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Relevant state code: 712-1220 et seq.

Hawaii is one of only two states in the US that has no regulated forms of gambling, a distinction that the state shares with Utah. Hawaii takes a very strict approach to the prohibition of gambling and operates under a very broad statutory definition of gambling:

Section 712-1220(4)
A person engages in gambling if he stakes or risks something of value 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 of value in the event of a certain outcome

• Another reason for the growth of online poker in Hawaii is Chris Moneymaker. After Chris, an amateur poker player, won the WSOP Main Event in 2003, people worldwide were inspired to play.
• There is currently no legislation permitting online poker in the state. Current Hawaii Gambling Laws Hawaii may be known for its beautiful scenery, its tropical climate, active volcanoes,.

Advantages of Playing Online Poker in Hawaii As a fan of poker in Hawaii, you will find the online market has endless benefits as the state does not allow any form of gambling. This means there are no land. In spite of it being against the law to play online poker in Hawaii, Hawaii certainly isn’t the only state to make online poker playing illegal, and there are several other sites where it is also clearly against the law to play for real money at an online poker. As the largest online poker site open to Hawaiians, Ignition is certainly a worthwhile destination if you like to play cards. New players get a 100% up to $1,000 bonus, which clears at a rate equal to 30%.

While the presence of 'contest of chance' in the above definition might seem to leave some legal wiggle room, Hawaii law also comes equipped with a broad definition for such contests:

Section 712-1220(3)
'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.

What exactly does 'material degree' mean? Hawaii doesn't define the test in their law, but a definition from Washington State law should help to clarify. Washington law provides the following two-prong test for determining whether a material degree of skill exists in an amusement game:

WAC 230-13-100
We consider a 'material degree of skill' to be present when both of these requirements are met:

(1) The player's physical or mental abilities play an important and integral role in determining the outcome of the game; and

(2) The success rate of the average player would improve with repeated play or practice.

One could conclude a slight inversion of the above definition would produce a workable definition of 'material degree of chance.' Alternatively, one could consider it as a legal test similar to the Dominant Factor Test employed by many other states to distinguish between games of skill and game of chance. While some legal experts believe Material Degree and Dominant Factor to be practically identica ltests, others have concluded that a test of material degree essentially raises the skill threshold - that is to say that, under the Material Degree Test, a game could be dominated by skill but still be defined as a game of chance if chance played a minority, but significant (or material), role in the outcome of the game.

Individual players do not appear to be the focus of gambling law in Hawaii. Instead, the majority of charges and penalties are directed at those who run, promote, assist or otherwise facilitate illegal gambling operations.

What Forms of Gambling are Legal in Hawaii?

As mentioned above, Hawaii has no forms of regulated gambling. That means no lottery, no horse or dog racing, no casinos and no cardrooms.

Social gambling is the lone exception to Hawaii's stringent gambling laws. For gambling to fall under the social exemption in Hawaii, it must occur under strict conditions: No one can profit from the game, a rule that extends even to profit from the sale of food and beverages at the game. The game also cannot occur anywhere besides in the home (and possibly private clubs), and everyone must be of legal age.

Hawaii does not permit charitable gambling.

Best Online Poker Sites Hawaii

Can I Play Poker for Money Legally in Hawaii?

If you're playing in a social game that fits within Hawaii's criteria, you're fine. Otherwise, you are potentially in violation of the law when you play poker for stakes in Hawaii, whether in a live setting or online.

While poker is not specifically mentioned in the law, case law in Hawaii has concluded that wagering something of value on games of skill runs a foul of the state's gambling statutes. The chance of an individual player facing prosecution for participating in a poker game remains quite low, and the penalties for individual players under Hawaii law are relatively minor.

Is it Legal to Play Poker Online in Hawaii?

We could not locate any aspects of Hawaii law that specifically address the issue of playing poker on a poker site in Hawaii.

As no forms of gambling besides limited social gambling are allowed under Hawaii law, operating or participating in the operation of an online casino or poker room would appear to be clearly in violation of the law.

Recent updates to Hawaii law (2009) includes a revision of the charge possession of a gambling device that could prove problematic for online poker players and online casino patrons:

Section 712-1226
A person commits this offense, a misdemeanor, “if the person manufactures, sells, transports, places, possesses, or conducts or negotiates any transaction affecting or designed to affect ownership, custody, or use of any gambling device, knowing it is to be used in the advancement of gambling activity which is not social gambling.”

Under that definition, the computer used by the player for poker or casino games could conceivably be considered to be a gambling device. That statutes banning the promotion of gambling (Section 712-1221) could also apply to individual gamblers.

Summary: It appears that you cannot be involved in online poker for real money as either an operator of a poker site or a participant wouldn't be in compliance with Hawaii law.

