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Home » US Poker Laws – State by State Reviews » North Carolina Legal Gambling & Poker

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North Carolina Legal Gambling & Poker
Last Updated January 6, 2021

Poker is alive and well in North Carolina, despite the attempts by naysayers and politicians to suppress the game. With few real-money poker options available in the home state, poker players from NC have turned in record numbers to the next-best thing: Online poker.

While hard numbers regarding participation in real-money online poker games in the state are hard to come by, we do know that several new players from North Carolina visit our page and sign up at poker sites every day. To simplify that task, here’s a quick look at everything you need to know in one handy place with our North Carolina Online Poker Guide.

The Top Legal Poker Sites for North Carolina

Once you’ve decided to play online poker, the next step is choosing a site. But what sites best meet the needs of poker players from North Carolina? Based on our direct experience with dozens upon dozens of poker sites online, we’ve selected the following rooms as the best starting points for real money poker:

Poker Sites Open to Players From Your State
Bovada$500 Bonus3-4 Day PayoutsAccepts Visa, Bitcoin, Wires
Ignition$2000 Bonus3-4 Day PayoutsAccepts Visa, Bitcoin, Wires
Intertops$600 Bonus5 Day PayoutsAccepts Visa, Wires
BetOnline$2500 Bonus5-7 Day PayoutsAccepts Visa, Bitcoin, Litecoin, Wires
Sportsbetting$2500 Bonus5-7 Day PayoutsAccepts Visa, Bitcoin, Litecoin, Wires

Recent Gambling Happenings in North Carolina

There is little gambling to be found in North Carolina. The one fully-functional casino in the state is Harrah’s Cherokee, owned by the Eastern Band of Cherokee Indians on their land via a gambling compact with the state. Caesars Entertainment manages the property. Harrah’s Cherokee has become the home of the annual WSOP Global Poker Championship and draws a sizeable poker crowd.

There is also Cherokee Tribal Bingo on the same land, but it does not have a poker room or the range of games available as does Harrah’s Cherokee.

The year 2019 was a pivotal one for some expansion to North Carolina gambling. It started in May with legislative and gubernatorial approval of a long-debated bill to legalize charitable casino nights. This allows designated charitable organizations to host casino nights that offer table games like blackjack and roulette solely to raise funds for charity.

In July 2019, Governor Roy Cooper also signed legislation to legalize sports betting. North Carolina became the 17th state in America to do so. Bets were allowed at the Cherokee establishments for professional and collegiate sports games starting in 2020.

There have been no attempts to tackle online poker or internet gambling of any kind in North Carolina.

North Carolina Gambling & Poker Laws Summarized

Type/CodeSummary
State Code Section(s)14.37.289-309; 16.1-2; 18C
Definition of GamblingAny person or organization that operates any game of chance or any person who plays at or bets on any game of chance at which any money, property or other thing of value is bet, whether the same be in stake or not, shall be guilty of a Class 2 misdemeanor.
Online Poker/GamblingThere have been no efforts to legalize and regulate any type of online gambling in North Carolina.
Live PokerPoker is offered in the one fully-functional tribal casino in the state, with both cash games and tournaments available there.
CasinosOne tribe in North Carolina secured a gambling compact with the state to operate gambling establishments on its land, and of those, only one is a casino operated with Harrah’s to offer everything from slots to poker.
Sports BettingThere have been no proposals via the legislature to legalize any type of sports betting.
DFSA bill introduced in 2017 to legalize paid-entry fantasy sports games did not make it to the legislature floor for a vote. There was no follow-up bill put forward in 2018.
Other Forms of GamblingBingo and raffles for charitable organizations, lottery.
Online poker in north carolina

Is Online Poker Legal in North Carolina?

Gambling law is a tricky area, and any poker site that promises to give you authoritative advice regarding the legality of online poker or gambling is probably not telling you the whole truth.

What exactly is the whole truth? Well, gambling online for real money may be in conflict with the laws of US states. The problem is, very few directly mention online poker or other forms of Internet gambling, so the question of legality becomes one more of opinion than fact. As a result, you should consult a lawyer with experience in state gaming law before taking any answer as definitive.

Poker In North Carolina

Having such a conversation will be easier if you are already educated on the basics of the law. To that end, here are some of the fundamental aspects of North Carolina gambling law:

Here’s how the state defines gambling:

“Except as provided in Chapter 18C of the General Statutes or in Part 2 of this Article, any person or organization that operates any game of chance or any person who plays at or bets on any game of chance at which any money, property or other thing of value is bet, whether the same be in stake or not, shall be guilty of a Class 2 misdemeanor” (Section 14-292).

