It’s always a good idea to start out with a state’s definition of gambling or illegal gambling, so here’s the definition provided in Massachusetts:

“Illegal gaming,” a banking or percentage game played with cards, dice, tiles or dominoes, or an electronic, electrical or mechanical device or machine for money, property, checks, credit or any representative of value, but excluding: (i) a lottery game conducted by the state lottery commission, under sections 24, 24A and 27 of chapter 10; (ii) a game conducted under chapter 23K; (iii) pari-mutuel wagering on horse races under chapters 128A and 128C and greyhound races under said chapter 128C; (iv) a game of bingo conducted under chapter 271; and (v) charitable gaming conducted under said chapter 271.” (1)

The first thing that jumps out at us from the perspective of poker is that this looks very similar to the poker laws in California and some other states as well, prohibiting gaming that is a banking or percentage game, yet California has the most real money online poker card rooms of any state in the country, and all of them operate outside of the banking or percentage scheme, as the card rooms charge players based upon time.

Official website of the Commonwealth of Massachusetts. Governor Baker delivers State of Commonwealth address Read Governor Baker’s remarks on the State of the Commonwealth. Massachusetts poker players have a lot going for them. They can either play live poker at two casinos within the state, or they can play poker online at one of the best Massachusetts poker sites. Big rewards at Winward Casino! Play for real money, plus free spins upon registration, best casino bonuses, cashback offers and the best online casino games!

So there wouldn’t be any reason why such a scheme would not be permissible in Massachusetts, although no one has challenged this as of yet.

At this point all we have is the definition of this term, we still need to see where it fits in the law. In a state as conservative as Massachusetts, which still has laws on the books outlawing such things as fornication, adultery, and even blasphemy, we would expect that laws banning gambling would be both clear and strict.

As it turns out, this is not the case, as the law only addresses specific instances of gambling. For instance, you are not permitted to gamble in a public place, except as permitted by law. (2)

The rest of the criminal laws pertaining to gambling pertain not to gambling itself but in hosting gambling or operating gambling devices or places. There is even a law where illegal gambling is not permitted during church camp meetings (3), but all of these laws concern the apparatus or hosting of gambling essentially.

How This Pertains to Live & Online Poker

The only provision of any real interest as it may pertain to online poker is the section that prohibits using telephones for gaming purposes. (4) Some have interpreted this to include using other means of communication, the internet in particular, to transmit betting information. However, the lack of applicability of the Federal Wire Act to online poker, where it was found by the courts that the intention was to prohibit the transmission of sports betting info and not apply to all telecommunications involving betting, does provide some guidance here.

Common carriers are subject to constraints as far as their allowing their communications to be used for unlawful purposes, but in order for this to apply to online poker, there must be a finding of illegality in the first place.

So to sum up a bit, you can probably operate a card room if the manner in which it was run did not violate the definition of illegal gaming, there is certainly nothing in the law that prohibits gambling in general as we normally think of it, including gambling in private. There’s no good reason to suspect that gambling online would be illegal either, although that part is certainly subject to interpretation, especially if you are using a dial up service to the internet, although this would involve the use of a telephone line, but not a telephone per se, and the law does specify the use of a telephone specifically and not just the use of telephone lines.

Playing Poker In Massachusetts

There are currently not any live card rooms or live casinos in Massachusetts, but this may change, as the state legislature passed a bill back in 2011 authorizing the licensing and building of three casinos in the state.

These casinos have yet to be built though, and we will have to see whether any of them will offer live poker as well as casino action. There is also an Indian tribe within the state that is looking to build a casino as well, but this hasn’t been built yet either.

In spite of this bill passing, it continues to face fierce opposition, and voters will be going to the polls in the fall of 2014 to decide whether it should be repealed or not. (5) Should it be repealed, this would be a huge setback to permitting lawful casino gambling in the state.

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There are several live poker rooms that residents of the state can travel to, and some are pretty handy, like those in neighboring New Hampshire and Connecticut.

Massachusetts is also one of the few states that are seriously considering passing a bill to allow online poker, although things are still in the works and there is still quite a bit of work to do in order to make that a reality, but it remains a real possibility in the coming few years.

In the mean time, there remains some very good options for those from Massachusetts who wish to enjoy all the fun that playing online poker provides. Here are our top recommended online poker sites for you:

Ignition Poker – they’re an industry leader in online poker (they just re-branded after buying the Bovada software) and is ready for you to play there right now if you are ready. They have both a poker room and an amazing online casino attached as well. Both the poker and casino side offer welcome bonuses of $1,000 each if you sign up for an account today.

