Nevada has started reviewing a number of online poker applications. Meanwhile, Colorado has also decided that it is going to be joining the possible movement to legalize online gaming. Casinos throughout the state have started drafting an online poker bill. The bill will probably not make its way through the Senate until 2012. Slots, blackjack and video poker have been legal to play at casinos in a trio of Colorado mountain towns since 1991. But this spring, gamblers will have a variety of new ways to wager when sports. Colorado Online Poker Laws Colorado is one of the trickier states to unravel when it comes to online poker laws. On the one hand, prohibition is aimed at operators and service providers, not players. On the other hand, there are state issued documents that express point-blank that “internet gambling is illegal under state and federal law.”.

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• Online Poker Legislation Colorado 2019
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Online poker in the US has never been and probably never will be illegal. While some outsiders, and possibly insiders, will assert that playing online poker in the US is an offence, the reality of the situation is that it’s not. Although certain legal restrictions made it virtually impossible for operators to offer US online poker games, players weren’t actually breaking the law by grinding at the virtual felt.

Essentially, when it comes to US legislation, online poker ran into problems when the government implemented the Unlawful Internet Gaming Enforcement Act (UIGEA [PDF]) as part of the SAFE Port Act. Before politicians decided to mess with the industry and make US poker deposits virtually impossible, the game was thriving. Big money tournaments, generous giveaways and mainstream advertisements ensured that players in their millions enjoyed the virtual version of the game. However, since US online poker legislation became a proverbial “grey area”, the number of operators and players in America has dropped substantially.

Fortunately, however, that grey cloud is starting to part and things in the USA are now looking a lot brighter. To give you a better idea of online poker US legislation, let’s run through its main points moving from the implementation of UIGEA to the current changes in poker regulation in America.

What is UIGEA?

The Unlawful Internet Gaming Enforcement Act (UIGEA) was passed in 2006 and outlawed the processing of funds between online poker companies and US citizens; something which subsequently made it almost impossible to play online for real money. Although the bill excluded fantasy sports betting and wagers exchanged between tribal gaming operators, it basically rendered the entire US online poker economy obsolete.

Following this piece of US legislation, online poker as an industry took a nosedive as a number of operators were forced to pull out of the North American market. In fact, it was not only the US poker economy that suffered but the industry in general. However, despite the fact operators were facing possible legal repercussions; no players were in any danger of being prosecuted. Basically, although UIGEA made it illegal for sites to process online gaming funds, that didn’t mean that players were under threat of arrest. This fact made it possible for a selection of operators to stay active in the country.

Black Friday

Although the sites that remained live in the USA were technically not allowed to host real money games because of US online poker legislation, the operators argued that they weren’t actually breaking the law. This defense kept them out the DOJ’s fining line for a few years, but in 2011 three major poker sites: PokerStars, Full Tilt Poker and Absolute Poker were shutdown.

This fateful day in the history of online poker became known as Black Friday and sent the community into a spin. With US players facing a lengthy delay before they could get hold of their bankrolls, the industry suffered its second major slump. Not only that, but in order for PokerStars and Full Tilt to remain operational and have any chance of re-entering the US in the future, each company was required to pay a huge fine to the DOJ.

At the time, Absolute Poker was unable to meet the DOJ’s demands and effectively went into liquation, while Full Tilt also found itself struggling. Fortunately, PokerStars had built up a huge fortune and not only found a way to pay the DOJ, but cover Full Tilt’s fine as well. This transaction was part of a larger deal that saw PokerStars’ parent company, the Rational Group, take control of Full Tilt.

US Online Poker: Then and Now

Before Black Friday and UIGEA dealt powerful blows to the industry, online poker was a booming enterprise. Players, operators and investors all enjoyed many years of prosperity. One of the most notable aspects of pre US online poker legislation was that the games were a lot easier. Because the game was mainstream and virtually a national pastime, casual grinders were much more common and that meant big profits for skilled players.

Unfortunately, US legislation caused the fish to swim away and the professional players to stay. This resulted in a rise in the standard of the average player and, thus, made it harder for novice grinders to make a profit online.

However, as time has gone on, the climate in the US has gradually begun to change. Although it was possible to play online poker in some dark corners of the over the last few years, there’s now some light at the end of the tunnel. When it comes to US legislation, online poker is far from a regulated industry; however, things are now a lot more positive than they once were.

Although the initial hope for online poker in the US sat with regulation on a federal level, it has transpired that access to the virtual game is now taking place on a state-by-state basis. Despite being a less effective way of regulating the game, many operators are seizing their opportunities to partner with a land based casino and rejoin the US market.

Although US legislation legalizing online poker will make it easier for American poker players to find a game, there’s still plenty of online action right now.

Moving in a New Era

At present only three US states have regulated online poker – New Jersey, Nevada and Delaware – but as these markets grown more governors have shown an interest in regulating the game. However, states such as New York, California and Iowa are all considering the benefits of regulated poker in 2021.

