There is some legislation in the Colorado state gambling laws that mention “knowingly transmitting or receiving gambling information by telephone, telegraph, radio, semaphore or other means” but there is no specific mention of the internet or poker. Colorado law does allow charitable organizations to sponsor gambling events at a licensed retailer/operator. (This means a licensed casino in Cripple Creek, Black Hawk or Central City, Colorado.) The provisions governing these events are found in Colorado Revised Statutes, sections 12-47.1-901, 902 and 903. Colorado Online Poker Law. Lead by a strong allegiance of casino owners, the engine is slowly chugging toward making online poker legal in Colorado. With 40 casinos, many of which have poker rooms, Colorado has the political and lobbying infrastructure to get an online poker bill done. Colorado is a relatively poker-friendly state. Playing Poker & the Law in Colorado. There is no shortage of poker players in the state of Colorado, but many of them may not be 100% clear on how the laws of their state view their poker activity. The first thing that poker players in Colorado need to know: Poker is considered gambling by state. Colorado gambling laws under C.R.S. 18-10-103 limit legal gambling to the above exceptions. Otherwise, placing bets in a game or sporting event is illegal throughout the state. Otherwise, placing bets in a game or sporting event is illegal throughout the state.

Home» US Poker Laws » State Laws » Colorado

Relevant state code: 18-10-101 et seq.; 12-60-101 et seq.; 12-47.1-101 et seq.

Colorado Quick Links

• 1.The State of Colorado & Gambling Laws
  • 1.2What is Legal in Colorado?
• 2.Colorado Online Poker Laws Explained
• 3.Is It Legal to Play Poker?
• 4.Will Colorado Regulate Online Poker?
• 5.Colorado's Gambling History

Gambling in Colorado dates back to at least the late 19th century when icons like “Poker Alice” would roam from table to table, playing cards and raking in the dough. Gambling was a popular way to pass time at camps in pre-colonial Colorado – remember, the state only became a territory in 1861 before joining the union in 1876, and at the time the region was a mix of tribal communities and settlements populated by gold miners and settlers from the east looking for land and opportunity.

Colorado Gambling Laws

As far as legal definitions go, Colorado defines gambling as follows:

(2) “Gambling” means risking any money, credit, deposit, or other thing of value for gain contingent in whole or in part upon lot, chance, the operation of a gambling device, or the happening or outcome of an event, including a sporting event, over which the person taking a risk has no control, but does not include:

Bona fide contests of skill, speed, strength, or endurance in which awards are made only to entrants or the owners of entries;

(b) Bona fide business transactions which are valid under the law of contracts;

(c) Other acts or transactions now or hereafter expressly authorized by law;

(d) Any game, wager, or transaction which is incidental to a bona fide social relationship, is participated in by natural persons only, and in which no person is participating, directly or indirectly, in professional gambling; or

(e) [Repealed.]

(f) Any use of or transaction involving a crane game, as defined in section 12-47.1-103 (5.5), C.R.S.

Casino gambling is legal in three towns in Colorado: Central City, Cripple Creek, and Black Hawk. Not coincidentally, those three towns are also considered National Historic Districts and gambling is almost seen as a tradition there. In addition, there are two tribal casinos: the Ute Mountain Casino is in Towaoc and the Sky Ute Casino is located in Ignacio. Both of the tribal casinos operate outside the laws applied to the non-tribal casinos and they’re therefore open 24 hours a day.

What is Legal in Colorado?

All in all, there is a network of more than 40 gambling venues in Colorado. Approved games include poker, blackjack, roulette, craps, and slot machines, and the tribal casinos also offer keno.

Colorado residents can legally bet on dog and horse racing so long as the wagering is part of a pari-mutuel or pooled bet (the kind used at racetracks in Colorado and most other states). As of 2003, off-track simulcasts are also permitted.

Social gambling is allowed under the provisos that the game is secondary to a friendly gathering and that the host not rake or make a profit of the game. There have been pushes to classify poker as a game of skill, which would make it exempt under the gambling regulation/definition above, but that challenge was scuttled in the Supreme Court. Charity gambling is legal but limited to bingo and raffles that must be individually licensed by the state. Both types of events follow the “payment, luck, and prize” rule which basically says that all three of those elements must be present for a contest to technically be considered gambling. Therefore, a nonprofit could hold a casino night that offered no prizes or no buy-in and scoot right through the legal loophole.