If you’re wondering about those exceptions, they refer to the state lottery and charitable gambling that is overseen by the state.

Unfortunately, there is no further definition of “game of chance” found in North Carolina law. Based on case law involving gambling charges in the state, it appears that poker would qualify as a game of chance.

There is no obvious exemption for private or “social” gambling in North Carolina. While games played in public (or public establishments) may bring additional charges, a social game between friends in the home does not technically comport with North Carolina law.

North Carolina law allows for the seizure of all items employed in illegal gambling – including the money used in a game of poker (Section 14.299).

There is no specific mention of gambling that occurs online in North Carolina law.

To learn more about gambling law in North Carolina, visit this link below and review the state statutes directly.

Could North Carolina Potentially Regulate Online Poker?

Anything could happen, but there’s precious little to indicate that such a thing is probable in North Carolina. While over a dozen US states have taken some public action in the general direction of regulation following the Department of Justice’s 2011 rethinking of the Wire Act, North Carolina has yet to even take the most basic of steps toward the goal of regulating online poker sites in NC. As we’ll discuss below, there are a number of types of gambling likely ahead of online poker in line, making the chances of North Carolina-regulated poker games online even dimmer still.

North Carolina Gambling Facts

North Carolina has essentially fought gambling expansion at nearly every turn. The state was very late to the lottery, selling their first ticket in 2006. The state also battled fiercely (albeit unsuccessfully) against the tribes who sought to open casinos within North Carolina’s borders. As a result, North Carolina has one of the briefest and most limited histories with gambling of any state in the US.

Famous North Carolina Poker Players

Since the poker room in North Carolina at Harrah’s Cherokee is fairly new, most professional poker players who hail from the Tar Heel State found their passion for the game through home games and via online poker.

Greg Raymer was one of those players to hone his poker skills online and at poker rooms around the US. He spent many years playing poker as a hobby while working as a patent attorney for major companies like Pfizer. However, when he won the 2004 World Series of Poker Main Event for $5 million, he put his law career on hold. Raymer became a sponsored poker pro for PokerStars and went on to be a skilled mixed game player. His earnings through November 2019 in live poker tournaments only add up to more than $7.8 million.

Chris Hunichen is another skilled poker pro from North Carolina, earning more than $7 million in live tournaments to date. But he, like Mike Sowers, garnered the majority of his poker abilities and earnings playing online poker for many years.

Mark Newhouse is a longtime poker pro, famous for final tabling the WSOP Main Event and finishing ninth in 2013 and 2014. He has more than $3.5 million in earnings.

As of 2021, the top-ranked poker pros from North Carolina (in the live tournament arena) are:

1. Greg Raymer ($7.8 million)
2. Chris Hunichen ($7 million)
3. Mark Newhouse ($3.5 million)
4. Mike Sowers ($3.4 million)
5. Anthony Spinella ($3.4 million)
6. Chris Bell ($3.2 million)
7. Mike Gracz ($3.1 million)
8. Carter Phillips ($2.7 million)
9. Randal Flowers ($2.2 million)
10. Nicholas Maimone ($2.1 million)

Sources & Citations For This Article on North Carolina Online Poker

Important NC Notes

  • NC poker players play for real money legally at offshore sites
  • There are no bills in the NC legislature on internet poker
  • Their has been gambling expansion in NC recently
  • Lottery, charitable gaming, and tribal casinos allowed
  • Commercial casinos, pari-mutuel, and racetracks are illegal
The Eastern Band of Cherokee Indians are looking to potentially build its third casino in the state. They are looking to spend roughly $61 million for a 200 room casino hotel with 25,000 square feet of gaming space, 250 slots, and 20 table games.
RECOMMENDED POKER WEBSITE FOR North Carolina
With no proactive approach by the state for licensed online poker, players have turned to the offshore emporium. BetOnline continues to withhold a stance that an offshore license lets them accept poker players from NC, and players are not doing anything unlawful by playing for real money.

“Reviewed by Chuck Humphrey – 50 year Gaming Law Practitioner”

Where To Play Poker In North Carolina

Though online poker is not directly mentioned in the North Carolina statutes, it is held illegal in the state to operate an online poker site. The only poker permissible is in the Indian tribal casino. All other forms of poker, including online poker, are illegal to operate within the state. Since North Carolina has not specifically legalized operating an online poker business, it is therefore deemed illegal. However, federal law does not make playing an illegal activity.

