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Is Online Gambling Illegal In Hawaii



  1. Is Online Gambling Legal In Hawaii
  2. Is Online Gambling Illegal In Hawaii Five-o
  3. Is Online Gambling Illegal In Hawaii State

Within a week, New Jersey became the third state to legalize online gambling, authorizing the issue of both online poker and online casino licenses to casinos in Atlantic City. In April 2013, the first legal online gambling site in the United States went live in Nevada. A statewide operation. Law enforcement agencies in Hawaii are taking a stance and initiating a crackdown on illegal gambling operations. A massive effort is being made to tackle unsanctioned game rooms to stop criminal activity in the state. Technically-speaking, yes, it is illegal to bet on sports online in Hawaii. Hawaii’s blanket ban on gambling and bookmaking seem to preclude the lawful exercise of putting money on your favorite players and teams. The only two states in the US that completely ban all forms of gambling, including online sports betting, are Hawaii and Utah. Local jurisdictions have the power to decide whether or not to allow gambling, even if it is considered legal at the state level.

When it comes to state gambling laws, it doesn’t get much simpler than Hawaii. They don’t allow it in any form.

So it should come as no surprise that sports betting is not legal in Hawaii at the moment.

The Aloha State has had a long history of anti-gambling laws, stretching back more than six decades. In recent years attempts were made to allow online poker and online casinos in the state but these ultimately proved unsuccessful.

Gambling has never been a part of the state’s history, nor has it ever been seriously considered. Part of that has to do with the culture, as well as the successful tourism industry that dominates the political conversation.

So what do you do if you’re a sports bettor in Hawaii? Where can you place a legal bet? And will the current laws ever change?

This page is your complete guide to sports betting laws in Hawaii and on it, you can find everything you need to know. We’ll dig into the island state’s history of gambling, the current situation regarding sports betting and whether Hawaiians can expect anything to change in the wake of the landmark US Supreme Court decision of 2018 that opens the door for legal sports gambling all over the United States.

For more information on what’s happening all over the country, read our state guides to US sports betting laws.

The Current Online Sports Betting Situation in Hawaii

The current gambling situation in Hawaii is as cut and dry as it gets and it’s pretty grim. All kinds of gambling, including online sports betting, is fully prohibited and illegal. The only way people in Hawaii can bet on sports is by using unregulated offshore casinos and sportsbooks and that doesn’t come without risks.

Since these companies are based in other countries and not subject to US law or regulations, players frequently run into problems resolving disputes. If you have a problem with a deposit or withdrawal, or with your account, there is little recourse beyond crossing your fingers and hoping for the best.

We suggest waiting for legal options which, unfortunately, may take some time to make their debut in Hawaii.

Hawaii is one of two states (Utah being the other) that strictly prohibits gambling, including daily fantasy sports, racetracks and all types of sports betting. Additionally, the state doesn’t allow tribal casinos, charitable gaming, or any kind of casino gambling. Hawaii doesn’t even have a state lottery.

While recent federal legislation has opened the door for Hawaii to legalize sports betting in the state, the current outlook isn’t great.

IllegalIs online gambling illegal in hawaii five-o

The History of Online Sports Betting in Hawaii

Since the state’s inception in 1959, gambling has been illegal in Hawaii. Occasionally some momentum gets drummed up about opening a casino or legalizing online gambling, but no bill ever makes it far enough to be strongly considered.

In earlier times, when the Hawaii islands were first discovered in the late 18th century, gambling was popular amongst the residents and played yearly at a festival called Makahiki. However, just a few decades later, American missionaries arrived and decided to ban gambling in all forms for moral reasons. Since then the state has maintained its prohibitive stance on in-state gambling law and feels any changes to it might negatively impact their booming tourist industry.

In 2010 and 2011 Hawaii considered, but ultimately denied two casino-related changes. First, they discussed opening a land-based casino in Waikiki. Then they debated legalizing poker by virtue of defining it a game of skill rather than chance and therefore not gambling.

Just this year, in May of 2018, Hawaii and every other state in the US was given a huge opportunity to legalize sports gambling.

The US Supreme Court found in favor of New Jersey in their lawsuit to overturn the Professional and Amateur Sports Protection Act. PASPA had been in place since 1992 and banned sports gambling in all states with the main exception of Nevada.

When SCOTUS repealed PASPA, each state was given the authority to decide their own rules for governing sports betting within their jurisdiction. Many states have already moved towards legalization with a handful already accepting legal bets.

