Oklahoma is the 20th largest state in the US, home to the 28th largest population of 3,850,568 (est. 2013). Oil, natural gas and agriculture are major contributors to the economic gain of the state. While casino gambling is not considered legal, nor is it regulated by any state agencies, being home to a wide variety of Native American tribes, Oklahoma also caters to the gambling desires of the community by way of several dozen tribal casinos. However, because the state does not dip its hands into the regulatory process, the prospect of a legal online poker framework is slim in Oklahoma.
Internet poker games were big business in the US prior to Black Friday, and many Americans now believe that, unless they live in the regulated states of Delaware, Nevada or New Jersey, it must be illegal to play poker online. That’s not always the case. By examining the express gambling laws of Oklahoma, we should be able to identify whether online poker is legal, illegal or in one of those murky, grey areas of the law.
Land-based Gambling in Oklahoma
Gambling saloons were rampant in Oklahoma in the mid to late 1800s, but like most US territories, the activity was prohibited by law. The state’s first world class pari-mutuel horse racing track didn’t open until 1988 – the same year the federal government passed the IGRA (Indian Gaming Regulatory Act). Immediately, Native Americans began negotiating tribal compacts with the Sooner State. In the early 1990s, the first tribal casinos began opening their doors to the public, offering bingo and casino style gambling. Between 2004 and 2006, lawmakers passed and amended laws to allow racetracks to offer restricted casino gaming on the side, and established the Oklahoma State Lottery. Ostensibly, the Sooner State is perfectly acquiesce to filling its tax coffers with gambling related funds, and according to the terms of Oklahoma’s tribal gaming compacts, collects 4-6% off the top of their AGR as well.
Deciphering the Laws of Oklahoma as they relate to Online Poker
The Oklahoma State Court Network provides access to the state’s most up to date legislation. The Oklahoma Statues, Chapter 28 of Title 21, covers all gambling related matters. The ensuing excerpts are taken from that text, followed by a concise meaning for clarification purposes.
| Section | Text | Meaning (in re online poker) |
| 21-38-941 – Gambling – Conducting – Penalty – Felony | Except as provided in the Oklahoma Charity Games Act, every person who opens…or who conducts…or carries on either poker, roulette, craps or any banking or percentage, or any gambling game played with dice, cards or any device, for…any representatives of value, or who…deals for those engaged in any such game, shall be guilty of a felony…punished by a fine of not less than Five Hundred Dollars ($500.00), nor more than Two Thousand Dollars ($2,000.00), and by imprisonment…for a term of not less than one (1) year nor more than ten (10) years. | This law applies to operators of the listed gambling amusements, not players. The important part here is the list of games deemed illegal (unless conducted in accordance with Oklahoma laws). Note that poker is on that list of gambling activities. |
| 21-38-942 Gambling – Playing – Penalty | Any person who bets or plays at any of said prohibited games, or who shall bet or play at any games whatsoever, for…representatives of value with cards, dice or any other device which may be adapted to or used in playing any game of chance or in which chance is a material element, shall be guilty of a misdemeanor… punished by a fine of not less than Twenty-five Dollars ($25.00), nor more than One Hundred Dollars ($100.00), or by imprisonment in the county jail for a term of not less than one (1) day, nor more than thirty (30) days, or by both such fine and imprisonment. | To play at any of the games listed in the above section (21-38-941), including poker, at an unauthorized location, is illegal. Anyone convicted of wagering at illegal gambling is punishable by 1-30 days in jail and/or $25-$100 fine. |
| 21-38-943 – Gambling Paraphernalia – Disposition | The magistrate or justice of the peace to whom anything suitable to be used for gambling purposes…as provided by law shall…determine…whether it was actually intended or employed by the accused or others in violation of the provisions of this article; and if he finds that it is of a character suitable to be used for gambling purposes, and that it was actually employed or intended to be used by the accused or others…he shall so find and cause the same to be delivered to the sheriff to await the order of the district court… the… equipment… may be sold and the proceeds thereof placed in the court fund of said county… | By this section of the law, it is possible that, if a person were to be arrested for playing real money online poker, the computer or mobile device they used to play could be confiscated and disposed of, or sold to benefit the state. |
