Arizona is the 6th largest of all the 50 US states, home to the 15th largest population (6,626,624 est. 2013). When thinking of this Mountain West state, hot temperatures, dry air and the majestic landscape of the Grand Canyon come quickly to mind. When it comes to gambling and poker, however, the attention is generally allocated to Arizona’s northwestern neighbor, Nevada.
Arizonans may like to play poker as much as the next state’s relative populace, but doing so over the internet won’t be nearly so easy as it is in Nevada. That’s because the Grand Canyon State has made no move to regulate online poker. But just because online poker is not specifically regulated doesn’t mean it is illegal. That answer is dependent upon the proscribed laws of the state in regards to gambling on games of skill. We will examine those laws and the current state of land-based gambling in Arizona to determine whether online poker is legal, illegal or somewhere within the grey median.
Land-based Gambling in Arizona
Examining a territory’s land-based gambling industry will offer a great deal of information as to the legality of online poker. Arizona is home to more than three dozen casino gambling destinations. However, upon further inspection, all of the casino venues are run by Native American tribes. As such, we can easily assume that the state has taken on an anti-gambling stance, with the abundance of tribal casinos only allowed to operate via the Indian Gaming Regulatory Act of 1988.
Arizona does conduct its own state-run lottery, which shows more progress towards legalized gambling than some other jurisdictions like Alabama and Hawaii. In addition, the state presents several pari-mutuel racing facilities. Ostensibly, Arizona is not against gambling, per say, but rather casino style gambling.
Deciphering the Laws of Arizona as they relate to Online Poker
The Arizona Statutes do not deal specifically with ‘online’ or ‘internet’ wagering. Thus I’ve combed the gambling laws to see which ones could be interpreted to encompass online poker. Below is a list of those laws and their respective meanings. You may also wish to browse the full text of Arizona Revised Statues as they related the gambling (scroll down to Chapter 33).
| Section | Text | Meaning (in re online poker) |
| 13-3301 Definitions | 2. “Conducted as a business” means gambling that is engaged in with the object of gain, benefit or advantage, either direct or indirect, realized or unrealized, but not when incidental to a bona fide social relationship. | Gambling in which someone stands to make a profit in some other way than by being a player via gambling winnings is considered a gambling business (i.e. when a rake is collected in online poker). |
| 4. “Gambling” or “gamble” means one act of risking or giving something of value for the opportunity to obtain a benefit from a game or contest of chance or skill or a future contingent event… | Even as a skill game, poker is defined as gambling. | |
| 5. “Player” means a natural person who participates in gambling. | Playing poker is gambling. | |
| 6. “Regulated gambling” means either:(a) Gambling conducted in accordance with a tribal-state gaming compact…
(b) Gambling to which all of the following apply: (i) It is operated and controlled in accordance with a statute, rule or order of this state or of the United States. (ii) All federal, state or local taxes, fees…have been paid…in connection with the gambling. (iii) If conducted by an organization which is exempt from taxation of income… (iv) Beginning on June 1, 2003, none of the players is under twenty-one years of age |
Certain forms of gambling are legal, but only if they are specifically authorized / regulated by the state, taxed (if applicable) and all participants are 21+. | |
| 7. “Social gambling” means gambling that is not conducted as a business and that involves players who compete on equal terms with each other… | Social poker games are legal if no one stands to profit outside of legitimate gambling winnings (and all participants are 21+). | |
| 13-3302 Exclusions | A. The following conduct is not unlawful under this chapter:1. Amusement gambling.