Future Outlook of Online Poker in North Carolina – Estimated date of legalization: 2020-2021

The following graph tracks our expected legislation of online poker in North Carolina 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.

Recent Activity
North Carolina is a gambling unfriendly state. The legislators are expending all their effort in trying to restrict various forms of land based gambling. Certain strong public interest groups are also against online gambling. When the Federal government said that the UIGEA does not prevent states from enacting online gambling legislation, family-centric groups from 13 states, including the North Carolina Family Policy Council, asked the Congress to prevent states from legalizing online gambling[A] and to strengthen the antigambling provisions of the UIGEA. Some legislators, such as Senator David Hoyle, D-Gaston, had in 2010 tried to legalize electronic gambling machines[B] under the state lottery. However, they were unsuccessful. In such a scenario the future outlook for legalized online poker websites in North Carolina is bleak.

Current Gambling Laws in North Carolina

Gambling is covered under Chapter 14 Criminal Law[C] of the North Carolina General Statutes. The specific section is Article 37 of Subchapter XI titled General Police Regulations. Part 1 deals with the Lotteries and Gaming and Part 2 deals with Bingo and Raffles. Section 14-292 on Gambling states, “any person or organization that operates any game of chance or any person who plays at or bets on any game of chance at which any money, property or other thing of value is bet, whether the same be in stake or not, shall be guilty of a Class 2 misdemeanor.” Specifically permitted forms of gambling are excluded from the purview of this section.

Continuing offenses will be treated as felony and will incur the following additional punishment under Section 14-7.20. (1) The profits obtained by the person in the enterprise, and (2) Any of the person’s interest in, claim against, or property or contractual rights of any kind affording a source of influence over, such enterprise.

History of Gambling in North Carolina

Gambling debts greater than £100 abolished.
All gambling debts invalidated, gambling in public banned, and gambling losses limited to 40s a day.
Poker In North Carolina
Anti gambling laws repealed and taxes imposed on playing cards and dice.
First greyhound racing track sanctioned by General Assembly.
Charitable bingo allowed in first in Mecklenburg County.
All greyhound racing tracks closed.

Poker Machines In North Carolina

Laws allowing charitable raffles passed.
State wide laws allowing bingo and raffles for non profit organizations.
Eastern Band of Cherokee Indians start high stakes bingo on their territory.
Gaming compact with Cherokee Indians for casino with electronic games of skill.
Restrictions on video poker machines imposed.
North Carolina Education Lottery established.
Video poker machines completely banned.
Gaming compact with Cherokee Indians for table games in casino.
Sweepstake parlors banned.
On September 28th, the $110 million Cherokee Valley River Casino & Hotel opened.

Land Based Poker in North Carolina

Home poker games are not allowed in North Carolina because they are covered by illegal gambling as defined by Section 14-292[D] cited earlier. Most states that hold poker as illegal at unlicensed locations, exempt home poker games provided no rake is taken. However, this is not the situation in North Carolina.

Charity Poker Tournaments

Charity poker tournaments are also not exempted from the general ban on gambling. Therefore, holding charity poker tournaments is illegal in North Carolina. The only forms of charity gambling allowed are bingo and raffles.

Online Poker North Carolina

Live poker has been permitted in North Carolina only in the licensed Harrah’s Cherokee tribal casino which went into affect in 2012. However, there have been agencies trying to exploit the value of live poker tournaments to their businesses from quite some time according to an article in Poker News[E]. One of them is the Poker Tavern League, which has over 2,500 members and aims to host poker tournaments in various bars across the state. Ryan Turner, one of the organizers, has expressed an opinion that the state’s gambling laws are open for interpretation from county to county. The Poker Tavern League website states that prizes will be offered where legal and that the host organization should check the local laws. The Graduate, a Charlotte restaurant, offers poker twice a week but without any prizes so as to remain within the law.

Charlotte-based 5th Street Entertainment LLC hosted free to play poker tournaments with prizes like trips to Las Vegas as promotional events for businesses. After they were stopped by the authorities, they filed a suit in Guildford County court for declaration of their games as legal in 2005. Nothing came of the law suit and subsequently the poker tournaments were held for bragging rights only.

