on piers on the Potomac River.
The state legislature authorized the creation of a state lottery in 1972 under Title 9, Subtitle 1 of the State Government Article, and it began business under the oversight of the Maryland State Lottery Agency in 1973. Maryland Lottery[K] conducts local draws and also participates in the national Powerball and Mega Millions draws. No other party is permitted to conduct lotteries in Maryland as per sections 12-201 to 12-203 of the criminal code.
Raffles are dealt with under Section 12-106 of the Maryland criminal code. Bona fide charitable organizations may conduct a raffle for the exclusive benefit of the charitable organization if the prize awarded is real property to which the charitable organization holds title or for which the charitable organization has the ability to convey title. The Secretary of State can formulate regulations governing raffle operations.
A political committee or candidate for public office may conduct a raffle if the prizes awarded are money or merchandise subject to certain conditions. Maryland counties can also authorize various kinds of raffles under Title 13 relating to local provisions of gambling.
Author:Joseph Falchetti (twitter)
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References and Citations
Although there are no laws strictly prohibiting online poker in Maryland, it is forbidden to host live poker tournaments. Home poker games and online poker are not regulated in the state however, but are also not illegal. The Maryland online gambling laws are non existant and the other ones do not mention online poker in any way, just like other USA online poker laws.
Whilst the playing of online poker isn’t considered to be illegal the wagering or betting (gambling in general) is considered a misdemeanor in Maryland. There are no authorized poker sites for players in Maryland in regards to the law though there are online poker sites that do accept players from the state of Maryland.
Why should you trust these sites? Well, we're going to get into that more below plus get into some of the common questions that Maryland residents have when it comes to starting out. This page is going to prepare you to go into the online poker world with confidence in the fact that you are not going to get into any trouble when playing poker on the web in Maryland.
How To Play Legal Online Poker In Maryland
If one comes across an online poker site that is willing to accept players from the state of Maryland, there are one or two procedures a player a must check first before playing at said site. Firstly, a player must make certain that their computer is secure, and is not susceptible to online hacking by fraudsters.
One must also make certain that the online poker site you are planning on playing at accepts payment methods via other means than credit cards and bank transfers. Under federal law, bank transactions made for gambling are illegal; e-wallets however are not.
Are There Legal Online Poker Sites That Accept Maryland Residents?
Of course, whether or not a player situated in the state of Maryland depends on the poker site they intend to play at. This is true not just of Maryland though, but of all states and indeed all countries. Every online poker site has its own rules about who may or may not play there; but yes, there are some online poker sites that are more willing to accept players from Maryland, provided that they are above the minimum age required by the website, which is generally set to eighteen years of age in most cases.
Helpful Pages: List Of USA Online Poker Sites
Is Online Poker Legal in Maryland?
Again, although there are laws prohibiting live poker in the state of Maryland, there are no such laws prohibiting online poker or home poker as such. Similarly, whilst there is nothing to say that online poker is illegal, there is also nothing in the statues that dictate that online poker is legal either.
Although it is considered a misdemeanor to gamble in the state of Maryland, nobody has ever been prosecuted for doing so. Theoretically then, if there is no law either for or against online poker in Maryland, then as long as the poker site is permitting you to play; little harm can come of it.
Helpful Article: Is online poker legal for US players to play online?
What Do The Online Poker Laws In Maryland Say?
The laws concerning gambling in Maryland, particularly poker are strictly there to ensure that no poker businesses are set up. By this it means that the law dictates that there are no licensed poker rooms permitted in the state.
Maryland Poker Clubs
There are no such laws governing online poker, and poker played at home isn’t considered against the law if it is private between friends. On that rationale then, there are few laws to stop you from playing online poker in Maryland.
Online poker is not regulated anywhere in the United States, so there are no laws to regulate online poker either. There are however Federal laws to ensure that banks are not permitted from transferring money to and from poker sites and players. Maryland banks tend to take these laws seriously and sometimes players have more difficulty when depositing than those living in more poker-friendly states.
Regulation Of Legal Online Poker In Maryland
Maryland Poker Online
There is no official nationwide regulation of online poker in the United States, at least at present... Maryland included. In the future, with the alteration of each state’s gambling laws, the federal government could be forced to pass a law for online poker, but no such law permitting the game or regulation of the game in Maryland exist at the minute.
But with all that said, many states are already in the process of regulation online gambling, poker included, and many other states are considering legislation which allow for the regulation/legalization. Maryland being the state that it is, it probably will not be long until they are one of the states with regulation on the agenda.
For now, the online poker sites which accept Maryland residents are regulated however by independent auditors based abroad. These independent auditors ensure that everything with the online poker site is above board, and that they use random number generators to make online poker playing fair. As long as the online poker sites are being regulated by third parties, there can be no cheating on the sites.
Best Online Poker Sites That Accept Maryland Residents
There are a number of online poker sites that you can play poker at that offer their services to players based in Maryland. However, without a law stating that online poker is either legal or illegal, there is no such place that is definitively legal or illegal.
Certain technicalities will permit you to play online poker in Maryland, provided that you are above the legal age for gambling that the online poker site demands, and that you find an alternative means to deposit and withdraw money to and from the online poker site, because bank transfer between gambling sites and players are illegal. There are many e-wallets and alternative payment methods to enable you to achieve this that are commonly accepted by online poker sites.
BetOnline is one of the few online poker sites that do permit players from Maryland to play and you can learn more about this website by reading our short review we've laid out below:
BetOnline have been in operation in the United States since 1991, and for over twenty years they have survived intact without being shut down, particularly during the harsh anti-gambling laws in the last decade.
Based in Panama City, Panama; BetOnline offers an online poker site to players based in Maryland and they have all of the features an online poker player will need. Their software is downloadable directly to your PC or Mac laptop or computer, and they offer entertaining tournaments and free rolls to their players every hour. Rather ironically, the motto of BetOnline is “because you can.”
Final Thought About The Maryland Online Poker Laws
Maryland Poker Championship
Although it is often credited as being a harsh state for poker, one must remember that this anti-poker law applies to live poker only. Without such laws either for or against online poker or home poker, Maryland can actually be seen as quite liberal and a fair place to play online poker if you reside there.
Players should have few difficulties in getting to play poker online, considering the lack of any regulation or laws for the online game. With land based poker considered a misdemeanor, and nobody ever having been prosecuted for playing online poker in the state, it is highly unlikely you are going to be reprimanded; and with the gambling laws all being amended across the country, before long online poker in the state might become legal anyway.