Is There Legal Gambling In Hawaii
Hawaii resides in the murkiest of gray areas as far as gambling and real money Internet poker in 2020 is concerned. One of only a couple of states where gambling in land based casinos and poker websites is completely prohibited, the Aloha State is also one of 10 states currently making a push to regulate real cash live betting and legal Internet poker and casino gambling.
As of March 2011, gambling is illegal in Honolulu, and the entire state of Hawaii. A measure was proposed in 2011 which would legalize gambling in the Honolulu tourist district of Waikiki,. Here we take a look at the underworld and run into a underground Casino. The Casinos are a little bit different here but come and join us and watch us play a few games. Bonus Mario Footage coming.
Due to HI State’s high tourism rates, a live gambling and lawful poker betting industry, letting gambling fans play popular games like Texas Hold’em poker for real money, would certainly thrive. Legit Internet poker gambling websites opening are a different story, as most tourists will not visit the tropical island just to sit around in their hotel room clicking buttons on real money poker websites.
It seems as though Hawaii will continue flirting with the idea of regulated real cash Internet poker and other iGaming gambling in 2020 and for the foreseeable future. Whether headway will be made leading to the opening of actual legal poker betting websites is currently an uncertainty.
Go ahead and say “Aloha” to online gambling at a real money US poker site. Having some fun making wagers on the virtual green table is completely legit, but you still need to know the best sites of 2020.
Hawaii’s Multiple Attempts To Legalize Internet Gambling Fail
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The crux of the proposal in HI stated that gamblers over the age of 18, who are able to verify their identity and are currently situated in Hawaii, would be able to gamble online at casinos and lawful poker websites. Ultimately the real money Internet betting bill failed to gain headway.
In 2013, a similar Internet gambling bill – this one co-sponsored by three State Senators, was introduced [2]. In addition to the aforementioned constituents, SB 768 would disallow operators that accepted real-money bets for Texas Hold’em poker and other poker games in the US prior to Black Friday from setting up shop in Hawaii. Also, it would permit Hawaii to enter into interstate Internet poker compacts with other states. But it too failed to find its footing among Hawaii’s legislators.
Can Players From Hawaii Play Online Poker?
Real cash poker players from the Aloha State are welcome at virtually all US-friendly poker websites in 2020. But given the wealth of poker websites currently available to Hawaiians, figuring out which Internet poker destinations are the best to do your real money poker betting at can be a disjointing experience.
Luckily, we’ve taken most of the guesswork out of the equation by first thoroughly reviewing each US-facing legit poker website, and then listing the very best real money Internet poker websites just for you. Consider it our way of guiding you to winning a pile of real money at the Internet poker tables!
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Is Online Poker Legal In Hawaii?
While online poker and Internet poker betting is not specifically addressed by Hawaii’s gambling statutes as they stand in 2020, overall HI state takes a fairly intolerant approach to real cash poker and gambling activities, evident by its status as one of only two states that prohibits all forms of regulated, legal poker gambling.
That being said, the vast majority of Hawaii’s laws in 2020 are targeted towards poker website operators, and overall Hawaii is generally hospitable towards those who gamble socially by betting a bit of their hard earned real money on poker games like Texas Hold’em on poker websites.
To fully grasp the breadth of Hawaii’s gambling statutes, we first turn to the definition of gambling according to the state of HI:
A person engages in gambling if he stakes or risks something of value, including real money, 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 in the event of a certain outcome. Section 712-1220(4)
Like so many other definitions of gambling and betting, Hawaii’s position provides very little insight as to what constitutes a contest of chance and whether offline and Internet poker count as a game of chance. Upon further investigation we were able to deduce that:
A contest of chance means any contest, game, gaming scheme, or gaming device in which the outcome depends in a material degree upon an element of chance, notwithstanding that skill of the contestants may also be a factor therein.
Section 712-1220(3)
Although Hawaii’s gambling laws do not explicitly define the parameters of the Material Degree test, generally speaking it states that if a game features an element of chance, even if skill is the predominant factor in determining a winner as it is in real money poker, the game is still ruled a contest of chance. Given this, there’s little reason to believe that Internet poker gambling for real cash does not fall within the scope of Hawaii’s definition of gambling.