For Hawaii, however, it may take some time to see any changes. One motivating factor may come in the form of other states earning large amounts of tax revenue after legalizing it.

Which Online Sports Betting Sites Are Legal in Hawaii?

Hawaiian gamblers do not have access to any legal sports betting sites. Their only option is to wager through offshore betting sites that accept players from the United States.

While betting with these sites isn’t technically illegal, it is risky. Offshore casinos and sportsbooks aren’t regulated by the US which can be a big problem if you run into any issues. Like we said before, even though legal gambling in Hawaii is a long way off, waiting is still preferable to putting your money and personal information at risk.

So, if you want to bet on NFL football, for example, Hawaii’s definitely not the place to be.

What Sports Can You Bet on Online in Hawaii?

As of now, there are no sports you can bet on legally online within the state of Hawaii.

However, if sports betting does become legalized in the future in the state of Hawaii, it would presumably be offered just like it is in every other state, with players having the option to bet on dozens of amateur and professional sports.

Should we ever see Hawaii reverse their political viewpoints on gambling it is likely that the main draw for sports betting would come from their passionate collegiate sports following and fan base.

Is There No Deposit Sports Betting in Hawaii?

Given that online sports betting is still technically illegal within the state, the issue of no deposit betting is currently moot. However, in the event that online sports betting becomes legal, Hawaiians can expect a similar approach to what other states are currently offering.

No deposit bonuses are a way to make bets without risking a cent but they usually come with conditions. Sometimes you have to bet the money a certain number of times before you can withdraw it. Other times you’re limited to what kinds of bets you can make and finally, it’s standard to only be able to withdraw your profits, not the original free bet.

What Is the Future of Online Sports Betting in Hawaii?

Gamblers in Hawaii shouldn’t expect any immediate changes to the laws that have been in place since the state formed all the way back in 1959. That being said, even with the state’s current attitude towards gambling, and with no current pressure for anything to change right now, history has shown that there is interest in gambling on the islands.

As more and more states begin to enter the world of legalized sports gambling, we might see the more conservative states like Hawaii change their tune.

If anything does change in Hawaii it will most likely occur after several others take the plunge and test the waters both economically and politically. They will likely follow Utah’s lead to see if they decide to consider the change.

To stay up to date on sports betting laws in Hawaii, make sure to check back on this page for the latest developments.

What This Means For You

At least in the short term, it doesn’t look good for sports betting or any other kind of gambling to become legal in Hawaii. With so much focus on tourism, no professional sports team and a relatively small population, the potential profits from legalized sports betting aren’t as attractive as other, bigger states.

For gamblers of Hawaii, life just goes on. In spite of an opportunity to now legalize gambling and begin collecting state tax revenue, Hawaii has shown no inkling to stray from its course, at least not yet. Getting a professional sports team may be the only way serious momentum could be created to bring this issue to a vote, but that still remains unlikely.

We’ll continue to monitor the situation and update this page with any big developments, whether they help or hurt Hawaii’s chances of getting legal sports gambling.

Home » US Poker Laws – State by State Reviews » Hawaii Poker & Gambling Laws

Is Online Gambling Illegal In Hawaii Five-o


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April 30th, 2018 | Last updated on November 2nd, 2020
Hawaii Poker & Gambling Laws
Last Updated November 2, 2020

Hawaii may not have been swept up in the online poker boom like some states, but there are still tens of thousands of Hawaiians who have tried their luck at online poker in Hawaii. Even today, Hawaii and online poker continue to be a great match, with hundreds of new players signing on to play cash games and tournaments online.

If you have questions about how to join them, read on for more about online poker and the law in Hawaii, how gambling is approach by the government in Hawaii and an index of credible resources that will help you learn all you ever wanted to know about Hawaii and where to play online poker.

Is Gambling / Poker Legal in Hawaii?

Type/CodeSummary
State Code Section(s)5.37.712.1220-1231
Definition of Gambling & PlayerGambling: 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.

Player: A person who engages in gambling solely as a contestant or bettor.

