Idaho Gambling Laws

This Gem state is not just for potatoes but, rather, falls right in line with all of the other states when it comes to a big appetite for online poker in 2020. Idaho has a long history of a conservative leaning when it comes to the world of gambling, but that has not kept Idahoans from seeking out a good opportunity to win real money.

1. Idaho Raffle Laws
2. Idaho State Laws

Idaho's constitution prohibits most forms of gambling in brick-and-mortar establishments. Currently, there are 13 casinos and pari-mutuel facilities in Idaho, spread out across the US's 14th largest state. Charitable gambling, such as raffles and bingo games are allowed within stated frameworks. Gamblers will find a limited amount of pari-mutuel wagering within its borders as well as a state run lottery. [1]

For those of you in Little Ida, you'll be happy to know that you can play poker online in 2020. Finding a real money US poker site will be no problem if you know where to look. Don't worry, we have you covered.

Idaho Gambling Offenses. TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 38 GAMING. Section 18-3801 GAMBLING DEFINED - Section 18-3802 GAMBLING PROHIBITED - Section 18-3809 BOOKMAKING AND POOL SELLING - Section 18-3810 SLOT MACHINES - POSSESSION UNLAWFUL - EXCEPTION - Section 20 of the Idaho Constitution. GAMBLING PROHIBITED. An initiative relating to Indian gaming; providing findings and purposes; clarifying public policy regarding Indian gaming; adding Idaho Code § 67-429B defining tribal video gaming machines as gaming machines used by Indian tribes which are not activated by a handle or lever, do not dispense coins, currency, tokens or chips, and which perform only certain defined functions, and defining such machines as neither slot machines nor imitations or simulations of any form of casino gaming; adding.

Idaho Gambling Laws Idaho is very strict when it comes to gambling, as its gambling laws clearly reflect. However, there is a fun fact about slot machines and their legality. They were banned by popular vote in 1948, so how can the Idaho casinos still operate and offer slot machines to their visitors? Transition to Legal Status of Gambling. After becoming the 43rd state admitted to the Union in 1890, its original state Constitution made Idaho's gambling quite clear: 'The legislature shall not authorize any lottery or gift enterprise under any pretense or for any purpose whatever.'. Illegal gambling for both operators as well as players is just a misdemeanor, and so far, the state has not penalized anybody for illegal gambling. Players in Idaho can take part in lottery games and pari-mutuel betting. Idaho offers a few licensed Indian casinos, which offer a few slots and video pokers, but not poker.

Latest Idaho Poker News

Quick Jump

• 4 The Facts

While iGaming is becoming more and more recognized as a quality outlet for gamblers in 2020 it is still a sticky subject. Gambling, especially poker is not highly regarded. Recently even venues such as a local senior citizen home has come under scrutiny and felt the sting of local police raids. Imagine the shock on a group of elderly poker players in Twin Falls, Idaho when they had their game raided. Police entered the Twin Falls Senior Center and told the players that their weekly game was illegal and had to end. Close to 20 seniors played in the game for more than five years. [2]

Can Players From Idaho Play Online Poker For Real Money?

Online poker players can and do continue to play for real money through offshore online casinos in 2020. There is little discussion with regards to changing that in the immediate future. Like many states in the US in 2020, online poker is, strictly speaking, illegal in Idaho but offshore gambling casinos are allowed. In keeping with the Gem state, it remains unfriendly towards any form of poker.

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Is Online Poker Legal In Idaho?

A change in the specific wording of the law will determine the legality of online poker playing in Idaho. Currently the 2020 law identifies poker playing as a game of chance and not a game of skill. If and when it is clearly identified as a game of skill then the floodgates will open for online poker players. Gambling laws do identify games of skill as legal. (1) Bona fide contests of skill, speed, strength or endurance in which awards are made only to entrants or the owners of entrants. Although it is illegal to establish an online poker room in Idaho, there are reputable, acceptable online poker sites that are available to 2020‘s avid, serious poker players. There is little in place that suggests that online poker being established within the state of Idaho will happen anytime soon.

The Facts

The History Of Gambling In Idaho

The history of gambling in Idaho has been a love/hate relationship with a seemingly constant flipping of the switch. From the first legalized slot machine in 1930 to the banning of slot machines in 1948 gamblers in Idaho are at the mercy of public opinion.

Initially gambling was permitted at the same time that it became a state in 1890 and contributed to the wealth of Ketchum. But, not long after Idaho was established as a state, Methodist ministers became vocal in demanding that police shut down card games that were a part of the local saloons. By 1905 police became active in shutting down craps games as well as card games.

Between the banning of slot machines in 1948 to within six short years later voters and law makers saw to it that all forms of gambling was outlawed. But then ten years hence pari-mutuel horse racing became legal in 1963.