The only penalty clause that applies to players is Section 712-1223 Gambling. It states:
A person commits the offense of gambling if the person knowingly advances or participates in any gambling activity. Gambling is a misdemeanor.
Comparatively, Internet poker operators offering gambling fans poker websites to play at are hit with harsher repercussions. Should a poker website operator generate any sort of significant real cash income from taking bets, they can be subjected to a class C felony. Lesser operators, such as those who run a raked home game of Texas Hold’em poker, would be subject to the same punishment as gambling players – namely, a misdemeanor.
Hawaii’s statutes do make a notable exception for social gambling and real money poker betting in 2020, in so long as players compete on equal terms and that no player receives, or becomes entitled to receive, anything of value or any profit, directly or indirectly, other than the player’s personal gambling winnings. The HI law goes on to state that all poker players participating in social gambling must be of legal gambling age, and that the activity of legal poker betting take place in a private place.
The legality of online poker is questionable and legit Internet poker is not a clear cut thing. Considering that real money poker players who play online only reap the Internet poker rewards of their personal gambling winnings, and generally log on to poker websites from their own homes, it is conceivable that from the player’s perspective, logging onto an offshore site and playing real money Internet poker is perfectly acceptable, and therefore Internet poker is lawful. And while we can’t say for certain, we do know that Hawaii lawmakers have not been going particularly out of their way to prosecute online players playing at Internet poker websites in HI.
For more on Hawaii’s general gambling and poker betting statutes, please visit the “References” section [3].
The Facts
The History Of Gambling In Hawaii
Before Hawaii was even discovered in 1778, natives of the Aloha State could be found gambling and betting it up during the Makahiki Festival. With the colonization of the island came reform, and by the time the Americans reached Hawaii, real cash gambling faded in popularity.
Gambling in legal horse racing remained popular among locals through the 1950s, and at one point as many of twelve real money gambling tracks littered Hawaii’s numerous islands. But horseracing would also eventually fall out of favour in HI.
The overwhelming influence of Mormons and devout Christians has resulted in Hawaii’s lack of casinos and real cash poker rooms in 2015, and while many attempts have been made to open a land-based casino, they have all been met with heavy resistance and anti-real money gambling sentiment.
Regulated Gambling Options In Hawaii
Simply stated, there are none. There is nowhere you can play legal real cash poker in HI. Again, this may change in the coming years, but until then, Hawaiians have to resign themselves to gambling on real money poker socially.
The Future Of Regulating Online Gambling In Hawaii
Shockingly, Hawaii stands an above average chance of regulating online gambling and real money Internet poker, or at the very least online poker websites.
Whereas most states have yet to weigh in on the iGaming and legal Internet poker issue, Hawaii’s legislators have already proposed two bills relating to real money poker websites. And while the bills ultimately failed, they prove that there is a growing contingent of Hawaiians in favor of Internet betting and poker gambling websites becoming regulated in 2015.
However, even if a future iteration of an iGaming bill were to pass in HI, it would take some time for the first virtual casino and Internet poker websites to open their doors, for several reasons. The first is that there is currently no legal Internet poker oversight committee in place. Secondly, Hawaii’s stipulation that pre-Black Friday real money poker website operators are unsuitable would severely diminish the amount of companies that could form an alignment with Hawaii. And finally, there are no land-based casinos or real money poker betting destinations for iGaming operators to latch onto.
Fun Facts
In 2015, Hawaii is listed among 10 US states currently considering a movement to legalize online gambling and create legal poker websites for HI residents to start real cash betting on [4].
In June 2010, Hawaiian poker professional Michael Chow won the WSOP $1,500 Omaha Hi/Lo event. Chow was only the second Hawaiian in WSOP history to win a real money poker bracelet. Sweetening the deal, Chow won the famous poker gambling event on the dawn of his 33rd birthday. His victory was good for $237,463. Chow has final tabled a multitude of other prestigious real cash poker events in his professional career.
The Bottom Line
Hawaii’s paltry 1.3 million population and isolated location will work against the Aloha State’s ability to host a thriving Internet poker community and offer top quality legal real money poker websites. However, if it were able to forge interstate gambling compacts with say New Jersey, the state’s gorgeous climate would likely attract professional real cash Internet poker grinders, ultimately transforming Hawaii into an online gambling hub and the go-to-destination for serious real money legal poker players. Wishful thinking, but anything’s possible for HI in the world of Internet poker.