Definition of Contest of ChanceAny 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.
Online Poker/GamblingThere are no laws specifically referencing online poker, but the few lawmakers who have attempted to legalize it have been met with no support whatsoever.
Live PokerThere are no live poker rooms in Hawaii.
CasinosHawaiian legislators have discouraged all talk of casinos.
Sports BettingA bill introduced to the House in January 2017 proposed a study of sports betting, but the bill never advanced.
DFSA Senate bill in 2018 to legalize daily fantasy sports did not pass.
Other Forms of GamblingSocial gambling is legal if not in public or a business, no rake is taken, and no one receives anything other than winnings.

Establishing a State Lottery

In 2016 alone, 15 gaming bills were proposed in the Hawaii State Legislature. Most of the bills pass their first reading and one is still being considered. Three of these bills (HB 1830, HB 2536, and SB 2626) involved legalization of a state lottery.

Fantasy Sports Bills

Is Online Gambling Illegal In Hawaii State

Three bills (HB 2111, SB 2429, and B2722) involve fantasy sports in Hawaii. Of these, two of the bill seek to make fantasy sports illegal in Hawaii. A third bill would regulate the DFS industry. Ironically, the same senator sponsored a bill to ban fantasy sports and regulate it: Democrat Gilbert Keith-Agaran.

Hawaii State Horse Racing Board

SB 1373 would establish a PILOT for horse racing in Hawaii, while establishing a State Horse Racing Board. The seven senators who sponsored the bill were Donovan Dela Cruz, Brickwood Galuteria, Kaiali’i Kahele, Michelle Kidani, Clarence Nishihara, Maile Shimabukuro, and Gilbert Keith-Agaran. In a 25-member senate, a bill sponsored by 7 members has a pretty good chance of passing.

Slot Machines in Airports

HR 71, sponsored by Cindy Evans, would legalize “amusement concessions” in airports. Essentially, slot machines would be placed in Hawaii’s airports, which would target tourists and business travelers from out-of-state. Most gamblers know that airport slots have the worst odds of all. Terminals have such a high turnover of customers; you don’t really need to build a loyal customer base.

If HR 71 passed, the revenues generated would go into the airport revenue fund. Representative Evans’s bill was carried over from the 2015 legislative session, but it did not appear to have received enough support to go to the floor of the house.

Most of the remaining bills had to do with tax relief on winnings in out-of-state venues and nuisance abatements on gambling offenses. While there seemed to be plenty of activity from lawmakers on the gambling-related subjects, few of the proposals seemed close to passing. Hawaii remains, alongside Utah, one of only two states with a 100% ban on gambling.

Illegal Card Games, Sports Bets, and Cockfighting

Illegal gambling is another matter. Roman Kalinowski, the senior staff writers for the Ka Leo Hawai’i, the campus newspaper for the University of Hawai’i Manoa, wrote in 2015 that “cockfighting, sports betting, video gambling machines and backroom card games are available to locals and tourists willing to track them down.”

Mr. Kalinowski’s assertion was in an opinion piece, but a look through old stories on Legal US Poker Sites gives an indication the student writer is right. A number of illegal gambling rings have been busted in the past 3 years, and some of those rings have been for tens of millions of dollars of cash. Those gaming rings involved sophisticated online betting tools, as well.

Sumner LaCroix, an economics professor at University of Hawai’i at Manoa, said that the prohibition has led to a significant underground economy. Estimates range that underground gaming in Hawaii might involve $700 million to $7 billion of action per year, or between 1% and 10% of Hawaii’s GDP.

As recently as 2014, the Director of Research for Gambling Compliance, Chris Krafcik, predicted Hawaii’s legislature would consider legalizing online gambling. Nothing happened in 2014, but experts continue to believe Hawaii might one day legalize some forms of gambling. Hawaiian residents most often mention a state lottery as a starting place.

Playing Online Poker in Hawaii

When we say legal poker sites in HI, we’re referring to sites with a proper license issued by a qualified regulatory body. If you play on other sites, you’re risking your bankroll. That’s why we only list legit poker rooms in our picks for Hawaiian poker sites, and then we dwindle that group to include just the top rooms with the best bonuses and promotions. The result is the list below

Poker Sites Open to Players From Your State
Bovada$500 Bonus3-4 Day PayoutsAccepts Visa, Bitcoin, Wires
Ignition$2000 Bonus3-4 Day PayoutsAccepts Visa, Bitcoin, Wires
Intertops$600 Bonus5 Day PayoutsAccepts Visa, Wires
BetOnline$2500 Bonus5-7 Day PayoutsAccepts Visa, Bitcoin, Litecoin, Wires
Sportsbetting$2500 Bonus5-7 Day PayoutsAccepts Visa, Bitcoin, Litecoin, Wires
Hawaii

What Sites Take Poker Players From Hawaii Online?