Colorado does have a state lottery as well as scratch tickets. It also participates in multi-state lotteries such as Mega Millions and Powerball.

Penalties for gambling in Colorado are staggered. Individual gamblers can be convicted of a class 1 petty offense while professional gamblers are subject to a class 1 misdemeanor for the first offense but repeated offenses pump the charge up to a class 5 felony. Underage gambling is considered a class 2 misdemeanor, punishable by up to 12 months in jail and a maximum $1000 fine. Facilitating the gambling of a minor is a felony. Possession of a gambling device (defined as “any device, machine, paraphernalia, or equipment that is used or usable in the playing phases of any professional gambling activity, whether that activity consists of gambling between persons or gambling by a person involving the playing of a machine; except that the term does not include a crane game”)is also a class 2 misdemeanor, also rising to the level of a class 6 felony of the offense is repeated.

Colorado Online Poker Laws

Colorado is yet another state that has yet to take an official stance on US online poker, at least as far as specific laws go. There is nothing on the books that singles out online poker or anything similar, however internet-based gambling is assumed to illegal under the umbrella gambling laws already in place – something backed up by a statement issued by the Colorado Attorney General in 2005. Basically, until online poker is listed as a specific exemption or otherwise licensed, it remains illegal by default.

That said, enforcement is scarce if not nonexistent. There simply isn’t much interest in policing people who want to play online poker from the comfort of their own homes and most if not all online poker sites happily welcome players from Colorado.

Is it Legal to Play Poker in Colorado?

Yes! As long as you’re playing at one of the card rooms in a licensed casino you can legally play poker in the state of Colorado. In fact, many of the casinos host tournaments that attract some serious talent all vying for the increasingly hefty jackpots. Social gaming is also permitted provided all participants abide by state law and there is a movement to classify poker as a game of skill so it would be exempt from blanket gambling regulations.

Will Colorado Regulate Online Poker?

Colorado is the land of soaring peaks and a proliferation of fun-filled outdoor activities, but the Rocky Mountain State is also one of the first in the nation to legalize marijuana for recreational use. What does that have to do with gambling? Well, everything or nothing, depending on your outlook. The legalization of marijuana does more than hint at a progressive population – it also points towards a legislature that recognizes the need for progress and legal evolution. The ability to tax online poker would be a major asset to the state’s coffers much in the same way that taxing marijuana has benefited the state.

The Colorado Gaming Association is responsible for much of the pro-gambling push. They have been talking about a new bill that would legalize online poker and generate that aforementioned tax revenue – much of which would theoretically go to support community concerns such as education – but action has yet to be taken.

History of Gambling in Colorado

Many believe that the first casino in America is Brown’s Saloon, which was built in 1822 on the corner where Colorado, Utah, and Wyoming meet.

In 1983, Colorado launched their state lottery. Powerball and Mega Millions became available later, in 2001 and 2010 respectively. Colorado added the 22-state Lucky for Life game to the state’s lottery list in 2016.

Casino gambling was officially legalized in 1991 but limited to the historic towns of Black Hawk, Cripple Creek, and Central City. Guidelines mandated a maximum bet of $5 (hardly high stakes by Vegas standards) and the minimum age was set at 21 years old. The law was hotly contested, with more than 41% of voters going against the proposition.

In 1995, the state signed compacts with the Ute Mountain and Southern Ute Tribes that allowed them the right to run casinos independently from state oversight and regulation. The tribal casinos are also tax exempt but other rules governing betting limits and the type of approved games allowed on premises stand (with the noted addition of keno).

The Bingo-Raffle Advisory Board was created in 1999 to license charity games including so-called “Las Vegas Nights” as well as the obvious bingo games and raffles. Licenses are restricted to nonprofit organizations that intend to use the events solely for fundraising purposes.

In 2008, Colorado passed Amendment 50 granting the three casino towns the right to adjust their own regulations. Bets for table games were raised to a maximum of $100 per hand and slot games saw a similar rise in stakes. The types of table games also expanded to include craps and roulette alongside poker and blackjack and the original 2am curfew was lifted to allow round-the-clock gambling.