2. Social gambling. 3. Regulated gambling… 4. Gambling that is conducted at state, county or district fairs… |
These forms of gambling are legal if conducted in accordance with state/federal law. |
| 13-3304 Benefiting from Gambling; Classification | A. Except for amusement or regulated gambling, a person commits benefiting from gambling if he knowingly obtains any benefit from gambling. | Poker is illegal if the game is not played in accordance with state/federal law and any money is won by the player. |
| B. Benefiting from social gambling as a player is not unlawful under this section. | Social games are not illegal | |
| C. Benefiting from gambling is a class 1 misdemeanor. | Penalty for conviction of illegal gambling is up to $2,500 fine and/or up to 6 months in jail. | |
| 13-3306 Possession ofa Gambling Device; Classification | A. A person commits possession of a gambling device if the person knowingly possesses, distributes or transports any implement, machine, paraphernalia, equipment or other thing that the person knows or has reason to know is used or intended to be used in violation of this chapter. | Owning a computer/mobile device that is used for real money online poker (where a rake/fee is collected) could be defined as possession of a gambling device. |
| 13-3309Seizure, Exception, Definition | A. In addition to any other remedies provided by law, any monies used or intended to be used in violation of this chapter may be seized… | The state has the right to seize any illegal gambling funds. |
| C. In addition to any other remedy provided by law, a gambling device may be seized… | The state has the right to seize a gambling device. |
Is Online Poker Illegal in Arizona?
Yes. Any type of gambling for real money/value that is not specifically authorized by state or federal law is illegal in Arizona.
Is Arizona working to Legalize Online Poker?
No. Arizona has shown no interest in regulating online poker. Former State Senator John Kyl attempted to get a federal online gambling bill passed in 2010, but never pushed for regulated online poker in Arizona.
Online Poker Players in Arizona
There are a lot more professional poker players hailing from Arizona than you might think. The most recognizable would be 4x WSOP bracelet winner Tom Schneider, 2012 WSOP Main Event 3rd place finisher Jake Balsiger and 7-figure-winning online poker pro Scott Hall.
Land-Based Card Rooms in Arizona
Arizona is teeming with Native American casinos and even a few pari-mutuel racing facilities. For convenience, I’ve listed the ones that offer poker tables first.
Apache Gold Casino Resort
San Carlos, AZ
Poker Room: Yes
BlueWater Resort and Casino
Parker, AZ
Poker Room: Yes
Bucky’s Casino & Prescott Resort
Prescott, AZ
Poker Room: Yes
Casino Del Sol Resort
Tucson, AZ
Poker Room: Yes
Cliff Castle Hotel & Casino
Camp Verde, AZ
Poker Room: Yes
Desert Diamond Casino Tucson
Tucson, AZ
Poker Room: Yes
Gila River Casinos
Laveen, AZ
Poker Room: Yes
Gila River Casinos
Chandler, AZ
Poker Room: Yes
Harrah’s Phoenix Ak-Chin Casino Resort
Phoenix, AZ
Poker Room: Yes
Hon-Dah Resort Casino
Pinetop, AZ
Poker Room: Yes
Mazatzal Hotel & Casino
Payson, AZ
Poker Room: Yes
Talking Stick Casino Resort
Scottsdale, AZ
Poker Room: Yes
Twin Arrows Navajo Casino Resort
Flagstaff, AZ
Poker Room: Yes
We-Ko-Pa Resort & Conference Center
Fountain Hills, AZ
Poker Room: Yes
Apache Greyhound Park
Apache Junction, AZ
Poker Room: No
Casino Arizona
Scottsdale, AZ
Poker Room: No
Casino of the Sun
Tucson, AZ
Poker Room: No
Cocopah Casino Resort
Somerton, AZ
Poker Room: No
Desert Diamond Casino Sahuarita
Sahuarita, AZ
Poker Room: No
Desert Diamond Casino & Hotel
Ajo, AZ
Poker Room: No
Gila River Casinos
Chandler, AZ
Poker Room: No
Max’s Sports Bar & Restaurant
Phoenix, AZ
Poker Room: No
Quechan Paradise Casino
Yuma, AZ
Poker Room: No
Rillito Park Race Track
Tucson, AZ
Poker Room: No
Spirit Mountain Casino
Mohave Valley, AZ
Poker Room: No
Tucson Greyhound Park
Tucson, AZ
Poker Room: No
Turf Paradise Racecourse
Phoenix, AZ
Poker Room: No
Yavapai Casino
Prescott, AZ
Poker Room: No