The reason why states are able to regulate online poker is that they have the power to enact their own laws. Thus, despite UIGEA still being in place, it is essentially ruled null and void if a state passes a bill that allows online gaming. For this reason it’s now looking likely that more and more US players will be able to enjoy virtual poker in the coming months.

Additionally, online poker US legislation is now moving towards intrastate gaming. This means that regulated states will be able to share players; effectively linking the entire country and bringing a rush of liquidity to the country. Of course, international connectivity is still a number of years away, but if regulators can help create a stable online poker economy across the USA, then a re-entry to the global market will surely follow.

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Colorado is a reasonable state to live in for poker players. On one hand online poker is illegal (at least that's a reasonable interpretation), but on the other hand it's possible to play poker live in any licensed casino, as well as at home in a social setting. So even though the state of Colorado views poker as a game of chance, and consequently illegal, players still have several opportunities to play this game legally.

Playing Poker in Colorado

Is Online Poker Legal in Colorado?

As is the case with most state laws, online poker isn't specifically addressed. However, there are a number of passages that lead us to believe that the laws for online poker lean more towards being illegal.

Section 18-10-102

The risking of money or other thing of value for gain contingent in whole or in part upon lot, chance, or the happening of an event over which the person taking the risk has no control.

Poker is considered a game of chance in Colorado. So that's strike 1.

Section 18-10-102

'Gambling device' means any device, machine, paraphernalia, or equipment that is used or usable in the playing phases of any professional gambling activity, whether that activity consists of gambling between persons or gambling by a person involving the playing of a machine; except that the term does not include a crane game, as defined in section 12-47.1-103 (5.5), C.R.S.

You could argue that machine means the internet, your computer, laptop or mobile device. There's strike 2.

Section 18-10-106 (1)

'...knowingly transmits or receives gambling information by telephone, telegraph, radio, semaphore, or other means or knowingly installs or maintains equipment for the transmission.'

You could argue that this includes transmitting over the internet. Strike 3, you're out.

There are loopholes, of course. For example, in 18-10-102, it mentions professional gambling activity, which in Colorado tends to mean operating a poker operation, not necessarily being a professional poker player.

However, the attorney general has also mentioned that internet gambling in Colorado is illegal. You can find this on the official Colorado website. So any loophole you think you’ve found at this point is rendered useless.

What About Home Poker Games?

Like most states, home poker games are fine so long as no one is profiting from cover charges, rake or donations.

Section 18-10-102

Any game, wager, or transaction which is incidental to a bona fide social relationship, is participated in by natural persons only, and in which no person is participating, directly or indirectly, in professional gambling;

And ss I mentioned above, under Colorado law 'professional gambling' is running a gambling business, not being a professional gambler or poker player.

Do Casinos in Colorado Offer Poker?

Absolutely. You'll find poker games at the Doc Holiday Casino in Central City and at the Gold Rush Hotel and Casino in Cripple Creak, just to name a couple.

Colorado Poker FAQs

We get a lot of questions about whether or not poker is legal in Colorado. Here are those questions and our answers.

Will online poker be regulated in Colorado?

Online Poker Legislation Colorado Rules

There has been rumors of the Colorado Gaming Association discussing the topic, but there’s nothing to get excited over. Nothing has gone before legislation.

However, there was a study in 2011 that showed that the state will lose money if they don't eventually regulate online poker. At the same time, according to the attorney general internet poker is illegal in Colorado. So we have mixed feelings on the future of the regulation of online poker in Colorado It's like a coin flip.

Is there an online poker room that accepts players from Colorado?

Yes. Colorado players should be able to sign up virtually anywhere that accepts US customers. Colorado isn't one of those states that poker sites prohibit from signing up. So you should be able to find action at Bovada, Sportsbetting Poker and BetOnline.

What other forms of regulated gambling is offered in Colorado?

In addition to poker and casino games, you'll find horse and dog racing, bingo and state lottery throughout the state.

Where can I read more about Colorado poker laws?

You can read more about Colorado gambling laws at:

Online Poker Colorado

• Colorado Gaming Association - http://www.coloradogaming.com/

Online Poker Legislation Colorado 2019

Here are some interesting facts about Colorado poker and gambling.

• Over 90% of Colorado casinos can be found in the three gambling boom towns. Central City, Black Hawk, and Cripple Creak.
• Until 2008 the maximum wager that you could make was $5. Now players can bet as much as $100.
• Poker Pro Chance Kornuth is from Colorado. He won the $5000 PLO event at the WSOP in 2010. He beat Kevin Boudreau who was also from Colorado Springs.
• 2012 WSOP Main Event Finalist Jeremy Ausmus grew up in Lamar, Colorado, went to Colorado State University before moving to Las Vegas to play professionally and busting 5th.

Additional Gambling Law Reviews

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