By 1990 the first Idaho Draw Game ticket was sold and the same year Indian casinos were approved by the state. Indian casinos have class-2 slots, but do not provide poker games on site. Since the implementation of Indian casinos very little has been done to advance gaming in any capacity. Since 2012 the decision to focus on land based gambling has taken precedence. Discussion has stalled regarding the advancement of iGaming or online poker. [3]

The Future Of Regulated Online Gambling in Idaho

There is very little indication that the anti-poker hardliners have any intention of budging when it comes to implementing poker into casinos, local or venues or the establishment of online casinos anytime soon. While there are those who believe that Idaho should move in the direction of online gaming and the advancement of gambling in Idaho the reality is the movement supports more land casinos. Even with that the likelihood of poker being front and center is unlikely. Online poker and gaming remains reserved for offshore enterprise.

Playing online poker in Idaho is more viable than ever expecting a legal land-based game to be offered, as residents of the state seem uninterested in legalizing play. Time machine for mac backup.

Idaho Online Poker FAQ

Currently there are two state representatives who would like to see online poker sites for Idaho addressed because of the potential revenue. At present they realize the political climate of Idaho is not prone to changing anything, anytime soon.

Idaho continues to hold on to its conservative state government and as a result that plays a role in keeping gambling under control. Because the anti-poker sentiment runs deep with Idahoans, pro-gambling lawmakers have a steep hill to climb. It is believed that should the Federal Government seek to make lawful online casinos across the land, then Idaho would opt out of online gaming and would more than likely refuse to allow poker sites in particular.

One key aspect of the legalization of Internet poker would be for it to be recognized as a game of skill. The likelihood of that is very small. There is little desire on the part of voters and lawmakers to revisit the definition of poker as a game of skill. With that said, online poker as an accepted game has little hope of moving forward. [4]

Fun Facts

• Idaho is called the Gem State because it produces 72 different precious and semi-precious stones. Of the most precious gems that came out of Idahoa is literary great Ernest Hemingway.
• It is no wonder that Idaho is considered a conservative state with Sarah Palin as a native Idahoan.
• Professional American poker player Kevin MacPhee hails from Coeur d'Alene, Idaho. He is best known for winning the Season 6 European Poker Tour Main Event in Berlin for 1 million euros. In addition he also has ten World Series of Poker money finishes as well as two WPT cashes. [5]

Latest Idaho Poker News

The Bottom Line

While there are 13 land-based Indian gambling establishments currently operating in Idaho, poker in 2020 continues to be a taboo subject and there is little indication that that will be changing anytime soon. There are strict laws in place to deter individuals from entering into a friendly, real money poker game anywhere in the state. Players who wish to participate in online gaming will do so by engaging with 2020‘s best, approved, offshore online gaming organizations where play can be both for fun and for real money.

The bottom line is that where there is a desire to play a good game of poker, the people of Idaho will find a way.

References

[1] Idaho Gaming Overview (//legislature.idaho.gov/idstat/Title67/T67CH77SECT67-7710.htm)

[2] Idaho Poker News (//www.pokernews.com/news/2010/03/the-nightly-turbo-online-poker-processing-arrest-senior-citi-7984.htm)

[3] History of Gambling in Idaho (//www.idaholottery.com/theIdahoLottery/history.aspx)

[4] Idaho Legal View Point (//www.gambling-law-us.com/State-Laws/Idaho/)

[5] Fun Facts About Idaho (//www.pokernews.com/poker-players/kevin-macphee/)

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• Casino Gambling: Not Legal
• Tribal Gambling: Legal
• Poker: Not Legal
• Horse Racing Betting: Legal
• Dog Racing Betting: Legal
• Lottery: Legal(State-Owned)
• Daily Fantasy Sports: Not Legal
• Charitable Gaming: Legal(Only in approved formats)
• Social Gambling: Not Legal
• Online Gambling: Not Specified(Players can use unregulated sites without fear of penalty)

The information in the box below provides a comprehensive overview of Idaho's complex gambling laws.

Despite its placement in the northern reaches of the U.S., Idaho's gambling laws are more closely aligned with those of the 'Wild West.'

That is to say, gambling is largely outlawed there today, despite Idaho's longstanding history as a territory friendly to card sharps and players traveling the frontier. Even so, a slow but steady easing of those strict laws has seen Idaho gradually step into the 20th century – if not the 21st.

Residents and visitors in Idaho can purchase lottery tickets at the local convenience store, place pari-mutuel wagers on horse races, and even head to a tribal casino for some bingo. These tribal casinos even spread slot-machine styled video gaming terminals – much to the consternation of a few hard-line lawmakers – giving Idahoans a full complement of gambling options to choose from.