For now in 2020, expect any proposed iGaming and Internet poker bill to meet with a sea of resistance. It’s very likely that two, three or even ten more iterations of the current proposal may be necessary before lawmakers finally come to terms on the issue of real money poker websites. But it may very well happen, which is great news for Hawaii’s real cash poker gambling fans – just not anytime soon.
References
[1] ↑Department of Justice Shifts Stance on Wire Act, Replies to Reid/Kyl Letter
[2] ↑Hawaii Proposes Online Gambling Bill
[3] ↑Hawaii State Legislature
[4] ↑Study: 10 states, including Hawaii, eye Internet gambling bills
See Also:
- Our homepage – for a list of the Best US poker sites
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Hawaii is a kind of paradise in many ways, but not when it comes to gambling laws. In fact, the island state, last to join the US, is pretty late joining the gambling party too, and is in fact one of only two states to offer absolutely no state regulated forms of gambling whatsoever, sharing this dubious privilege only with Utah.
The Aloha State also has pretty strict laws punishing gambling activity, with no legal options under the law at all except social home games. There are no exemptions for charity gambling under the law in Hawaii. There are no race tracks. There is no state lottery. There are no real money games, even social, allowed in bars or other public venues, and no licensed online activity. Even casino ships are not allowed to operate in and out of state ports. Your options are narrower than Amarillo Slim around here.
The Letter of the Law
The law states in no uncertain terms that gambling is not permitted in Hawaii. Gambling is defined as risking something of value in a contest of chance, and a contest of chance is defined as any game in which chance plays a material role, regardless of whether skill is also involved.
The only express exemption which exists under Hawaiian law is a concession allowing social home gaming under certain strict provisions. These include a proviso that players must be competing on a level playing field, and that no wagering is done by non-players, or by any means other than the mechanisms of the game itself (so no side betting). Furthermore, the house or host must receive no rake or other consideration for running the game, for example by virtue of selling drinks to players.
The game in question must not be a form of book-keeping, so sport betting is out. The players must all be of legal age, and the event must be in a truly private space such as a home, and not in a public place such as a beach or a park, nor a venue such as a bar, hotel or restaurant.
A range of bills proposing extension, or more accurately, creation of state regulated gambling have been brought forward, but so far none of these have gained much traction in the state legislature, mostly being listed as “failed upon adjournment”.
Is Online Gambling Legal in Hawaii?
What with the forest fire of political change viz a viz gambling in mainland US spreading slowly but surely across many state lines, ignited by New Jersey, Nevada and Delaware, one might wonder if the spark might leap across the water to Hawaii. So far, there have been a few fitful flames but nothing has taken hold and really burned.
The latest bill to doggy paddle in the senate is SB 768, proposing a Hawaii lottery and gaming corporation for the regulation of online gambling. This was introduced in January 2013 but shows no signs of getting anywhere at this time.
The full bill can be viewed here [1], for anyone interested in torturing themselves with a lot of legal language that is sadly unlikely to become enshrined in actual law. The bill proposes that most of the revenue from said gaming be channeled into education, and problem gambling support.
State legislators just don’t see support for such bills in the house, or in the general population. With over 30 bills on this subject currently seeking attention [2], it seems unlikely that any of them will actually reach the Governor’s desk.
As this recent poll from a local newspaper [3] suggests, the majority of residents seem to be opposed to bringing in land-based casinos to Hawaii, while there’s a fairly even split on attitudes towards casino ships and a state lottery.
A recent study into the likely impact of casinos on Hawaii [4] concludes that for every $64 of benefit to the economy, there would be an estimated $289 in social costs. The report also notes, fairly damningly, that a casino’s presence is empirically proven to lead to higher rates of “serious crime including rape, robbery, aggravated assault, burglary, larceny, and auto theft.”
The local press tend to support an active debate on this subject, with proponents given equal space to voice their views in this 2002 edition of the Star Bulletin [5], and a more recent article featuring public comments run in 2011 by Honolulu’s Civil Beat [6].
Forms of Gambling Legalized in the State of Hawaii
Honestly, your best bet is to head down the beach, enjoy life, and then head over to Vegas on vacation. If that’s just not good enough, you have a very few options open to you within the law.