Hawaii Online Poker Laws - Recent Developments

There have been a few attempts in the last couple of years to introduce regulated online gambling / online poker to Hawaii. A failed attempt in 2011 (SB 755) sought to redefine poker as a game of skill and allow both land-based and online poker sites. A series of bills that were introduced following the DOJ's Wire Act position revision in early 2012 (including SB2980) sought to establish a regulatory authority for online gambling in the state, but those bills all died a quick legislative death.

What are the Chances That Hawaii Will Regulate Online Poker?

Minimal. While recent bills might suggest momentum in the direction of regulation to some, to others they are representative of Hawaii's long-running flirtation with regulating gambling and nothing more.

Any regulated gambling in a state where no regulated gambling exists would likely face unique and significant hurdles. We see no reason why Hawaii would prove an exception to this rule, and as such have little optimism regarding the potential for regulated intrastate (or interstate) online poker in the state anytime soon.

Important HI Notes

• Players from HI can legally play at offshore poker sites
• Online poker’s chance not as bleak as people think
• The state currently has no forms of legal gambling
• Offshore internet poker rooms are currently the only option
• Home poker games allowed provided no one makes a profit

It is illegal to operate an online poker site in the state of Hawaii. As with all forms of gambling in the Aloha State, no form of online gambling is legal within the state and there is no framework in the physical or planning stages that would allow this form of gambling now or in the future. There is no licensing structure for online poker operators, nor are there any current bills in the pipeline that seek to create a regulatory authority for online gambling. Offshore online poker rooms report, however, that players from Hawaii regularly visit their sites and play the game for real money which is legal to do.

Future Outlook of Online Poker in Hawaii – Estimated date of legalization: 2022-2023

The following graph tracks our expected legislation of online poker in Hawaii 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
Hawaii has the dubious honor of being one of only two states in the US that has no regulated form of gambling; Utah being the other state. However, a bill (SB 677) to legalize online poker in Hawaii was introduced on January 20, 2017 by Senator Will Espero. Although it didn’t advance in the state legislature, this is a positive sign for the future.

One of the main reasons why other states are seeking to introduce online poker is due to the direct threat of competition on their own gambling industries by neighboring states. This is a problem that Hawaii does not face (due to its physical location, and also because it simply does not have a gambling industry to begin with). As such, this would not be a factor that lawmakers would consider if the question of online poker comes up.

It should be noted, however, that a number of attempts have been made in recent years to introduce some type of online gambling regulations.

In 2011, efforts were made to change the landscape of gambling in Hawaii through Senate Bill 755[A]. The bill essentially tried to redefine Texas Hold ’em and Omaha as games of skill and would have allowed state run organizations to hold tournaments and benefit from the revenues. In addition, there was also talk of introducing an online poker platform, with operators required to pay an astronomical fee.

SB 755 failed to obtain a hearing by the House Finance Committee, with the President for the Hawaii Coalition Against Legalized Gambling, Dianne Kay, stating at the time that, “Legalized gambling would introduce an undesirable element to our islands, and would have a highly detrimental effect on the tourist industry.”

In early 2012, when the Department of Justice issued its change of opinion regarding the interpretation of the 1961 Wire Act (that it now only applies to sports betting and allows all other types of online gambling), Hawaiian lawmakers Faye P. Hanohano, Agnus McKelvey and Joseph Souike jointly co-sponsored HB 2422[B] which would allow the establishment of an Hawaii internet lottery and the introduction of online gambling. The bill was proposed in conjunction with another, namely HB 231, specifically allowing citizens aged 18 years and over to play lottery games, poker and casino games. Allocated funds were to be used to improve public schools and universities, introduce scholarships and support rural residency programs and problem gambling charities.

However, HB 2422 failed to advance in the state and was announced “dead” by a clerk at the Hawaii House of Representatives.

Most recently, Democratic Representative of Hawaii, Tulsi Gabbard co-sponsored legislation introduced by Utah Republican Rep. Jason Chaffetz which seeks to reinstate the original meaning of the Wire Act. The Restoration of America’s Wire Act[C] seeks a blanket ban on all forms of online gambling. Gabbard said with the introduction of the bill: “There are many concerns that have been raised by the FBI and state attorneys general, with regard to abuse and money laundering. The Internet Gambling Control Act of 2014 will restore protections against criminal activity and misuse of online gaming platforms to pre-2011 interpretation of the law. This affects states like Hawaii directly that prohibit any kind of gambling.”

History of Gambling in Hawaii

Late 1800s – early 1900s – Horse racing enjoyed by Hawaiian royalty, rich landowners and plantation workers.

