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Online Poker in West Virginia
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Important WV Notes
- Licensed poker sites offshore legally allow WV players
- State officials are looking at legalizing internet gambling
- Ample poker rooms offered at casinos and racetracks
- Charity, lottery, pari-mutuel, comm. casinos, racetracks legal
- Tribal casinos are not allowed in West Virginia
Operating an online poker business is not considered legal in the state of West Virginia. The Mountain State has no legislation which authorizes online poker or gambling, nor has it developed an authority to oversee an online poker industry. There is no licensing framework that allows operators to apply for online poker licenses. Despite these facts, poker players from West Virginia continue to play at offshore sites and regularly wager for real money legally.
Future Outlook of Online Poker in West Virginia – Estimated date of legalization: 2018-2019
The following graph tracks our expected legislation of online poker in West Virginia 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.
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Despite its small population of 1.85 million people – ranked the 38th smallest state in the US – West Virginians have a healthy appetite for gambling. This fact alone allows one to believe that online poker legislation is only a matter of time in West Virginia.
In 2012, the West Virginia Lottery Commission began an assessment on how it would react to the US Department’s announcement that the Wire Act applies only to sports betting – essentially making online gambling legal if adopted by states. The Lottery stated that in order to proceed, it would require state legislation. Although no such legislation has been submitted or passed yet, it shows that the issue is one that is being at least considered by gambling authorities.
Regarding online poker, the Director of the West Virginia Lottery Commission, John Musgrave said at the time:“We realize in the industry that there are an awful lot of dollars that are being funneled out of the country with some of the online poker sites. I know there has been interest in the industry, in those states with casino gaming, to allow casinos to do something similar. We’re looking at that. We don’t have a decision made or know what direction we’re moving in at this time.”
In more recent years, it has been mentioned over and over again that West Virginia is a natural partner to sign an interstate online poker compact with Delaware, which became the second state in the US to legalize online gambling. Delaware’s small population makes it difficult for the state to support a standalone gambling industry, and therefore signing a compact with neighboring states makes good economic sense.
In 2012, an op-ed[A] written for Crime in the Suites mentioned the natural partnership between Delaware and West Virginia, but noted that the latter would first need to pass similar legislation in order to put a compact into effect. In 2014, Delaware signed a compact with Nevada, another state with legal online poker options, perhaps pushing a compact date between Delaware and West Virginia further off.
What could be the deciding factor for West Virginia is the growing competition in the land casino market in the area. Gambling revenues continue to decline, and, coupled with tough competition from neighboring states, West Virginia may have to seek out other sources of revenues – with online poker being a natural choice. West Virginia filed a bill (HB 3067) on March 14, 2017 which would legalize online gambling (poker and casino games), but the bill did not advance any further.
History of Gambling in West Virginia
Gambling Laws in West Virginia
Gambling is a popular and acceptable pastime in the State of West Virginia as long as it is done in a regulated environment. Unfortunately, for those trying to understand the way lawmakers define gambling exactly, the wording is very vague, and open to much interpretation. There is no direct definition of what constitutes gambling in West Virginia. Instead, the law hints at what constitutes gambling based on several related charges.
Section 61-10-4[D], for example lists offenses that could be considered a misdemeanor: “If any person bet or play at any such gaming table, bank or device as is mentioned in the first section of this article, or if, at any hotel or tavern, or other public place, or place of public resort, he play at any game except bowls, chess or backgammon, draughts or a licensed game, or bet on the sides of those who play at any game, whether the game be permitted or licensed or not, he shall be guilty of a misdemeanor.”
The law continues: “If any person who shall keep or exhibit a gaming table, commonly called A.B.C. or E.O. table, or faro bank, or keno table, or any slot machine, multiple coin console machine, multiple coin console slot machine or device in the nature of a slot machine, or any other gaming table or device of like kind, under any denomination, or which has no name, whether the game, table, bank, machine or device be played with cards, dice or otherwise, or shall be a partner, or concerned in interest, in keeping or exhibiting such table, bank, machine or gaming device of any character, shall be guilty of a misdemeanor.”
State residents have a several real money legal gambling options through a resort casino, pari-mutuel wagering on races, a good number of Vegas style casino games at racinos, as well as traditional and video lottery games run by the state lottery.
Games of chance may not be played, “by any person, at any place, public or private” thereby removing the option of social or private gambling in a player’s home.
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Several charity games (not poker) are allowed as long as they have the relevant licensing requirements.
The West Virginia Lottery Commission also regulates slot machines (video lottery terminals), as well as table games at casinos. Patrons need to be at least 21 years of age to play at casinos and slot machine parlors.
Land Based Poker in West Virginia
Poker laws in West Virginia are covered by gambling laws Section 61-10-4 as detailed in the section Gambling Laws in West Virginia above.