Gambling Laws in North Carolina

Summary

Is Poker Legal In North Carolina

North Carolina falls within the Bible belt states of America and has an extremely hostile attitude towards gambling. The only legal forms of gambling are the state lottery, charitable bingo and raffles, and two Indian casino.

There are no casinos in North Carolina other than the single tribal casino (soon to be two tribal casinos).

Tribal Casinos

North Carolina has only one federally recognized tribe, the Eastern Band of Cherokee Indians. This tribe owns Harrah’s Cherokee casino on its Qualla Boundary territory in the Great Smoky Mountains, and the new Cherokee Valley River Casino & Hotel scheduled to open in September of 2015. The casinos are operated by Caesars Entertainment Corporation. The gambling permitted there has been forced by federal regulations rather than state initiatives. The tribe started high-stakes bingo games in 1982, based on a federal court decision that exempted Indian reservations from state limits on bingo prizes. Then in 1994, the tribe reached a compact with the Governor under the Indian Gaming Regulatory Act for offering electronic games requiring skill or dexterity. The $82-million casino opened in November 1997. A new compact in 2012 led to the casino offering table games like roulette, blackjack, craps and poker.

The second Indian casino broke ground on October 15, 2013, called the Cherokee Valley River Casino & Hotel. It is scheduled to open in September 2015 and will employ 900 people with $39 million in annual wages to those employees. The casino will host 50,000 square-feet of gaming space as well as 300 hotel rooms.

A September 2013 report in TheOneFeather.com[F] states that the Catawba Indian tribe of South Carolina has expressed the demand to be allowed to operate a casino in Cleveland County of North Carolina. This has been opposed by the Cherokee Indians.

Wagering on horse races was never allowed in North Carolina. However, two greyhound tracks with pari mutuel wagering operated in Morehead City and Moyock from 1948 to 1954. These were closed by a North Carolina Supreme Court order that the state constitution had been violated by granting a monopoly and giving special privileges to a private entity.

Charitable Gambling in North Carolina

Charitable Gambling is covered under Subchapter XI Article 37[G]. Exempt organizations as defined in Section 14-309.6(1) of the North Carolina statutes are allowed to operate bingo games, excluding instant bingo, for fund-raising. The organization must receive a bingo license from the Department of Public Safety, and may run at most two sessions per week, with prizes not exceeding $500 per game. Under Section 14-309.15 exempt organizations can also run up to two raffles per year, with cash prizes not exceeding $10,000 per year and non-cash prizes not exceeding $50,000 per year. Unregulated bingo games with prizes of $10 or less, referred to as “beach bingo”, may be run commercially with few limitations that have been stipulated under Section 14-309.14.

Lottery is the biggest gambling medium in North Carolina. Historically, there are examples of isolated lotteries allowed to raise money for various good causes. Under Chapter IV of the Acts of North Carolina General Assembly, 1761[H] a lottery to raise £200 for navigation improvements on the New River was approved. However, the modern lottery came late to North Carolina, being established only in 2006. The enactment of House Bill 1023[I] added Chapter 18C to the statutes by which the North Carolina State Lottery Commission came into being. Under its oversight the commission created the North Carolina Education Lottery[J]. Today a number of lottery draws and scratch-off games are offered, including the national Mega Millions and Powerball games.

Electronic Gambling Machines in North Carolina

Today electronic gambling machines are banned in North Carolina, except at Harrah’s Cherokee, but this was not always the case. At one time video poker machines were rampant. Regulations enacted in 2000 put a limit of three machines per location and banned the installation of new machines. In 2006, an article in Star News[K] estimated there were 10,000 legal machines and 20,000 illegal machines in North Carolina. The legislature ultimately enacted a complete ban on video poker machines in 2007.

Thereafter, sweepstakes parlors flourished. These exploited a legal gray area by offering chances to win when customers purchase Internet or phone time. The state General Assembly passed laws banning the parlors in 2010, but certain operators went to court and the ban was struck down in the appellate court. The North Carolina Supreme Court reversed the order of the appellate court in its judgment of December 2012[L] and the ban took effect in January 2013. An article in Wral.com[M] states that some operators have come up with new “pre-reveal” software that shows the player their prize before the game is played. The operators contend that this game does not violate the law. However, raids are being conducted to close down the parlors and the operators have filed an appeal in the US Supreme Court.

Author:Joseph Falchetti (twitter)
(C) Copyright PokerWebsites.com, 2018

References and Citations

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