What does the law say about casino apps in the USA?

Navigating the online casino field in the US can seem tricky, given that each state has autonomy over the topic. But a lot of progress was made, and it is not only Nevada dominating the gambling landscape anymore in the US. At first glance, if you find a state with legal online options, it may not include online casinos. Generally, anything from the following categories can differentiate state to state: sports betting, horse racing, poker, fantasy sports, lottery and online casinos.

And even allowing online casinos does not mean all games are present. For example, while popular casino games include blackjack, roulette, slots, etc, only online poker can be legal. Nevada is a good example where online poker is legal but all other online casino games are still being implemented. Surprisingly, online Texas hold ‘em is not legal in Texas, while Alaska only allows fantasy sports online. Delaware allows everything online from the list but the lottery. In most states, the only legal way to access all online casino games is to resort to offshore trusted sites. In fact, Lucas Wallman says that although playing on real money blackjack apps is restricted in some states, you can play with offshore casinos which are based outside the US and not subject to state gambling laws without running into any risk of persecution (source: https://www.business2community.com/gambling/real-money-blackjack-apps).

The whole history of gambling in the US has been a long but progressing one. From the early beginning of the 1990s, when first outlines were introduced on interstate wagering, online gambling was in its infancy, and thus not clearly defined. But in 2006, with the UIGEA Act (Unlawful Internet Gambling Enforcement Act) and following the 2011 DOJ Opinion, was how the current state of online gambling formed in the US. Only Delaware, Nevada, Pennsylvania, West Virginia, New Jersey, Connecticut and Michigan have made it legal so far, so if you are from those states, you are in luck. In other states, offshore casinos remain the only legal option, but players are advised to check user reviews, site registrations and the legitimacy of the casinos (meaning, is it a long-running one or a freshly established business).

Online gambling generated over $6 billion, and that’s only from the states that fully legalize online gambling, which clearly shows that the market is ripe and full of potential. Illinois and Indiana are expected to join the group in 2024, while Massachusetts is launching online gambling propositions and working on the bill for the next two years. One of the main reasons for such a convoluted state of affairs are two layers of laws each player needs to look at. These are federal and state laws. Federal betting laws are universal and apply to every state in the US.

While broad, they tend to be encompassing but still have some wiggle room in which each state can choose how to interpret and apply. Some examples of state gambling laws are the PASPA (Professional and Amateur Sports Protection Act), the Interstate Wire Act of 1961, and UIGEA (Unlawful Internet Gambling Enforcement Act of 2006). State laws can go into fine detail, and each US state has the freedom to interpret federal law ambiguity. States like Arizona and Colorado have allowed sports betting while following the letter of the law, while blackjack, roulette, poker and other online casino games are still to follow.

A good example would be when PASPA was rejected, and some states have since regulated, legal and taxed sports betting, which led to a rise in budget revenue and more employment. And while online casino betting remains unavailable in some states, the future looks promising with each new state joining the group which allowed and setting an example of how the industry should become legal.

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