West Virginians have a good range of legal terrestrial poker options, mostly at several racinos located around the state such as the Mountaineer Racetrack and Casino, and the Hollywood Casino at Charles Town Races. The River Poker Room at the Mountaineer offers 24 hour poker action, including regular promotions and tournaments. The Hollywood Casino offers no limit action around 50 tables, 24 hours a day and 7 days a week. Daily poker tournaments run at the casino, as do regular promotions and events.
When it comes to home poker games, it seems that these are not legal under West Virginia law, although the chance of authorities actually enforcing the law and prosecuting home poker players is tiny.
Charity gambling laws make no exception for the game of poker, and therefore the game cannot be played at charity events.
Racinos around West Virginia offer Vegas style casino action, which could be regarded as land casinos in every sense of the word. The state also boasts one free standing casino resort (non connected to a race track), the Greenbrier, which, according to its site, “combines high roller thrills and high class style to create an unforgettable Greenbrier gaming experience.” The casino boasts a 103,000 square foot venue which is packed with world class gaming at its best. There are 320 state of the art slot machines, as well as 37 table games (including blackjack, craps, roulette, baccarat, three card poker and Texas Hold ’em poker). Players have to be 21 years of age or older to enter and play at the casino.
The state’s other four casinos are part of a race track complex.
- The Mardi Gras Casino and Resort is open 24 hours a day, while the greyhound racing facility includes simulcast horse racing wagering. The casino has a 40 table poker room, 1062 slot machines (including video poker) and 31 table games such as blackjack.
- The Wheeling Island Racetrack is a popular dog track open daily. The track offers bingo and horse race simulcast wagering, while the casino has a nine table poker room, as well as table games and 1,8000 slot machines.
- The Hollywood Casino at Charles Town is a horse race facility that hosts thoroughbred racing and a 24/7 entertainment resort. The 184,000 square feet casino floor offers a poker room and over 3,200 video slot and poker machines.
- The Mountaineer Casino Racetrack features thoroughbred racing and is open 24/7. Race wagering is available in season, while punters can also enjoy simulcast racing throughout the rest of the year. The casino offers 2,100 slot and video machines and 45 table games.
West Virginia’s largest casino, Hollywood Casino at Charles Town Races, announced that it would be adding a 1,200 seat concert venue[E] as it seeks to fend off increased competition from neighboring state, Maryland. The venue will be located on the casino floor and was completed in July 2014. In recent years, Maryland casinos have threatened the revenues of Hollywood Casino.
There are no Native American casinos at this time in West Virginia.
Racing in West Virginia is governed by the West Virginia Racing Commission[F] which promotes and regulates live racing at four race tracks in the state: two thoroughbred horses and two greyhounds. Under West Virginia gambling law, licensed horse racing/dog racing and pari-mutuel wagering is allowed.
West Virginia was one of the forty six (with the exception of Nevada, Delaware, Montana and Oregon) to opt into the Professional and Amateur Sports Protection Act of 1992, essentially placing a federal blanket ban on sports betting in the United States. In recent years, New Jersey has been fighting for the right to opt out of PASPA and has taken the matter as far as the Supreme Court. In May, 2013, four states – Virginia, Georgia, Kansas and West Virginia – filed joint briefs to the Third Circuit Court of Appeals, informing the court of their formal support for New Jersey’s attempt to overturn the federal ban on sports betting.
From this it can be understood that if New Jersey is successful in its appeal, it will pave the way for states such as West Virginia to introduce their own legal sports betting regimes.
Video lottery machines, also known as slot machines, were approved in 1994 at West Virginia’s four thoroughbred and greyhound racetracks, subject to restrictions of the law. Voters in the counties where each track is located had to approve the issue.
The state legislature passed the Limited Video Lottery Act in 2001, limiting the number of video lottery machines in adult environments. The bill essentially outlaws ‘grey’ or ‘poker’ machines and restricts the number of video lottery terminals to no more than 9,000. The West Virginia Lottery Commission is the deciding authority.
As noted, the West Virginia Lottery Commission governs over the state lottery and also regulates slot machines and table games at the four race track gaming establishments and the fifth, stand alone casino resort. Since its launch in 1986, the lottery has raised more than $8 billion in proceeds for the state.
The lottery offers multiple games, including Powerball, Mega Millions, Hot Lotto, Daily 3, Daily 4, Cash 25, Keno and instant games. The minimum age to purchase lottery ticket in West Virginia is 18.
An anecdote: The most noted American lottery winner, Jack Whittaker[G], won the (then) biggest Powerball jackpot in history – $315 million – on a ticket which he purchased in West Virginia in 2002.
Charitable games in West Virginia are governed by laws 47-20-1[H]. In general, games of bingo run by charitable organizations are allowed under state laws, as long as the organizations are licensed by the West Virginia State Tax Commissioner[I]. Raffles can also be held, with the law dictating as follows:
“Notwithstanding any other provisions of this article to the contrary, any charitable or public service organization which has been in existence in this state for at least one year is hereby authorized to conduct raffles without compliance with the licensing provisions of this article: Provided, That any prize awarded in any single raffle at a raffle occasion may not exceed in value the sum of four thousand dollars: Provided, however, That the cumulative gross proceeds derived from the conduct of raffle occasions by any such charitable or public service organization shall not exceed fifteen thousand dollars during any calendar year: Provided further, That any such organization shall not be subject to the record keeping provisions of section sixteen of this article but shall maintain a separate accounting for the operation of raffles. All records required by this section shall be maintained for at least three calendar years and shall be available for reasonable inspection by the commissioner.”
