Maine Online Poker
Are Online Casinos or Online Poker Rooms Legal Under Maine Law? There is no specific aspect of Maine law that we could find in our research addressing online or Internet gambling. Players - exempt from. Online poker in Maine is a fine form of recreation particularly when it's cold outside and you'd rather remain indoors. There are no laws penalizing Maine online poker players, so you can enjoy the game in.
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Relevant state code: 17-A §951 et seq.; 8§301; 8§285 et seq.; 8§261A, et seq.
Known more for lobsters than for anything having to do with gambling, Maine takes what most would consider to be a fairly strict approach to regulating gambling. The definition of gambling under Maine law is very broad:
Section 952(4)
Staking or risking something of value upon the outcome of a contest of chance or a future contingent event not under his control or influence, upon an agreement or understanding that he or someone else will receive something of value in the event of a certain outcome
Additionally, Section 952(11) defines 'unlawful' gambling as anything 'not expressly authorized by statute,' suggesting that any gambling not explicitly regulated or permitted is by definition illegal gambling in Maine.
The phrase 'contest of chance' is certainly a critical one to Maine's definition of gambling, and the sweeping statutory definition of 'contest of chance' only further widens the scope of what Maine considers to be gambling. You can review the complete definition here; the short version is that the presence of nearly any element of chance is enough to brand a game a 'contest of chance' if a wager is involved.
What legal consequences do those who violate Maine gambling law potentially face? Good news on this front for players: There appear to be no specific risks for those who merely participate in illegal gambling. Our reading of Maine law, supported by additional research such as this paper from GamingLawMasters, is that there are no penalties for players even if they are involved in a game that is itself illegal.
As is the case in nearly every state in the US, Maine is not so lenient when it comes to those who profit from illegal gambling as operators. Those charged with Aggravated Gambling - essentially 'advancing or profiting' from unlawful gambling other than as a mere player - face up to 10 years in prison and a $20k fine.
Our research found no significant body of charges brought by Maine officials against either participants in unlawful gambling or operators of unlawful gambling businesses.
What Can You Legally Gamble on in Maine?
Those in Maine have access to commercial casinos, a state lottery and harness horse racing. Dog racing is a no-go in Maine. The Penobscot Tribe offers 'high stakes bingo' in the state, but the larger issue of tribal gaming in Maine is a complicated one.
Maine has a statutory exemption for social gambling. Their definition of what constitutes social gambling is fairly standard:
Section 952(4)
'Social gambling' is gambling, or a contest of chance, in which the only participants are players and from which no person or organization receives or becomes entitled to receive something of value or any profit whatsoever, directly or indirectly, other than as a player, from any source, fee, remuneration connected with said gambling, or such activity as arrangements or facilitation of the game, or permitting the use of premises, or selling or supplying for profit refreshments, food, drink service or entertainment to participants, players or spectators.
Charitable gambling is permitted in a variety of forms under the laws of Maine. For a complete rundown of the rules, consult this hand book from the Main State Police; the short version is that bingo, beano and a variety of 'games of chance' are permitted in licensed charitable environments.
Is Playing Poker Illegal in Maine?
If you are playing in a social game that meets the requirements of Maine law, you should have no problem playing poker.
In fact, it's unclear if there are any situations where a person could merely play poker for real money and be acting illegally in Maine. Since Maine does not appear to criminalize the actions of the individual gambler who does not otherwise advance or profit from the game except for their actual play in the game, it's hard to see how playing poker itself could be legally problematic.
Poker itself is almost certainly considered a 'game of chance' under Maine law and therefore operating a poker game for profit without a license from the state would be considered unlawful gambling.
Are Online Casinos or Online Poker Rooms Legal Under Maine Law?
There is no specific aspect of Maine law that we could find in our research addressing online or Internet gambling.
Players - exempt from charges under Maine law - should not have any legal trouble arise from playing poker online or otherwise playing games at an online casino. This is, of course, only one reading of the law and not a settled matter, but one could easily conclude that Maine's lack of criminal liability for individual gambles extends fully to online gambling in the state.
