Gambling Laws in California: What is Legal & What Isn’t?

Labor lawSeptember 6, 2024

Is online gambling legal in California? This is a question that many residents and visitors of the Golden State ask as they explore the various entertainment options available. California is a hub for many forms of gambling. But when it comes to online gambling, the laws are a bit more complicated.

Here is what you can and cannot do when it comes to gambling online in California.

Is Online Gambling Legal in California?

So, is online gambling legal in California? Well, California’s gambling regulations, like those in many other states, are complex and multifaceted. While some forms of gambling are legal, others are strictly prohibited.

DNS / Pexels / All gaming laws in California are governed by the California Penal Code (PC) 330, which clearly defines what is and isn’t allowed.

Online gambling falls into a gray area. California law does not specifically prohibit online gambling. But it doesn’t explicitly legalize it either. This ambiguity leaves room for interpretation, and as a result, many Californians engage in online gambling without clear legal protections.

However, most of the legal online gambling in California is limited to online horse racing and specific forms of poker through licensed platforms. Any other forms of online gambling, such as online casinos and sports betting, are not officially sanctioned.

What Forms of Gambling Are Legal in California?

It is essential to understand the broader context of gambling in the state. California allows several forms of gambling. But each type comes with its own set of regulations.

Card rooms are a popular legal form of gambling in California. These establishments offer various card games, including poker, which is particularly beloved in the state. Unlike traditional casinos, card rooms only take a small fee from each pot rather than betting against players directly.

Likewise, tribal casinos also operate legally under the federal Indian Gaming Regulatory Act, offering everything from slot machines to blackjack. However, online versions of these games are generally not permitted.

Other legal gambling activities include the state lottery and horse racing (parimutuel wagering). The lottery offers a wide range of games, while horse racing enthusiasts can place bets at tracks or through licensed online platforms. Charitable gaming is another legal option. It is tightly regulated to ensure that most of the proceeds go to charity, though.

What Forms of Gambling are Illegal in California?

While many forms of gambling are legal in California, some are not. Like most slot machines and table games, commercial, casino-style gaming is illegal unless conducted on tribal lands.

Je Shoots / Pexels / Sports betting – a hot topic nationwide – remains mostly illegal in California despite recent federal changes that allowed states to legalize it if they chose.

So, remember that while certain activities may be available online, they might not be entirely within the bounds of state law.

A Look at the History of Gambling Laws in California

To fully understand gambling laws in California, it is helpful to look at the state’s history of gambling laws. California has a long and storied history with gambling. It dates back to the Gold Rush era, when card games were a popular pastime. However, as the state grew, so did concerns about the social impact of gambling, leading to stricter regulations.

The California Penal Code Section 330 – which outlaws most forms of gambling – was first established in the late 1800s. Over time, exceptions were made for certain activities like horse racing and the lottery, leading to the complex legal landscape we see today. The Indian Gaming Regulatory Act of 1988 was another significant development. Today, it allows Native American tribes to operate casinos on their lands.