Specific forms of gambling are allowed in the Golden State. The California Constitution prohibits several forms of gambling, but there is also a long list of exceptions. Examples of such are:
- casinos built on Indian land,
- and the state-run lottery
- Place a wager on horse racing.
Only a tiny subset of games, including banking games and percentage games, is explicitly outlawed in California Penal Code 330 PC. Poker games played for fun and not for profit are legal.
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When Did CA Allowed Gambling?
In California, you can legally gamble on the following:
- the State Lottery of California,
- Indian-owned casinos, or casinos on Indian reservations, are legal under federal law.
- gambling in authorized card clubs,
- Bingo, raffles, and other fundraising activities
- Place a wager on horse racing.
In addition, the penal code of California does not restrict the use of other games.
In any case, California has an 18-year-old legal gambling age.
Lottery in CA
To play the California State Lottery, you must be 21 or older. It was established in 1984 after Proposition 37.3 was passed. Through this legislation, the California State Lottery Commission was formed. This Commission may run the lottery games.
The components of a lottery game are defined as follows:
- an award,
- You only have to take your chances to win that prize, and
- You have to pay to enter the drawing for that reward.
Scratch cards are a common sort of lottery ticket.
Many games that can only be found in California are available through the Lottery.
- Hot Spot,
- SuperLotto Plus,
- Daily 3, and
- Daily 4
In addition, it features various games that are widely distributed in the USA. A few examples are included in the list below:
- Powerball, and
- Mega Millions.
Casinos That Are Tribal
The federal Indian Gaming Regulatory Act 5 permits casinos on tribal land for federally recognized Indian tribes. In California, 63 tribal casinos are open for business with valid licenses. Contracts are made between the state and the Native American tribe on managing Indian casinos.
Although 18 is the legal age to gamble in California, many casinos do not allow patrons under 21 since they sell alcohol.
The Card Rooms
A “card room” is a gambling establishment where customers can play various card games. They typically don’t have slot machines or other commonly played games of chance.
Card clubs must hold licenses because their California counterparts are more commonly known. More than 60 legal card rooms can be found around the state. Licenses and regulations for card rooms are the responsibility of the California Gambling Control Commission, which was inspired by its Nevada equivalent.
Due to the absence of house advantage and a rake, card rooms are permitted under current legislation. Instead, much of their money comes from:
- players are charged at set periods, usually every 30 minutes, or
- The act of taking anything from the pot with each hand, called a “rake,” in poker.
Games like pai gow often played with a bank, may also be available in card rooms.
Charitable Gambling
Charitable gaming events are a viable fundraising option for some non-profits. Only one event per calendar year is permitted to exceed a 5-hour duration. Players can only win prizes given for the fundraiser, not cash.
The 1976 amendment to the United States Constitution allows for this legal loophole in the context of unlawful gambling.
Horse Race Betting
In California, gamblers can place wagers at authorized racetracks and off-track betting facilities for horse races. Pari-mutuel wagering is the only legal way to bet on these events.
All bets in a pari-mutuel system go into a single pot. Taxes and the business’ take deplete the pool. Everybody who placed a successful wager gets a piece of the remaining pot.
Games That Aren’t Restricted by Criminal Laws
In California’s Penal Code 330 PC, two distinct types of illegal gambling are defined. This includes:
- gambles with bank money, and
- betting with numbers
A “bank” or “house” is present in banking games. During play, the bank takes funds from those who come in last and gives them to those who finish in the top spots.
Percentage games are ones where the “house” takes a cut of the winnings or wagers.
The criminal laws in California do not prohibit games that are not a percentage or financial games.
Poker games are not illegal as long as they are not being played for money.
What Kinds of Gaming Do Not Comply with California Law?
Some specific gambling games are prohibited under the California Penal Code. Games classified as percentage games or banking games are likewise forbidden. Besides horse racing, gambling on any other sports is against the law. So, too, is gambling on things other than sports.
Games specifically banned by the Criminal Code include:
- seven-and-a-half (7 1/2)
- roulette
- twenty-one (21),
- faro,
- lansquenet
- monte,
- rondo
- tan,
- rouge et noire,
- fan-tan,
- hokey-pokey.
Furthermore, it prohibits:
- percentage games, and
- banking games
Online Gambling Laws
California has not yet passed legislation to regulate online gambling, including real-money games. Despite the state’s prohibition on certain forms of gambling, residents of California are free to engage in such activities remotely. Games like online slots and other online casino games with no deposit bonus Canada, online sports betting, and online variations of blackjack and 21 fall into this category.
They can also access the internet to play games that may or may not be legal, such as online poker.
Sports Betting and Daily Fantasy Sports
Aside from wagering on horse races, it is against the law to wager on any other sporting event. Daily fantasy sports firms like DraftKings and FanDuel operate online but are not regulated in all jurisdictions. California has joined the ranks of states that have legalized online gambling.
Several ballot measures in the works for 2022 could alter this. The purpose of these ballot measures is to allow sports betting in California outside of the legislative process. Where punters can place those wagers varies between the two.
The Penalties
In California, illegal gambling carries a misdemeanor charge. There is a maximum penalty for convictions of:
- Fines of $1,000 and
- No less than six months of county jail time will be imposed.
Misdemeanor (summary) convictions can result in probation instead of incarceration at the judge’s discretion.