Author:Joseph Falchetti (twitter)
(C) Copyright PokerWebsites.com, 2018
References and Citations
While playing Texas Hold’em for fun can be…well, fun, it’s nothing like the real experience of playing Texas Hold’em for real money. Real Money Texas Hold’em is filled with intensity and drama that just doesn’t exist when you’re competing for play money chips. Whether you just want to casually play low stakes online poker for real money, or aspire to be a poker pro, Texas Holdem for real cash is where the serious action is. Take a look at the table below where we recommend the best real money poker sites below specific to your country.
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Tutorial on Signing up and Playing Poker for Real Money
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Where to Play Real Money Texas Hold’em
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There are literally hundreds of different sites available online for playing real money Texas Hold’em, from the huge sites that you’ve seen advertised on television and in magazines, to smaller sites that may not have the name recognition of their larger competitors, but offer great features and incentives to those who play there.
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Advantages to Real Money Texas Hold’em
Playing online poker for money is where the cash is, so if you want to use poker as a way to earn some extra income, you’re going to have to play in real money games. But even for new players who are only playing casually, real money Texas Hold’em has several advantages.
First of all, players who wish to improve at poker will get way more out of low-limit real money Texas Hold’em games than they ever would from a play money game. The play will much more closely resemble the kind of play you’d expect to see in a competitive setting, and with real money on the line, you’ll be more likely to play your best game as well. Even if you’re not that concerned with improvement, though, real money Texas Hold’em is really the only way to get a true poker experience, since money is an integral part of the game.
Disadvantages to Real Money Texas Hold’em
All of that being said, there are some players who are best served by playing free Texas Hold’em instead of real money Texas Hold’em. If you’ve just learned the rules of Texas Hold’em, you’re probably not ready to jump into real money games right away (or if you do, you’d better be prepared to lose). Instead, playing free Texas Hold’em will allow you to get a grip on how hand rankings work, how the course of play flows, and other basics that you’ll want to be intimately comfortable with before you start playing poker online for real money.
In addition, playing for free is a great way to check out a new poker site you haven’t played at before. Instead of worrying about whether or not you’ll be happy with a site you pick, you can always jump in and play some free Texas Hold’em games first to see if you like the software client, features, and other aspects of a given site before committing. Once you’ve found a site you like, you can then make a deposit and move on to playing real money Texas Hold’em, confident that you’ll be happy with the experience.
Depositing To Texas Holdem Sites
Two of the biggest of these online eWallets are NETeller and MoneyBookers (not available to USA). The advantage of using one of these is that players can hold all their poker money in a separate account and move the money between accounts quikcly and easily. For beginner players it is not as important but the majority of experienced online poker players will usually transfer money using these eWallets.
Newer players, like most recreational players, normally use credit or debit cards to deposit. Cards are an instant deposit method and are much easier to use as they do not require the setting up of any other accounts. eWallets require first setting up account, then depositing into the eWallet and then depositing from the eWallet to the poker client. Since the UIGEA bill was passed, many US poker rooms are having issues accepting credit card deposits from players residing in the USA. Be sure to check the TexasHoldemOnline.com homepage as we list all the US sites that accept credit card deposits.
Cashing Out Texas Holdem Winnings
When cashing out, poker players are also presented with a large choice of options. Players may cash out to a large number of eWallets, direct to their credit/debit card or by bank transfer (credit card are normally not available to USA players where paper checks are the standard withdrawal option).
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Players wishing to access their money in the fastest time are recommended to use direct bank transfer. Transferring out to a card will take three to five working days. Transfers to eWallets take up to 48 hours to process; however it will take further time if a player wants to withdraw from an eWallet to his or her his bank account. The advantage of withdrawing to one of these accounts is that the funds are available to use to deposit in any other poker client immediately. This can be a deciding factor for a serious poker player that wishes to keep their real life bankroll separate from their poker bankroll.
Many players who are just starting their poker careers, start depositing by card and withdrawing by direct bank transfer. As a player becomes more serious, they will usually start using an account such as Neteller to keep all their poker funds in the same place so there is no need to redeposit from a bank account.
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While 2011 saw the exodus of the two of the world’s biggest poker sites – Full Tilt Poker and Pokerstars – from the US market, there are still a wide number of options for players who want to play online poker for real money in the USA. Right now there are 4 poker networks that still take US real money poker players, including the Merge and Everleaf networks. Both of these long serving real money poker sites allowing US players have been around for several years and represent the top options for players residing in the USA who still want to play poker for money online.