Legal Online Poker in North Dakota

North Dakota didn’t seem interested in regulating online poker and casino games over the past decade. The state started considering this issue when Rep. Jim Kasper sponsored HCR 3035 in 2005, which would have amended the state constitution and allowed virtual poker.

This bill proposed that the Attorney General’s office would oversee the industry, and required a $50k application fee and $20k annual license renewal fees from providers. However, it didn’t receive support from the Senate, the House of Representatives, or the Attorney General. After that, the lawmakers didn’t put much effort into regulating online poker.

Although the Peace Garden State has been resistant to gambling expansion, surprisingly, there was a lot of movement in 2021. Rep. Jim Kasper’s proposed HCR 3012 passed the House of Representatives by a 54–40 margin. It suggested asking whether citizens would approve of online poker on the November 2022 general election ballot. Concurrently, the House Of Representatives passed a similar resolution regarding sports betting. Nevertheless, the Senate voted both down.

The beginning of 2023 has brought a ray of light for online poker in ND. Senators Bekkedahl, Weber, and Wobbema drafted HB 1389, which establishes a framework for licensing online the game in the state if approved by voters. This piece of legislation also proposes that the Attorney General should oversee licensing and regulation and stipulates a 10% tax paid monthly, a list of included poker games, and more.

The law currently in place fails to directly address online gambling and poker in its Criminal Code. Section 53-04-01 contains vague language, which makes it difficult to determine whether web-based gambling is legal.

Because of this, many choose to believe that the state won’t pursue online gamblers. Plus, no arrest has ever been made in the Peace Garden State for playing on international poker platforms. On the flip side, the state will severely punish those who engage in gambling businesses. This crime is considered a Class C felony where an individual may face a fine of up to $10k or five years in prison.

Although online poker is in a gray area in ND, many offshore sites accept players from the Peace Garden State and offer plenty of cash games and tournaments. These casinos are regulated outside the state by respectable international regulatory agencies, including the Malta Gaming Authority and the Gibraltar Gambling Commissioner. So, if you live in North Dakota and are a poker enthusiast, you can register for free at the sites we recommended above.

Since North Dakota allows social casinos, its residents can enjoy their favorite cardgame at sweepstakes platforms. They operate under a different model and use virtual currency rather than cash — Gold Coins and Sweeps Coins. Players can purchase Gold Coins (with no monetary value) to receive Sweeps Coins that allow them to play in tournaments and cash games. There are other ways of getting them, such as through promotions, giveaways, or the mail. Once you are satisfied with the amount of Sweeps Coins you won, you can exchange them for fiat money.

Poker became available in North Dakota when the state legalized charitable gaming in 1977. Today, over two dozen mid-sized and almost 800 small charitable casino operations across the state are overseen by the Gaming Division of the North Dakota Attorney General. Aside from poker, they can host blackjack, pull tabs, raffles, bingo, and several other games. A number of these organizations have teamed up with bars, restaurants, and other service organizations to run charitable poker events.

A great thing is that charities can organize poker tournaments provided they follow specific stipulations — the main prize must not exceed $2,500, and the total prize pool is capped at $12k. As per statute 53-06.1-07.2 of the charitable gambling laws, charities can host poker events only twice per year, the maximum single bets are limited to $1, and only three raises are allowed per round.

The state generates nearly $200 million annually from such organizations; however, proceeds must be used for educational, religious, or fraternal purposes. Additionally, charities sponsor one of the state’s largest poker tournaments — the North Dakota state poker championship.

When it comes to tribal casinos, as mentioned before, North Dakota signed the first compact in 1992, while others were negotiated between 2009 and 2013. Today, the Peace Garden State has five land-based tribal venues providing a whole gamut of Class III casino games; however, only the first two on the list have poker rooms in operation:

• 4 Bears Casino and Lodge
• Dakota Magic Casino and Hotel
• Prairie Knights Casino and Resort
• Spirit Lake Casino and Resort
• Sky Dancer Casino and Resort

It’s worth noting that the Peace Garden State provides one more opportunity for enjoying poker, which is private gaming. However, players must adhere to some rules. According to statute 12.1-28-02, each participant can wager a maximum of $25 per hand. Even a cent above this amount will be a misdemeanor, while higher amounts are deemed a felony on the first offense.

In terms of commercial casinos, North Dakota does not feature any. That could have changed in 2017 when Al Carlson sponsored HB 3033, which would have allowed six state-owned gambling halls. Still, both charity organizations and tribal gaming communities were against it, frightened that adding six more casinos to such a small population would hinder their business operations. As a result, the bill lost by a 28–63 margin.