America’s Cardroom – ACR is also eager to welcome you if you are from Massachusetts and also have a nice welcome package for you, including offer a signup bonus of up to $1,000 and access to one of the largest iPoker databases for online poker players.

References:

(1) Massachusetts General Laws, Chapter 4, Section 7, Definition of Statutory Terms; Statutory Construction

(2) Massachusetts General Laws, Chapter 271, Section 2

(3) Massachusetts General Laws, Chapter 272, Section 39

(4) Massachusetts General Laws, Chapter 271, Section 17A

(5) Massachusetts Court Allows Public To Vote On Repealing Casino Law

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Massachusetts has a long history of rebellion and individualism.

The home of the Boston Tea Party and Paul Revere has historically yielded passionate, hardworking, freethinking individuals.

It’s a bit surprising Massachusetts has taken so long to come to the party on casino gambling.

However, it is happening – right now.

Read on for more information about current legal gambling options in the state, how the stage is set for expansion of casino gambling in Massachusetts, and for details on how online lottery and online gambling could also be making their way to the Bay State.

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Social casino site options

Bay Staters can make use of all social casino sites available in most states. Slotomania, DoubleDown, BigFish, and Zynga are all available via Facebook or mobile device apps. They may also play on the Plainridge Casino site, which maintains a Play4fun network site due to the fact that the casino is owned by Penn National Gaming (which owns the Hollywood Casino chains). The advantage of playing on this site is that it allows Massachusetts residents to get a free preview of the offerings at Plainridge.

Background on expanded gambling in Massachusetts

In 2011, Massachusetts passed the Expanded Gaming Act. The law allowed for three Las Vegas-style casinos and one slots parlor to be constructed in the state. Specifically, the law divided Massachusetts into three regions. It allowed for one casino per region. Four years later, the Plainridge Park Casino (the slots parlor) opened to great fanfare in Plainville, Massachusetts. As evidence of approval for gambling in the state, the casino reached its allowed building capacity within a few hours, and cashiers were temporarily running out of money.

MGM Springfield opened on August 24, 2018, to fanfare and festivities. The nearly $1 billion property is located in the south end of Springfield and could be an economic shot in the arm for the city and region. (This is Region B under the law and covers the western third of the state.)

Encore Boston Harbor, opened June 2019. Originally named Wynn Everett and then Wynn Boston Harbor, it is a $2.5 billion property located in the Boston suburb of Everett. Under the law, this casino will serve RegionA, which is the middle third of the state. (It includes Boston, the state’s capital and largest city).

What remains is RegionC, the eastern third of the state, which includes Cape Cod and Martha’s Vineyard. This is an important area because of the overall wealth. The lag on its development is largely due to ongoing court battles with the two federally recognized (and therefore eligible) Native American tribes in Massachusetts.

The Mashpee Wampanoag tribe wants to build a $1 billion facility in Taunton. Resistance from residents is delaying the construction. At this point, it is still up in the air whether the tribe can proceed. The other tribe, the Aquinnah Wampanoag, resides on Martha’s Vineyard. They may have a better shot at approval from the court system, but nothing has been decided so far.

For now, Massachusetts can look forward to the three current mega-resorts underway in the state. In general, things have not been so dire in Massachusetts because of the state’s relatively small land area and its proximity to casinos in other states.

Residents and visitors to the state have two options in Rhode Island for slot play. There is the Twin River Casino in Lincoln and Newport Grand Casino in Newport. Beyond that, Bay Staters can also visit Connecticut’sMohegan Sun in Uncasville or Foxwoods Casino in Mashantucket. All four of these casinos are fewer than two hours’ drive from most of Massachusetts.

Below is information on Massachusetts casinos and the other excellent nearby options.

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Land-based slots options

Massachusetts Sports Betting

As of now, sports betting has yet to materialize in the Commonwealth. However, a new bill, which would authorize sports betting for various outlets, recently passed through the House and sent on to the Senate.

Massachusetts sports betting would be authorized for:

• Three commercial casinos
• A single slot parlor
• Horse racing tracks
• 5 online-only operators

In the Senate, though, the proposal stalled. But that does not mean hope is lost.

Massachusetts could still find a way to legalize wagering, as the legislature holds an informal session throughout the calendar year, during which time lawmakers will certainly discuss the industry’s legalization.

Online gambling options

Massachusetts does not have laws directly addressing online gaming one way or the other. As in many states, the legal framework simply hasn’t caught up to reality yet.

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However, Massachusetts has shown itself to be relatively agreeable to the notion of online gambling, as it was one of the few states to legalize daily fantasy sports betting. It’s possible that expansion to other forms of online gambling and sports betting will occur in the near future.

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State legal environment

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