Land Based Poker in Hawaii

The laws governing gambling in Hawaii are the same laws which cover poker by default. Gambling, and therefore poker playing, is defined under Section 712-120 (4) as: “A person engages in gambling if he stakes or risks something of value 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 of value in the event of a certain outcome.”

The law goes on to define a contest of chance as, “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.”

Playing Online Poker In Hawaii

With such strict laws, the question remains: Is it possible to enjoy a game of poker in Hawaii in any form? If you’re looking to play real money poker in a public gambling establishment or online, then the answer is no. The law clearly states that you are not allowed to play the game for stakes in a live or online setting.

However, there is a small loophole in the law, and that is the fact that social gambling is allowed under very specific rules. You are allowed to take part in poker games where everyone is on level terms and no cut is given to the house. No corporation may benefit from the social game (for example, by serving drinks or food) and the game may not be played in public or in a business. All players need to be 18 years old or more. As such, a home poker game – under these restrictions – would be considered legal.

Gambling Laws in Hawaii

The laws that govern gambling in Hawaii are spelled out under the section entitled Land Based Poker in Hawaii above. In general, the law states that staking or risking something of value upon the outcome of a contest of chance or uncontrollable future contingent to receive something of value is considered illegal gambling. No horse racing or off-track betting is allowed, nor is dog racing or off-track betting. Any form of gambling aboard ships is considered illegal under Hawaiian laws, as is the possession of gambling devices, such as slot machines.

It is illegal to possess gambling records, to promote gambling and to run a bookmaker operation.

The only type of gambling permitted is social gambling, which may not take place in a hotel, or other similar public place. Naturally, players of social games need to be of majority age.

Online Poker Hawaii

In April 2014, the Honolulu City Council sought to tighten existing laws, making it illegal to own a gambling machine in a bid to crack down on illegal gambling in the capital. The bill, proposed by councilman Joey Manahan wants to give law enforcement more tools to counter the problem, and will make it a, “misdemeanor to manage, maintain, produce, possess or use the machines” according to West Hawaii Today[D]. “It would be punishable by up to 30 days in jail and $1,000 fine.”

There are no legal casinos in Hawaii, despite the fact that over the years a number of lawmakers have shown that the introduction of a controlled and regulated gaming establishment would add much needed revenue to the state coffers.

In 2012, HB 2788[E] was introduced by Rep. Joe Souki that sought to create a giant, stand alone casino (without a hotel) on Waikiki. The operator would receive a 20 year license. The measure also called for the creation of a Hawaiian Gaming Control Commission, imposing a 15% wagering tax on the potential casino’s gross receipts. Proponents noted that the casino could bring in much needed employment opportunities for locals, regulate gambling and help the economy. However, opponents called slot machines the “crack cocaine of gambling” and eventually succeeded in halting the advancement of the bill.

Racing[F] was always considered a popular sport in Hawaii, starting in the late 1800’s, especially among the region’s royalty, rich landowners and plantation owners and several of the islands boasted horse racing tracks. Around the 1950s, after the war, the sport died out. Over the years, a number of efforts were made to bring racing back to Hawaii, however they were met with strong resistance by islanders who did not want to bring legalized gambling to the area. Today, the only place that horse racing can be seen is at some of the local rodeos such as the 4^th of July Rodeo on the Big Island.

Hawaii is one of six states that do not have a lottery, although attempts in the past have been made to change this[G]. House Bill 2422 sough to create an internet lottery and gaming corporation which would have, “provided consumer protections and capture additional revenues for the benefit of the State that are currently flowing offshore to unregulated internet gambling operations.” The lottery would have overseen, “games of chance and games of skill, including lottery, poker and casino games.” The bill did not pass.

Polls show that Hawaiians are practically evenly split between those in favor of a state lottery and those against it.

Online Poker In Hawaii

The only real form of gambling permitted under Hawaiian law is social gambling, which is governed by statutes 712-1231[H]. Social gambling under the law is:

Poker Online Game

“gambling in which all of the following conditions are present: (1) Players compete on equal terms with each other; and (2) no player receives, or becomes entitled to receive, anything of value or profit, directly or indirectly, other than the player’s personal gambling winnings; and (3) No other person, corporation, unincorporated association, or entity receives or becomes entitled to receive, anything of value, or any profit, directly or indirectly, from any source, including but not limited to permitting the use of premises, supplying refreshments, food, drinks, service, lodging or entertainment; and (4) it is not conducted or played in or at a hotel, motel, bar, nightclub, cocktail lounge, restaurant, massage parlor, billiard parlor, or any business establishment of any kind, public parks, public buildings, public beaches, school grounds, churches or any other public area; and (5), None of the players is below the age of majority; and (6) the gambling activity is not bookmaking.

Author:Joseph Falchetti (twitter)
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References and Citations