The state of Colorado bucks the trend among American states, most of which create complex and headache-inducing legislation regarding gambling. Colorado’s gaming regulations are downright pithy compared to other states.

The state government of Colorado is mostly interested in blocking the type of gambling that involves organized crime. That means they aren’t all that interested in busting individuals for hosting home games or gambling on the Internet, but the regulations that exist to include some poker restrictions. The end result is that, in The Centennial State, home games are legal (if they follow a few rules and regs), and casino poker is easy to find. Colorado is a relatively poker-friendly state.

Playing Poker & the Law in Colorado

There is no shortage of poker players in the state of Colorado, but many of them may not be 100% clear on how the laws of their state view their poker activity.

The first thing that poker players in Colorado need to know: Poker is considered gambling by state law. This is asserted by the definition of gambling Colorado employs, found in Section 18-10-102, whereby games that are 'contingent' on chance, whether 'in whole or in part,' are considered gambling and thereby subject to the state's gambling laws.

The characterization was also supported by the Colorado Supreme Court in 2010 when the court refused to hear an appeal of a lower court's ruling that poker constituted gambling.

What's the practical impact of that legal reality? In a nutshell: only games of real-money poker that are specifically legal per state law are allowed, and all other games are on questionable legal ground.
That naturally leads to the next question of what types of poker Colorado law specifically permits. You have two ways to play real-money poker and remain in complete compliance with Colorado law. The first is to play at a regulated casino in one of the towns designated for regulated gambling in the state (Blackhawk, Central City and Cripple Creek). You'll find poker rooms at plenty, including Colorado Belle and Casino Black Hawk.

The second is to take advantage of a part of Colorado law that recognizes the right of those in the state to participate in so-called 'social gambling.' As laid out in Section 18-10-102 of Colorado's statutes, social gambling occurs when no party profits from running the game, all participants have a valid social relationship and no businesses or non-persons are involved.

Finally: as of this article, the list of legal charitable gambling options in Colorado did not include poker.

Colorado Poker Laws

Is Gambling / Poker Legal in Colorado?

Evidence of Colorado’s liberal poker law is the fact that the penalties for illegal poker play aren’t very harsh. If you read section 18-10-103 of the State Penal Code, you’ll see that “ . . . a person who engages in gambling commits a class 1 petty offense.” That means breaking existing poker laws results in a penalty that isn’t enough as harsh as a misdemeanor; essentially a small fine. Break the state’s gaming law and you’re most likely to get the legal equivalent of a slap on the wrist.

When it comes to playing the game online, the law is less clear. In section 18-10-106 of state law, it states that “Whoever knowingly transmits or receives gambling information by telephone, telegraph, radio, semaphore, or other means or knowingly installs or maintains equipment for the transmission or receipt of gambling information commits a class 3 misdemeanor.”

A class 3 misdemeanor is a little more than a slap on the wrist, but as of this writing, no one has been prosecuted for this offense. Consult a lawyer if you plan on playing online poker in Colorado and want to make sure you’re not breaking the law, though it seems clear that any sort of online wagering is against state law.

Are Home Poker Games Legal?

As in most states, home poker games in Colorado are legal if they follow a handful of simple restrictions. As stated before, the state government is concerned almost exclusively with home games related to organized crime. The state law goes so far as to say specifically that Colorado wants to “ . . . avoid restricting participation by individuals in sport and social pastimes which are not for profit, do not affect the public, and do not breach the peace.”

Learn About Other State Laws

Minnesota Poker Laws

That means that a private home poker game is legal as long as it is kept in private and is not operated for profit. In Colorado, the game’s host can play and even collect winnings, but is not allowed to charge any sort of entry fees or rake any pots.

Coloradans enjoy some of the most relaxed anti-gambling laws in the country, as long as they follow the few restrictions written into the state code. Obey the law, don’t rake your home game pots, and (if you’re really worried about being in trouble with law enforcement) avoid playing online poker within state lines.

Colorado Online Poker Laws

You can find more information about poker and gambling laws in Colorado here: http://www.colorado.gov/cs/Satellite?blobcol=urldata&blobheader=application%2Fpdf&blobkey=id&blobtable=MungoBlobs&blobwhere=1251779563698&ssbinary=true