With that said, traditional casino table games like blackjack, baccarat, roulette, and craps are all banned by state law, so you won't be doubling down or hitting a hard eight here anytime soon.

Idaho is also one of the only states to expressly prohibit poker, and predictably, online gambling options are nonexistent outside of the usual unregulated channels.

Overall, the status of Idaho's gambling law is akin to a patchwork quilt, with new sections being stitched on, or removed altogether, as the years go by. While not a gambling-friendly locale by any means, Idaho's previous resistance to all forms of action has waned recently, moving the state closer to the center in that regard.

• Age Requirements: 18 (for all types)
• Approximate Annual Gambling Revenue: N/A
• Approximate Annual Gambling Taxes: N/A
• Number of Commercial Casinos: 0
• Number of Racinos: 8
• Number of Tribal Casinos: 7
• Casino Regulatory Body: State Legislature
• Racing Regulatory Body: Idaho Racing Commission
• Lottery National Rankings: N/A

After becoming the 43rd state admitted to the Union in 1890, its original state Constitution made Idaho's gambling quite clear:

'The legislature shall not authorize any lottery or gift enterprise under any pretense or for any purpose whatever.'

That short and stern passage left little room for legal interpretation, but by the 1930s slot machines had made their way to the outskirts of locales like Garden City, Idaho Falls, and Pocatello. The fact that these machines were neither 'lottery' nor 'gift enterprise' put them in the proverbial grey-zone, legally speaking, and for nearly two decades Idahoans could take their shot at the one-armed bandits.

In 1947, a state statute was passed to expressly legalize slot machines, and for a few years, Idaho was home to a thriving industry of saloons and slot parlors.

By 1953, however, slot machines were declared to be unconstitutional by the Idaho Supreme Court, under the provisions of section 18-3804 of the Idaho Code. Slot machine owners were hounded down, their equipment destroyed by burning or, if they were fortunate, sold off to casino interests in Nevada.

In 1963 pari-mutuel horse racing was authorized by section 54-2501, which created the Idaho State Racing Commission. The state's first Horse Racing Act had been approved by the legislature six years earlier, but it was shot down via veto from the Governor. The 1963 passage was the first legislative override of a Governor's veto in over 20 years.

Idaho Raffle Laws

The ponies have been in action ever since and today Idaho is home to eight racetrack facilities.

In November of 1988, voters approved a bill authorizing the creation of the Idaho Lottery, which officially launched in July of the following year. As a member of the Multi-State Lottery Association, the Idaho Lottery offers popular nationwide games like Powerball, Mega Millions, and Lucky for Life, alongside several regional variants like Bingo and Weekly Grand.

In total, 50 percent of the program's net ticket take is distributed to Idaho's public school systems, while the rest goes to the state's Permanent Building Fund to support university and college infrastructure. To date, the Idaho Lottery's official website lists more than $785 million as being 'returned to Idaho' since 1989.

Idaho's primary mode of gambling is the lottery program, which sells tickets, scratch cards (called 'pull tabs' there), and other products at convenience stores, gas stations, bowling alleys, and a variety of other locations throughout the state.

The same year Idaho voters approved a state lottery saw the Congress in Washington D.C. pass the Indian Gaming Regulatory Act (IGRA) of 1988. This sweeping reform to the nation's gambling laws permitted any federally recognized tribal organization to forge gaming compacts with the states in which their lands are physically located.

Several tribes, including the Coeur d'Alene, the Kootenai, and the Nez Perce, entered into negotiations with Idaho's state government in 1992, seeking to construct casino facilities where Class III gaming would be held.

Under IGRA, Class I and II games were defined as charity drawings and raffles, bingo, pull tabs, and other 'social' forms of gambling. The act categorized casino-style games, such as blackjack, craps, and roulette, as Class III offerings. https://download-tgrolandstlstylessoftwareformac.peatix.com.

Recognizing that IGRA held the potential to turn Idaho into thriving casino gambling market, one which would stand in opposition to long-held state laws, lawmakers went to work in blocking the tribe's access to Class III games. The state constitution was amended in 1992, under Idaho Const. Art. III § 20(1)-(3), to limit Idaho's legal gambling options to the state lottery program, pari-mutuel racing, and bingo / raffle games for charitable purposes.

Crucially, this amendment included the following language explicitly banning the casino games which comprise the Class III gaming category:

'No activities permitted by subsection (1) shall employ any form of casino gambling including, but not limited to, blackjack, craps, roulette, poker, baccarat, keno and slot machines, or employ any electronic or electromechanical imitation or simulation of any form of casino gambling.'