| 21-38-981 – Definitions | 1. A “bet” is a bargain in which the parties agree that, dependent upon chance, or in which one of the parties to the transaction has valid reason to believe that it is dependent upon chance, one stands to win or lose something of value specified in the agreement. A bet does not include: a. bona fide business transactions which are valid under the law… b. any charity game conducted pursuant to the provisions of the Oklahoma Charity Games Act; or c. offers of purses, prizes or premiums to the actual participants in public and semipublic events, as follows, to wit: Rodeos, animal shows, hunting, fishing or shooting competitions, expositions, fairs, athletic events, tournaments and other shows and contests where the participants qualify for a monetary prize or other recognition. This subparagraph further excepts an entry fee from the definition of “a bet” as applied to enumerated public and semipublic events. |
Part “c” of this section alludes to the fact that poker tournaments might be a legal activity, even when a fee is paid, so long as the participants qualify for a prize or recognition. However, poker is not on the list, and the contest must be public or semipublic to fall under this rule. Therefore online poker tournaments probably wouldn’t be legal by this definition. |
| 3. A “gambling device” is a contrivance designed primarily for gambling purposes which for a consideration affords the player an opportunity to obtain something of value, the award of which is determined by chance… | A computer or mobile device is not designed primarily for gambling purposes, therefore should not be defined as a gambling device, even if used to play online poker for real money. However, such devices could be considered gambling paraphernalia, as defined by 21-38-943 above. |
Is Online Poker Illegal in Oklahoma?
Probably. Poker is clearly defined as gambling, and any form of gambling that is not conducted under the Oklahoma Charity Games Act, or by an authorized racetrack or tribal casino, is unlawful. There are some minute loopholes one might be able to use to circumvent the law, such as the definition of a “bet”, which states public or semipublic tournaments where participants pay an entry fee in hopes of qualifying for a prize, but it would take a skilled attorney to convince a judge that online poker tournaments should fall under that definition.
All in all, it does appear that online poker is illegal in Oklahoma. If convicted, the player would spend 1-30 days in jail and/or pay a $25-$100 fine, plus the computer or mobile device used to play could be confiscated and disposed of or sold by the state.
Is Oklahoma working to legalize Online Poker?
No. Throughout the history of gambling in Oklahoma, the state has never personally regulated any form of casino gambling. The dozens of tribal casinos in the Sooner State have always been left to handle their own regulatory matters. The state only provides rules for horse racing tracks and the state lottery. The chances that Oklahoma would suddenly choose to author extensive regulations for an online poker market are slim to none. However, there is still hope for iGaming in the Sooner State.
The Iipay Nation of Santa Ysabel in California recently launched an iGaming website with the explicit intent of converting to real money online poker games. According to the terms of the IGRA, tribes may conduct Class II gaming, which includes:
“card games that…are explicitly authorized by the laws of the State, or…are not explicitly prohibited by the laws of the State and are played at any location in the State, but only if such card games are played in conformity with those laws and regulations…of the State regarding hours…limitations on wagers or pot sizes in such card games.”
The Santa Ysabel tribe has delayed it’s real money conversion of the online poker room, but if and when the launch occurs, if all goes well (i.e. without successful legal backlash from the state), it could open the doors for tribes in all states where class II gaming is permitted on Native American lands. Thus Oklahoma would be a prime candidate for tribal online poker sites.
Online Poker Players from Oklahoma
There is no shortage of online poker players from Oklahoma, but the majority of them do strive to keep their identity concealed due to the state’s current legal framework. Known online poker players from Oklahoma include Jordan “iMsoLucky0” Morgan, Jason “726622” Anderson, Frankie “kidfromokc1” Waters, David “p0lecat” Pool and Zane “TooCold21” Houck.
Land-Based Card Rooms in Oklahoma
The Sooner State could be compared to the Las Vegas Strip in terms of the vast number of casinos in Oklahoma. There more than 50 Native American tribal casinos dotting the state map, many of which do offer live poker action. Note that none of the racinos in the state are equipped with poker rooms.