Poker Games
Your main option is going to be social home poker games. Just be sure not to attend a game in a bar or on a beach, but only in a genuinely private location. If the house isn’t taking any consideration, you should be acting within the law in playing.
There are a number of resources for tracking these games, including two dedicated home poker websites with links to individual games in Hawaii.
A local version of the same initiative can be found here [7], known as the Waikele Poker Players’ Group. A regular free roll event run online for Hawaii players is called the Hawaii Poker Championship, and the site for this outfit can be found here [8].
Despite the apparently high production values, a Hawaii TV show which aired in 2010 called “Hawaii’s Big Deal”[9] running televised satellites to the WSOP only ran for one series. Perhaps someone should try to revive this show, and bring some more positive poker publicity to the islands.
Your final option which seems to be within the law is to hire a “casino party” company, who will come and fill your private party with Vegas-accurate gambling equipment, which of course you are explicitly only allowed to run play money games on. Any use of such equipment for real gambling is naturally totally against the law.
Casino Ships
You’d think, as in some other tightly regulated states for gambling, that there might be some cruise ships one could sail out on into international waters to take part in some gambling. But you would be sadly mistaken.
According to Hawaii Revised Statute 712-1222.5 (2009) quoted in this document by Gaming Law Masters , “Managing, supervising, controlling, operating, or owning, either alone or in association with others, any craft which embarks from any point within the State, and disembarks at the same or another point within the State, during which the person intentionally causes or knowingly permits gambling activity to be conducted, whether within or without the waters of the State…” is, you guessed it, illegal.
So it’s no-go on casino ships too, unless they’re passing through Hawaii, picking up people from the islands, and then heading out into international waters, and dropping off visitors at some other location out-of-state. This is hardly likely, or convenient! For those still interested in pursuing this remote possibility, a couple of discussions on the subject can be found on cruise liner websites here [10] and here [11].
Busts And Arrests
Of course in a state with such very strict suppression of gambling, there’s a pretty active underground which has seen a peppering of significant busts across recent years.
Let’s start things off with this kid’s Youtube video [12] of a visit to an underground casino in Hawaii, which apart from the amusing advice he exchanges with his friend about changing games because they’ve “already won a couple of times” on a given virtual slot, does illustrate that the underground casino industry is active, although the footage doesn’t really suggest it to be thriving. The machine in question took dollar bills, and the footage was uploaded in June 2013.
Arcade employees are regularly arrested and machines seized in busts such as this series of arrests [13] which took place in Aiea, Kalihi and Keeaumoku in February of 2013.
Depressing stories do exist such as this piece in Civil Beat [14], which interviews teenagers who think they are “learning” to beat slot machines, which obviously generally have a large house edge and are unbeatable and unskilful forms of gaming. The proprietors claim that the games in this article are “skill based”, but no clear evidence is put forward in this document for such claims.
Of most concern to those interested in online wagering, there has been an increasing trend across Hawaii for busting individuals for online gambling, principally focused on sports betting. In some cases such as that of Terrence Ching, the arrest is for book-making and placing online bets on behalf of numerous other individuals, while in other cases, individuals who simply got very lucky online [15] have found the police rapping on their door.
Summary of Hawaii State Gambling Laws
If you’re looking to gamble within the law in Hawaii, you have very few real options open to you.
You can partake in home poker games which stay within the provisions laid out for them under the law, most importantly that no house rake or consideration is taken. To find these games, consult the home poker networks and discussions listed above.
You may be able to play certain skill-based amusement machines run in the state, but it’s far from clear how long these will survive under the law, or whether they truly qualify as skill games.
Gambling In Hawaii Casinos
You can run a “Vegas style” casino party with strictly no real money wagering allowed, and play to your hearts’ content with play money.
That’s about your lot.
Is There Legal Gambling In Hawaii 5-0
So if you’re in Hawaii and want to gamble, aside from home games your best bet is really to head for the mainland, at least for a little while. The beaches will still be here when you get back.
Sources for this article
Does Hawaii Have Gambling Casinos
- Meetup.com: Waikele Poker Players Group
- HawaiiPokerChampionship.com: Hawaii Online Poker Championship
- HonoluluPulse.com: In the Mix: ‘Hawaii’s Big Deal’