Home of fun. The Coeur d'Alene Casino and Hotel opened in 1993, offering a simple bingo hall to comply with the amendment. Other tribal casinos followed throughout the state, proving to be quite popular despite the lack of Class III games. https://downloadiweb-screenflick2224capturescreenmovementtovideo.peatix.com.

By 2002, however, the demand for conventional casino-style gaming had grown to the point that Initiative 1, the Idaho State-Tribal Gambling Compact Initiative, was placed on the ballot. If approved by voters, the bill would amend Idaho state law to allow tribal casinos to spread video gaming machines, which were defined as follows:

'Gaming machines used by Indian tribes which are not activated by a handle or lever, do not dispense coins, currency, tokens or chips, and which perform only certain defined functions, and defining such machines as neither slot machines nor imitations or simulations of any form of casino gaming.'

The ballot initiative was a compromise of sorts, allowing tribes in Idaho – and gamblers as well – to participate in gaming that closely resembled slot machines, while not actually breaching the law. Voters overwhelmingly supported the measure, and it passed with 57.8 percent of the vote, paving the way for a new era of tribal gaming in Idaho.

Today, despite a growing movement to rescind the 2002 law, tribal casinos in Idaho is home to thousands of video gaming machines that look and feel just like slots.

In 2011, the horse racing laws were amended to allow simulcasting of races at locations other than the actual race venue, expanding Idaho's legal race betting industry through the introduction of eight such licenses.

Punters are free to bet on live races or historical races per the 2013 voter-approved referendum HB-220.

In 2013, lawmakers also approved highly controversial 'instant racing' machines, which offer automated betting on race-like wagers using equipment and layouts that closely resemble slot machines. Prior races were recorded and presented to players with no identifying information, with the experience accompanied by bells, whistles, lights, and other accouterments common to slot game play.

The instant racing machine law was quickly repealed just two years later, with legislators claiming they had been 'duped' by industry lobbyists into legalizing a loophole to the state's slot machine ban.

In 2017, the Idaho racing industry launched a last-ditch effort to overturn the 2015 repeal, but little progress has been made on that front as of late April.

Idaho State Laws

Like so many other states, Idaho suffers from a distinct problem when it comes to its online gambling laws. Namely, there aren't any on the books.

Most of the foundational laws underpinning Idaho's gambling industry – the 1890 constitution, the 1988 lottery act, and 1992's constitutional amendment banning Class III gaming – were written well before the concept of online casinos or poker rooms were ever envisioned.

Complicating matters further is the federal law known as the Unlawful Internet Gambling Enforcement Act (UIGEA) of 2006, which prohibits a business from engaging in transactions related to online gambling. Before the UIGEA was passed, online casinos and poker rooms operated in all 50 states, serving customers as unregulated entities. After 2006, most of the major sites fled the US market, and 'Black Friday' in 2011 effectively shuttered the online poker industry in America.

And while a few progressively-minded state governments (Nevada, New Jersey, and Delaware) have kept pace with technological advancement by regulating legal online gambling industries, progressive policy has never really been Idaho's calling card.

Today, the state has no laws specifically addressing online casinos or poker rooms (see the DFS section later on for that segment of the online gambling market). As such, many resources found online will tell readers that the lack of legal language effectively puts Idahoans in legal limbo, allowing them to access unregulated sites at their leisure – and risk.

And sure enough, somebody sitting on their computer in Boise right now can easily find a few US-facing online casinos or poker rooms willing to let them play for real money. That's true in every state – the three iGaming-approved jurisdictions mentioned above aside – so Idaho's online gambling legality debate isn't all that unusual.

Unfortunately, a provision found within Art. III § 20(1)-(3) of the Idaho constitution, which was amended in 1992, includes the following passage (emphasis added):

'No activities permitted by subsection (1) shall employ any form of casino gambling including, but not limited to, blackjack, craps, roulette, poker, baccarat, keno and slot machines, or employ any electronic or electromechanical imitation or simulation of any form of casino gambling.'

This language obviously doesn't refer to the internet as we know it today, given the era in which it was written. Even so, many legal experts who specialize in iGaming issues believe that online gambling could very well be interpreted as 'electronic or electromechanical imitation or simulation' of casino games.

And unlike most states which don't adequately address online gambling, Idaho actually makes playing a banned game a misdemeanor under the state penal code. That means an online blackjack fan in Idaho could, theoretically, be charged with a crime for doubling down via their laptop.

Of course, no such cases have been recorded, and chances are good that they never will be. Unless state lawmakers choose to explicitly ban online gambling, the current 'grey zone' status quo will remain in place, leaving players free to make their own choices from the barebones selection of US-facing operators.

There are many off-shore gambling sites that offer services to Idaho residents and some of them are very good options for people looking to gamble online. We list highest recommended below.

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Idaho Gambling FAQ