Ada Gaming Center
Location: Ada, OK
Poker Room: No
Buffalo Run Casino
Location: Miami, OK
Poker Room: No
Cash Springs Gaming Center
Location: Sulphur, OK
Poker Room:
Cherokee Casino Fort Gibson
Location: Fort Gibson, OK
Poker Room: No
Cherokee Casino Ramona
Location: Ramona, OK
Poker Room: No
Cherokee Casino Roland
Location: Roland, OK
Poker Room: Yes
Cherokee Casino Sallisaw
Location: Sallisaw, OK
Poker Room: No
Cherokee Casino Tahlequah
Location: Tahlequah, OK
Poker Room: No
Cherokee Casino West Siloam Springs
Location: Siloam Springs, OK
Poker Room: Yes
Cherokee Casino Will Rogers Downs
Location: Claremore, OK
Poker Room: No
Chisholm Trail Casino
Location: Duncan, OK
Poker Room: No
Choctaw Casino Resort Durant
Location: Durant, OK
Poker Room: Yes
Choctaw Casino Broken Bow
Location: Broken Bow, OK
Poker Room: No
Choctaw Casino Grant
Location: Grant, OK
Poker Room: No
Choctaw Casino Idabel
Location: Idabel, OK
Poker Room: No
Choctaw Casino McAlester
Location: McAlester, OK
Poker Room: No
Choctaw Casino Pocola
Location: Pocola, OK
Poker Room: Yes
Choctaw Casino Stringtown
Location: Stringtown, OK
Poker Room: No
Choctaw Casino Stigler
Location: Stigler, OK
Poker Room: No
Comanche Red River Casino
Location: Devol, OK
Poker Room: No
Creek Nation Casino of Eufaula
Location: Eufaula, OK
Poker Room: No
Creek Nation One Fire Casino of Okmulgee
Location: Okmulgee, OK
Poker Room: No
Eastern Shawnee Indigo Sky Casino
Location: Wyandotte, OK
Poker Room: Yes
FireLake Casino Shawnee
Location: Pottawatomie, OK
Poker Room: Yes
Grand Casino Hotel Resort
Location: Shawnee, OK
Poker Room: Yes
Gold Mountain Casino
Location: Ardmore, OK
Poker Room: No
Grand Lake Casino
Location: Grove, OK
Poker Room: No
Hard Rock Hotel & Casino Tulsa
Location: Catoosa, OK
Poker Room: Yes
High Winds Casino
Location: Miami, OK
Poker Room: No
Kickapoo Casino Harrah
Location: Harrah, OK
Poker Room: No
Kickapoo Casino Shawnee
Location: Shawnee, OK
Poker Room: No
Kiowa Casino
Location: Devol, OK
Poker Room: No
Lucky Star Casino Clinton
Location: Clinton, OK
Poker Room: No
Lucky Star Casino Concho
Location: Concho, OK
Poker Room: No
Lucky Turtle Casino
Location: Wyandotte, OK
Poker Room: No
Madill Gaming Center
Location: Madill, OK
Poker Room: No
Muscogee Creek Nation Casino
Location: Muskogee, OK
Poker Room: Yes
Newcastle Casino
Location: Newcastle, OK
Poker Room: No
Osage Casino Bartlesville
Location: Bartlesville, OK
Poker Room: No
Osage Casino Hominy
Location: Hominy, OK
Poker Room: No
Osage Casino Pawhuska
Location: Pawhuska, OK
Poker Room: No
Osage Casino Ponca City
Location: Ponca City, OK
Poker Room: No
Osage Casino Sand Springs
Location: Sand Springs, OK
Poker Room: No
Osage Casino Tulsa
Location: Tulsa, OK
Poker Room: No
Quapaw Casino
Location: Miami, OK
Poker Room: No
Red Hawk Gaming Center
Location: Wetumka, OK
Poker Room: No
Remington Park Racetrack & Casino
Location: Oklahoma City, OK
Poker Room: No
River Spirit Casino
Location: Tulsa, OK
Poker Room: Yes
Riverwind Casino
Location: Norman, OK
Poker Room: Yes
Sac & Fox Casino
Location: Shawnee, OK
Poker Room: Yes
Salt Creek Casino
Location: Chickasha, OK
Poker Room: No
The Stables Casino
Location: Miami, OK
Poker Room: No
Thunderbird Wild Wild West Casino
Location: Norman, OK
Poker Room: Yes
Treasure Valley Casino
Location: Davis, OK
Poker Room: No
Washita Casino
Location: Paoli, OK
Poker Room: No
Winstar World Casino
Location: Thackerville, OK
Poker Room: Yes
Wyandotte Nation Casino
Location: Wyandotte, OK
Poker Room: No