Is Online Gambling Illegal In Hawaii

You can play on almost all online poker rooms in Hawaii. This does not include rooms that don’t accept any players from the US, but all poker sites that let American players participate in real money games also take players from Hawaii. Players from states like New York and Washington aren’t as fortunate, as they face sign up restrictions at most sites, but poker players from Hawaii are welcome at rooms across the net.

Online Poker Law for Hawaii

With no case law concerning online poker or any record of arrests related to playing online poker, it’s difficult to reach a final conclusion on the legality of online poker in Hawaii. If you’re playing online poker in Hawaii and want to understand how state law might impact you, we’ve developed this brief overview of the most important parts for online poker players.
Note: Players should always seek professional legal help for anything other than casual questions regarding the law.

Hawaiian law takes a simple and clear position on gambling: None is legal in the state. As a result, the definition of gambling employed in state becomes very important.

Illegal

The definition of gambling (Section 712-1220(1)) is a pretty standard one and involves any bet of something of value upon what the law calls a “contest of chance.”

Some might argue that poker is not a contest of chance, and that may well be true in the general sense. Hawaiian law, however, has a specific definition of contest of chance that appears to encompass poker:

“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))

Engaging in gambling (as defined by Hawaiian law) is a misdemeanour offence (Section 712-1223).

Social gambling (and home poker games) are legal (Section 712-1231), but only under very strict conditions that would seem to preclude online poker from finding shelter under the exemption.

Chances of Regulating Online Poker in Hawaii

As you probably have guessed by now, there’s little in Hawaii’s history that suggests the state is a likely candidate to regulate online poker. With such strict attitudes toward all types of gambling enshrined in the law, a bill that regulated online poker in Hawaii would face substantial hurdles.

That’s unfortunate, because we believe that a local influence in regulation is key to developing online poker rooms that customers can trust and enjoy. Despite the obvious advantages of regulating online poker, it seems as if the Hawaiian government simply doesn’t have an interest in providing residents with a locally licensed and clearly legal online poker option.

Quick Background for Hawaiian Gambling

Gambling seems popular in Hawaii. Many of the news articles discussing Hawaii and gambling claim that Las Vegas is known as the “ninth island” of Hawaii. We can’t speak directly to the truth of that claim, but it doesn’t seem like too much of a stretch for a region with such strong gambling roots.

For example, horse racing was once the dominant form of entertainment among the Hawaiian elite. In fact, nearly a dozen race tracks called Hawaii home during the late 1800s and early 1900s. That trend died out in the 1950s, and with it went the last remnants of regulated gambling in Hawaii. Today, Hawaii is one of just two US states (along with Utah) that offer absolutely no regulated gambling.

Hawaii’s Regulated Gambling Industry

As Hawaii does not have any regulated gambling, there’s little to say on this score.

Hawaii’s Regulated Online Gambling Industry

Online gambling is also not regulated in any way by the government of Hawaii. The state did take some steps toward passing an online gambling bill in 2010, but that effort stalled and the prospects for regulated online gambling in Hawaii within the next few years seem slim at best.

All Poker and Gambling Laws by State

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Useful Sites for Hawaii Gambling Research

FindLaw: Hawaiian Gambling Law Overview – Guide to the basics of Hawaiian gambling law along with links to legal synopsis to all 50 states (not poker-specific).

History of Hawaiian Horse Racing – An in-depth look at the legal, social and cultural history of horse racing in Hawaii. Covers recent legislative attempts to bring legal betting to the state’s tracks.

Gambling in Hawaii and Utah – Scholarly paper from the Gaming Law Review and Economics journal. Covers the history and development of gambling in the only two states (Hawaii and Utah) that have no forms of regulated gambling whatsoever.

Hawaii’s Role in Poker’s Development

Relatively isolated from the rest of the United States and lacking a develop gambling industry, Hawaii has played a minor role in the history of poker. The state produced no World Series of Poker champions in 2012, and no poker players of national note (that we could uncover) hail from Hawaii. The one link from the newest US state to one of the oldest US games: Wikipedia claims that “Hawaii” is a hand nickname for QJ – because if you play it too much, you’ll end up losing about what a vacation to the islands costs.

Sources & Citations For This Article on Hawaii Online Poker