Gambling Laws For Massachusetts
There are many hobbies in the United States that are incredibly popular and perhaps even potentially profitable, but perhaps none that exist in as gray an area legally speaking as gambling.
When enjoyed responsibly, a regular gambling hobby can offer a lot of fun and excitement, as well as the potential for profit but the legal terrain one must navigate in order to enjoy their hobby free from interference can be a bit rocky at best. Federal laws that have passed through the Supreme Court and are applicable to all US citizens strictly regulate the facilitation of gambling and betting, but leave the otherwise honest resident who merely wishes to place a wager on some game of chance well enough alone.
Fortunately for Massachusetts residents, their commonwealth essentially falls in line with this rationale. However, it is always best to enter a situation as educated as possible. The following page will take an in-depth look at all the Massachusetts gambling laws that affect gambling and analyze them in plain English, as well as guide any interested Massachusetts residents towards the safest possible means of enjoying a gambling hobby.
Legality of Gambling in Massachusetts
Strictly technically speaking, in accordance with the letter of the law, it is a criminal act to gamble in the Commonwealth of Massachusetts. However, there is one important thing to note here. As one of the first ratified states in the union (one of those 13 original colonies, in fact) Massachusetts is home to some truly antiquated legislation.
Chapter 271, section two of Massachusetts legislation defines gambling (or “gaming” as it is referred to throughout the document) as playing at “cards, dice or any other game for money or other property, or bets on the sides or hands of those playing.” While this is an all-encompassing definition of gambling that leaves room to exempt very few activities, it is worth noting that the punishment for such a crime is a fine of no more than $50 and up to three months in jail.
Based both on the language surrounding the law and the small fine associated with it, it’s easy to surmise that this law has not been updated in quite some time. It should therefore come at very little shock to learn that this law is not widely prosecuted, if it is even prosecuted at all. In order to find any record of one being arrested in Massachusetts and hit with that whopping $50 fine was during the War of 1812.
Needless to say, this was quite some time ago and bears almost no impact to the enforcement of laws in modern society.
However, Massachusetts residents should not take this to mean that there are absolutely no penalties associated with gambling written into the commonwealth’s legislation. In one of the more recently added passages in accordance with gambling laws, chapter 271 section 16a of the legislative documents states that the penalties for “promoting gambling” can result in a fine of up to $10,000 and up to 15 years in prison.
This is obviously a much more serious crime and penalty, and action should be taken to avoid being caught up in this act and potentially facing serious criminal charges.
How Gambling & The Promotion of Gambling Differ
The good news for prospective gamblers in Massachusetts looking to avoid that big time penalty is that it is actually a distinctive definition, and in fact very separate from the act of gambling. It is nigh impossible to switch from “gambling” to the promotion of such an act inadvertently.
Whereas the act of gambling means merely participating in the betting or wagering on any game of skill or chance, in order to be convicted of “promoting” gambling, one must not only be hosting said game of skill or chance, but profiting from it as well. To be clear, this does not entail profiting from the gambling as in the host is betting and wagering on an even playing field and winning, they need to be specifically in a situation where they may profit off of the gambling even if they are not wagering themselves.
Some examples include the host acting as the “house” in any traditional casino table games. This is because the “house” always has the highest chances of winning these games. Hosting a private game of poker amongst friends can turn into gambling promotion if the hose charges admission for the privilege to play or collects “rake” (a small percentage of every pot taken as profit) from the game. If, instead of taking a friend up on a bet in a sports match they keep a book of various bets and assume the responsibility of paying out winning bets while collecting from losing bets and keeping the profits, then, they are “bookmaking” which also falls under the gambling promotion umbrella.
Just so long as Massachusetts residents avoid these specific acts mentioned in Massachusetts gambling laws, they should avoid attracting too much attention – or indeed, any attention at all – from Massachusetts law enforcement agencies.
Betting Laws In Massachusetts
Massachusetts Sports Betting Laws
When the Professional and Amateur Sports Protection Act (PASPA) was passed through the Supreme Court in 1992, four states were granted an exemption from this policy that restricts all other states from facilitating sports betting. Unfortunately, Massachusetts was not one of those states. This being the case, there are no land based facilities where residents may legally bet on sports.
However, the penalties for actually betting on sports are light and antiquated and as a result, not enforced. Unless a Massachusetts resident truly believes the state troopers will hunt them down in search for that $50 fine sports betting carries with it, they will be perfectly well served betting with reputable and legal online sportsbooks.
Massachusetts Casino Gaming Laws
In recent amendments to commonwealth legislation, Massachusetts has actually loosened their policy and allowed for the construction of state sanctioned casinos within their territory. As of the writing of this article, Massachusetts has a couple of state sanctioned facilities as well as a few casinos federally exempt under the Indian gaming act under construction in the state.
However, while residents wait and even after the casinos are open for business, considering the antiquated, unenforced laws currently governing the act of gambling within the commonwealth of Massachusetts, residents would be perfectly well advised to check out any legal online casinos they find to their liking.
