If online poker isn’t yet legal in your state, you can still game on free online poker sites with fake money. Online Gambling Revenue Across the US With the constant rise of online poker players and iGamers in general, it’s no surprise that the online gambling industry collectively generates billions of revenue in the USA alone. Legal Online Poker Rooms For Maryland Residents. Poker players in Maryland should be able to access a number of different poker rooms without too much trouble. Because the Maryland online poker sites operate without too many hang ups. Players looking to participate will be able to do so with few problems, all predicated on a lack of any. Our selection of the best websites licensed U.S. To play poker games in Maryland. We are here to provide you with the widest range of options in online gambling, the most complete listings for all the online operators who have obtained their licenses issued in the United States. The state of Maryland doesn’t provide any direct information that states that online poker is legal or illegal. Therefore, it can only be safe to assume that online poker would be considered illegal in the state, especially since they had taken aggressive action to prevent international poker sites.

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

“Reviewed by Chuck Humphrey – 50 year Gaming Law Practitioner”

Online Poker In Us Legal

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.

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

Home» US Poker Laws » State Laws » Maryland Poker Laws

Relevant state code: 27-240; BR 11-101 et seq., BR §10-502

While some states might have stricter anti-gambling laws in theory, Maryland is arguably the worst state for individuals and operators participating in unregulated gambling. Describing the anti-gambling laws (and enforcement of said laws) of Maryland as very strict is actually a bit of an understatement. Maryland law does not provide a definition of gambling, but instead simply prohibits all conceivable forms of gambling in one fell swoop:

Section 12-102
(a) Prohibited.- A person may not:
(1) bet, wager, or gamble;

The remainder of the section further prohibits the operation of games where people 'bet, wager or gamble,' participation in any aspect of the financial chain of an illegal gambling business and bookmaking. Maryland law goes further in Section 12-103, prohibiting the play of 'any gaming device' for 'money or any other thing or consideration of value.' What's a gaming device? Just about anything, at least according to the state of Maryland:

Section 12-101(d)
(1) 'Gaming device' means:
(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.

With those wildly broad definitions, authorities in Maryland have what amounts to free reign to pursue criminal charges against anyone involved with any sort of bet not explicitly regulated by the state. In terms of overall severity, Maryland's charges aren't as bad as some other states - mostly misdemeanors with fines serving as the primary punishment. However, mere players face more significant charges in Maryland than they would elsewhere - six months to one year in jail and up to $100 in fines.

For operators, charges are less severe than average on face, but Maryland has more individual charges to levy against operators - meaning each charge is relatively minor, but the totality of all charges could prove to be quite significant.

In addition to state law, several counties in Maryland have laws restricting gambling, resulting in a patchwork of potential charges for both players and operators.

When it comes to enforcement of anti-gambling laws, Maryland appears far more aggressive than most states. Maryland has worked with the US Government on several online gambling prosecutions (more on that below), and has a long record of gambling busts that sweep up players along with operators - such as this raid in 2011 and this one in 2007.

Is Any Gambling Legal in Maryland?

Absolutely. Maryland joined the commercial casino game in 2009, and also offers pari-mutuel wagering on horse racing (including simulcasts). Maryland runs a state lottery and is currently considering plans to expand commercial gambling in the state.

Online Poker Maryland

Maryland does not have an explicit exemption for social gambling. Some counties in Maryland allow limited forms of social gambling - primarily bingo and related games at senior centers.

Charitable gambling law varies widely by country in Maryland. You can view a county-by-county break down here; the short answer is that qualified organizations can conduct a wide variety of games in many parts of Maryland.

Can I Play Poker for Real Money in Maryland?

Poker is likely only legal in a state-licensed environment when played in Maryland for money (or anything else of value).

Not only does playing poker certainly violate at least one of the prohibited 'bet, wager or gamble' actions described in Maryland law, but the the cards, chips and table (or computer) used to play poker would easily seem to be covered by Maryland's definition of 'gaming device.'

Since you can't bet or wager or use cards, chips or any symbol representing cards or chips in an unregulated environment in Maryland, it's quite difficult to see how any poker game not played in a casino could be legal - even home games where no rake is taken.

Are Online Casinos or Online Poker Sites Legal in Maryland?

Maryland law does not specifically address online gambling or online poker sites, but numerous prosecutions of online gambling operators stemming from the state make it clear that Maryland believes their anti-gambling laws apply equally to online gambling. It should be noted that the majority of these actions were against sports books and not poker rooms per se', but the general point remains.

One could assume that this belief extends beyond operators to mere players, meaning that those who play poker or otherwise gamble over the Internet while in Maryland are likely in violation of Maryland law.

You can read an interesting breakdown and analysis of Maryland's actions against online gambling operators in this article from Baltimore's City Paper; while from 2010 it's still a great piece covering Maryland's approach to online gambling enforcement.

Maryland Gambling Laws: Fun Facts
You can sue to recover money lost during illegal gambling (Section 12-110).

Maryland Legal Online Poker Deuces Wild

A 2006 opinion from the Maryland Attorney General concluded that 'it is well accepted that poker, despite elements of skill or judgement, is a game of chance that depends in substantial part on the hand a player is dealt and the placement of cards.'

Maryland and Online Gambling: Recent News

In early 2011, Maryland was involved in the shutdown of a handful of online poker sites now referred to as Blue Monday.

Maryland was back in the news in February of 2012 for the state's role in bringing criminal charges against Bodog founder Calvin Ayre.

Maryland Legal Online Poker Tournaments

Finally, Maryland caught the attention of the online gambling community in early 2012 by floating plans to expand their lottery to include online sales; that initiative stalled in April of 2012.

Will Maryland Regulate Online Poker?

It's difficult for most to think of Maryland as a serious candidate for regulating online poker. However, the state is actually fairly large in terms of population and has had a very liberal attitude toward gambling expansion over the last few years. If the bill to regulate online lottery is revived and passed, it's not inconceivable that online poker could follow after a few months.

The state also has some logical partners - such as Delaware and New Jersey - that are in advanced stages of regulating online gambling, creating a regional momentum that might propel Maryland in the direction of regulated online poker sooner than might first seem possible. For these reasons, we conclude that there is a reasonable chance that Maryland will regulate online poker at some point in the next three years.