Operators would likely run afoul of Maine law by accepting bets from Maine residents. With that said, we were not able to locate instances where operators of online gambling businesses were charged or prosecuted in Maine.
Maine Gambling Laws: Fun Facts
If you are an operator of an illegal gambling business in Maine, size matters. Taking more than five bets totalling over $500 in a 24 hour period is a Class B offense, while amounts under those thresholds are only a Class D crime.
Shuffling a deck as part of a game of cards is sufficient to qualify that game as a 'game of chance' under Maine law.
Online Gambling News from Maine
Maine has made a few online gambling headlines in 2012; in January several legislators suggested that Maine needed to update its gambling laws to regulate online activity; in March legislators introduced a bill to allow online lottery sales in the state.
The Chances of Maine Regulating Online Poker Are ...
… Minimal. Voters recently rejected gambling expansion on two fronts in recent Maine elections, and the state's small population (about 1.3 million) makes it an unlikely - some would argue implausible - market for an online poker room.
However, one could conceive of Maine as a partner in a much larger interstate poker network, especially if the state continues to move in the direction of establishing a framework for regulating online gambling via the state lottery.
All in all, Maine will likely play a very minor role in the larger battle over the regulation of online poker in the US, and is almost certain to be a follow
By
Last Updated November 5, 2020
Playing poker in the state of Maine, aside from the occasional game among friends, has long presented a bit of a challenge. That challenge was lessened dramatically by the dawn of online poker, which brought the game into the home of millions of players who otherwise might have never taken the opportunity to play for stakes.
Playing online poker in Maine is as easy as creating an account, making a deposit and choosing a table. The whole thing takes less than five minutes at the major sites, and you can usually deposit right there with a credit card. There are literally dozens of sites welcome Maine poker players – including all of the rooms on our real-money poker page.
While online poker is more or less the same as a game among friends, there are still some important things players should know about the law, regulation and related issues in this guide to Playing Online Poker in Maine.
| Type/Code | Summary |
|---|---|
| State Code Section(s) | 4.141-278; 4.501-739; 14.90; 27 |
| Definition of Gambling & Player | Gambling: The intentional conducting, or directly assisting in the conducting, as a business, of any game, contest, lottery, or contrivance whereby a person risks the loss of anything of value in order to realize a profit. Gambling has long been recognized as a crime in the state of Louisiana and despite the enactment of many legalized gaming activities remains a crime. Gambling by computer: The intentional conducting, or directly assisting in the conducting as a business of any game, contest, lottery, or contrivance whereby a person risks the loss of anything of value in order to realize a profit when accessing the Internet, World Wide Web, or any part thereof by way of any computer, computer system, computer network, computer software, or any server. Gambling which occurs via the Internet embodies the very activity that the legislature seeks to prevent. |
| Online Poker/Gambling | A bill was introduced in the Louisiana legislature in 2018 to address the legalization of online poker and casino games. It would have allowed each parish in the state to vote on legalizing online gaming. The bill did not pass but will likely be discussed again in 2019. |
| Live Poker | There are poker rooms offering cash games and tournaments in most of the major riverboat and Native American casinos, as well as some of the racinos (race tracks with casino games). |
| Casinos | There are Indian-run casinos per the Indian Gaming Regulatory Act of 1988, riverboat-type casinos, and horse tracks converted into racinos. There are more than two dozen open in 2018. |
| Sports Betting | There is a bill under consideration in 2018 to legalize sports betting per the US Supreme Court decision to overturn PASPA. |
| DFS | A bill to legalize daily fantasy sports was bundled with other type of online gaming in 2018 and did not pass. |
| Other Forms of Gambling | Horse and dog racing, pari-mutuel betting, charitable gambling, lottery, bingo and keno, social gambling, slot machines at racetracks. |
Online Poker in Maine
Maine Online Poker Sites
You’re looking for an online poker site. What do you want? You want fair games, your money to be secure, depositing to be easy and bonuses to be high-value. However, it’s not always easy to tell at first glance which online poker sites offer these qualities. That’s where our list of the best Maine online poker sites comes into play. It takes all that and more into account when determining which poker rooms are the best for players from Maine.
Is Online Poker Legal in Maine?
