What the law says
Poker players have argued for years that their game is about skill, not luck, and in 2012 they briefly won. A federal judge in New York, Jack Weinstein, heard expert evidence, decided that skill outweighs chance in Texas Hold’em and cleared a man who had been running poker games. The win didn’t last. In 2013 the Second Circuit court of appeals reversed it, saying the skill question didn’t matter because the games broke New York’s gambling law, and his conviction was reinstated.
UK law is even clearer. The Gambling Act 2005 says a “game of chance” includes any game with both an element of chance and an element of skill, so poker counts as gaming no matter how good you are.
Why the skill argument hasn’t won
The skill argument is fair as far as it goes. Professional players make a living, and nobody makes a living at roulette. The problem is that skill only shows over a large number of hands. In any one session the cards can beat the best player at the table, and most gambling laws only need chance to play a meaningful part, not to dominate.
What it means for you
Play at licensed sites and card rooms, because that’s where your money and the game’s fairness are protected. Treat a poker bankroll like any other gambling budget, and remember that being good at the game doesn’t stop a bad run from costing real money.
Questions people also ask
Is poker a game of skill or chance?
Both. Over a long run, skilled players beat weaker ones, which is why professionals exist. In any single hand or session, luck can beat skill.
Is playing poker with friends for money illegal?
It depends where you live. Many US states allow small private games where nobody takes a cut, but rules vary, so check your state's law.
Is free poker gambling?
No. Without real money at stake there's no payment and no prize, so play-money poker apps aren't gambling.
Sources
- United States v. DiCristina, No. 12-3720 (2d Cir. 2013)
- UK Gambling Act 2005, section 6 (gaming and games of chance)