Massachusetts Poker Laws
Due to the extreme popularity of the game of poker, many states and commonwealths write exemptions for poker into their laws by classifying them as “games of skill.” Unfortunately, Massachusetts does no such thing, outlawing the betting on all games played with cards.
However, it is still an antiquated unenforced policy which governs poker. If, while Massachusetts residents await the construction of legal, land based casinos within their states that are sure to contain several tables dedicated to poker, they should feel at liberty to look into legal online poker rooms for Massachusetts residents.
What's The Legal Gambling Age In Massachusetts?
Since gambling action in Massachusetts is largely de-criminalized, it would be foolish to attract any unnecessary legal action upon oneself for an activity the law should take no umbrage with. However, any Massachusetts resident who chooses to gamble underage would be doing just that. The legal gambling age in the commonwealth of Massachusetts is 21, and it’s strongly recommended all prospective gambler wait until they are of legal age before opting to participate.
Massachusetts gambling laws say all offenders found guilty of gambling underage will not only have penalties imposed by their home state to deal with, they will be banned from whichever gambling facility they were using and all of their winnings and money will be forfeit, effectively killing any benefit an underage gambler saw in taking the risk anyway.
|
General |
|---|
| 18 |
|
Lottery |
|---|
| 18 |
|
Casinos |
|---|
| 21 |
|
Poker |
|---|
| 21 |
|
Pari-Mutuel |
|---|
| 18 |
|
Bingo |
|---|
| 18 |
Where to Legally Gamble in Massachusetts
On-Land:
Although there have been no land based casinos in Massachusetts to date, recent legislation has allotted for the opening of new casinos that should be available by June of 2015. In addition to a couple state sanctioned casinos, there are also a couple federally-exempt tribal casinos under construction in Massachusetts, so for a state that is relatively small land mass wise, their options will be skyrocketing through the roof.
These casinos will function mainly as entertainment hubs, featuring not only table games and slot machines, but popular shops and fine dining establishments. While poker tables should be prevalent at these locations, federal law will still prevent them from offering up legal sports betting.
While the arrival of these new, state-of-the-art facilities is certainly exciting, it may not be the most convenient option that Massachusetts residents hope for. After all, casinos are elaborate and expensive labyrinths built to keep you in. They could make for a fun afternoon, but spending a little bit of time there regularly may not be practical.
Online/Web-Based:
Thankfully, for the casual gambler who wishes to participate in their hobby more regularly or even on the go, there are several legal gambling websites for Massachusetts residents to choose from.
It has already been established that the act of gambling in Massachusetts is, for all intents and purposes, decriminalized by virtue of ancient legislation that has not been updated since the ratification of the state constitution, but we have not explained how these legal gambling networks work around the heavy “gambling promotion” law.
The answer is simple: location. These legal gambling sites are located in foreign territories, which puts them well outside the jurisdiction of not only Massachusetts law, but federal law as well. Since these websites may function legally and a Massachusetts resident will face no legal penalty for merely using them to place bets, it can be deduced that one can use any of these fantastic products to their heart’s content.
The legality of these gambling networks are important for several reasons, but perhaps most importantly is that it assures they will be certified by a reputable international gaming commission. These agencies will ensure that the online sportsbook, poker room or casino offers fair play to all of its clients, and that payouts are honest, efficient, and speedy.
No Massachusetts resident should fret over gambling with these foreign websites. They have been around almost as long as the internet, and have even heavier financial security that online retail giants like Amazon.
Best Overall Massachusetts Betting Sites
Bovada Sportsbook
Sports, Poker, Horse Racing & Online Casino Games
If you live in Massachusetts and have an interest in gambling online, there is an important decision you must make. Are you looking for the best sportsbook in the business, the most secure and comprehensive poker room, or the most fun and glamorous online casino the world has ever seen? Whatever your answer, don’t worry, it’s a trick question. All these things are under one roof at Bovada, the most secure, discrete, and safest online gambling network accepting Massachusetts residents.
The perks and rewards Bovada will shower you with will make you feel like royalty and the products are the finest on the web. However, perhaps best of all, Bovada members can carry their fully functional casinos around with them in their front pockets thanks to Bovada’s state of the art mobile app. Stuck in the DMV for the afternoon? Why not use your most powerful computer to help pass the time and maybe even earn a couple bucks? When you bet with Bovada, the world opens up right at your fingertips.
Other Trusted Gambling Sites For Massachusetts
More About Using MassachusettsGamblingLaws.com
We here at MassachusettsGamblingLaws.com are not lawyers. While we are confident in the information about Massachusetts gambling laws in this article and the research that we did to write it, it cannot be considered a legal consult. If you have further questions regarding gambling policies in the Commonwealth of Massachusetts or especially if you are already in legal trouble related to gambling, we strongly advise you to contact a lawyer, or to at least visit the Massachusetts legislature directly at https://malegislature.gov.