The legality of online poker is an open question in nearly every US state, and Maine is no exception. State law is notoriously slow to keep pace with modern development, and the same can be said for the gambling laws of Maine, which do not directly address the issue of playing at an online poker room. To aid poker players in their legal research, here are a few key parts of Maine statutes concerning gambling and poker:
The definition of gambling found in Maine law is a standard one. Gambling is when you risk “something of value” on a “contest of chance” or an event that isn’t under your “control or influence” (Section 952(4)).
Unlike some other states, Maine law specifically spells out what a “contest of chance” is. There must be something staked or risked, the rules of the contest involve an element “determined by chance” and chance must play a role in the outcome of the game that can’t be “eliminated through the application of skill” (Section 952(3)).
In case you were wondering, the shuffle of the deck in a game of poker qualifies as such an element per Maine law. Section 952(C) offers a list of events that qualify, which “includes but is not limited to a shuffle of a deck or decks of cards, a roll of a die or dice or a random drawing or generation of an object or objects that may include, but are not limited to, a card or cards, a die or dice, a number or numbers or simulations of any of these.” In fact, the shuffle of a virtual deck of cards is clearly covered by the definition as well.
There are no obvious penalties for players under Maine law. You can run into trouble if you engage in some forms of underage gambling, but mere participation in an illegal gambling activity doesn’t seem to risk criminal exposure.
The core anti-gambling charge in Maine law is “unlawful gambling” (Section 954 (1-A)), which is aimed at one who “advances or profits” from unlawful gambling. It should be noted that the definition of advancing gambling activity found in Maine law (Section 952(1)) is very broad and could potentially include just about anyone involved with the activity in any role (promotional, support, financing) besides that of player.
The complete Maine statutes are available below. While we’ve picked out what we consider to be the most important parts for online poker players, it’s always a good idea to be familiar with state gambling law in general – and remember to contact a lawyer for anything other than a casual inquiry into the law.
Maine Online Poker Rules
Will Maine Regulate Online Poker?
Maine falls squarely into the category of states who are likely to come along for the ride if online gambling regulation gains national momentum. Maine hasn’t been immune from the budget crunch facing other US states, and there appears to be little built-in opposition to online gambling expansion. If online gambling catches on nationally, then expect Maine to ride that trend; if progress stalls at the national level, so will the state’s chances of regulating online poker.
Maine Gambling Facts
Gambling played a part in the early days of Maine, along with just about every New England state. Lottery and raffle-style games were the forerunners of the modern gambling industry of Maine, which developed in fits and starts over the course of several decades. While Maine approved a state lottery fairly early in the game back in 1973, it wasn’t until over 30 years later that the next major expansion of gambling would take place in the state. That came in 2004 when voters turned out in favor of a proposal to allow slots at racetracks in the state.
Regulated Gambling Options in Maine
The one thing you couldn’t find in Maine until recently: Casinos. Neither commercial casinos nor tribal gambling options made the list of regulated gambling choices in Maine back in 2011, which does include a state lottery, a variety of charitable-type gambling and pari-mutuel wagering. A 2012 addition to the state’s landscape – the Oxford Casino – brought Maine into the ranks of states offering commercial casinos.
Does Maine Offer any Regulated Online Gambling?
A survey of the state at the time of this article revealed that no online gambling options are directly regulated by the State of Maine. As noted in our above analysis, Maine could easily switch course and regulate a variety of online gambling activity in a relatively small time frame, but in the status quo poker players from Maine must rely on sites licensed by international jurisdictions.
All Poker and Gambling Laws by State
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Maine Gambling Resources
Gambling Control Board . The definitive resource for issues of gambling law and regulation in the state of Maine. In addition to other features, Maine offers live streaming of GCB meetings when the board is in session.
Maine Online Poker Tournaments
UNLV Gaming Research: Maine . Comprehensive but concise overview of the regulated gambling industry in Maine. Includes timeline, basic financials and a quick survey of gambling revenue sharing arrangements.
Maine Online Poker Rules
Maine State Lottery . Official home for the Maine State Lottery. Learn more about the history and finances of the oldest regulated gambling activity in Maine.