Gambling Laws in California

California has more than 60 tribal casinos and another 60 cardrooms, so you'd think that the state was a gambling paradise, right? In reality it's very different and tensions between the two sections mean that opening up the industry is almost impossible.

While most forms of gambling are legal in California, a few exceptions still exist.

Which Type of Gambling Is Permitted in California?

California gambling laws are dictated by the California Penal Code 330, Business and Professions Code 19400 and Government Code 98001. Together, these laws deem most forms of gambling legal in the state, but there are a few important restrictions to be aware of.

Online and Landbased Casino Games

Casino gambling is legal. The industry is a delicate balance between 67+ tribal casinos and the 66+ or so cardrooms, which are only allowed to host non-banked games such as multiplayer poker and so-called 'California games' (modified casino games to get around the rules).

An impasse between the two sections of the industry prevents further legislative development. Effectively banning other private casino operators and prospective sports bookmakers from setting up business in the state.

Online casino gambling is not specifically mentioned in the existing legislation. However, the California Penal Code does make reference to betting via 'any device'. This could technically open up the door to residents to online live casinos and slot games.

Playing Poker

This type of gambling is legal in California, with the state being a popular stop on many poker tours. Games can be found at tribal casinos and the state's cardrooms. With the former hosting large tournaments and the latter featuring adjusted games to comply with the non-banking legislative requirements.

Online poker gambling is not permitted, despite many attempts over the years to open the market. The Lipay Nation attempted to open online poker and bingo sites in 2014. They claimed that because the servers were located on sovereign land, the activity was permitted under the Indian Gaming Regulatory Act. 

However, the courts deemed that the location of the servers and players is relevant in determining legality. The result was the closure of the sites in 2016.

Playing at foreign online poker sites is illegal in California, but there are no records of prosecutions.

Online Bingo and Bingo Halls

Land-based bingo games are legal in California and can be found in both charitable and commercial forms. Many of the tribal casinos in the state also offer bingo games to players.

Online bingo is generally considered illegal despite no specific mention of the activity in the current laws. Residents do still head off to out-of-state bingo casinos online though.

Lottery Gambling

Purchasing lotto tickets is legal in the form of the California State Lottery. This allows residents to play in various local and national draw games, including Powerball and Mega Millions draws, scratch cards and other instant games.

Those wishing to play online lottery games for real money are out of luck as the current state-sponsored website is for draw info and not purchasing tickets. Residents can access foreign online lottery sites to play such games, although there is little in the way of written legislation permitting or prohibiting the activity.

Social Casinos and Gambling With Crypto

The regulations don't apply to gambling activities within private residences as long as there is no profit made.

Regarding lootboxes, several court cases challenged the legality of these perks under existing gambling laws, but have never been successful. Skins gambling has to date, managed to evade legal scrutiny.

Cryptocurrencies are recognised as having a monetary value in California, and Bitcoin mining is legal in the state. None of the land-based casinos currently accept crypto for gambling though, so that's out of the question at the moment.

Is It Legal To Place Sports Bets in California?

Sports betting is currently in a sticky situation. While there's a lot of pressure to develop the industry in the state beyond on-site pari-mutuel horse racing betting, the tension between tribal casinos and cardrooms prevents any progress.

Online sports betting is restricted to advanced-deposit horse racing and DFS only. This isn't explicitly legal but assumed to be so without any court rulings. Sites such as FanDuel and DraftKings accept players from California.

Californian Minimum Age to Gamble

The legal gambling age is generally 18, but casinos only allow those aged 21 or over to enter their premises in line with alcohol licensing laws.

Are Gambling Winnings Taxed in California?

Taxes are laid out at different rates for the various gambling activities in the state. Cardrooms must pay a 10% tax, and pari-mutuel racing betting operators are charged a 20.84% tax. Although tribal casinos do not technically have to pay gambling operator taxes, they still make payments to the state according to their compacts.

Brief History of Californian Gambling Laws

Non-banked card games, i.e. those that do not involve the house, have always been legal in California. It wasn't until 1872 that the California Penal Code outlawed specified forms of gambling, including all banked card games.

Horse racing betting was legalized in 1933 by constitutional vote, while charitable bingo games were legalised similarly in 1976.

Regulations on cardrooms in the state were written in 1984, and the lottery was made legal and launched the same year. In 1997, the Gambling Control Act was enacted along with the formation of the California Gambling Control Commission. Slots and Blackjack games were legally permitted at tribal casinos in 2000.

The Lipay Nation opened an online bingo site in 2014, but the courts shut it down in 2016.

California residents voted against limited sports betting markets at tribal casinos in 2022.

Key Facts

• Casino gambling is legal, but only at cardrooms and tribal casinos.

• Online casino gambling is unregulated.

• Poker gambling is legal, but online poker gambling is unregulated.

• Bingo gambling is legal and can be found as charitable and commercial games.

• Online bingo gambling is unregulated.

• Lottery gambling is legal in the state, but only via physical retailers - not online.

• Sports betting is legal in California, but only for horse racing and daily fantasy sports betting.