Michigan Online Poker: Legal or Illegal?

Michigan is a vast state, both in size and residential popularity. It is ranked the 11th largest in the US by land mass and 9th highest in population with 9,895,622 (est. 2013). Made up of two peninsulas, Michigan is the only state bordered by all of the Great Lakes; a fact that earned the area its nickname, The Great Lakes State. While the economy draws from a highly diverse workforce, Michigan is generally known for its automotive industry, hence Detroit’s epithet, Motor City. The state may not be recognized as a gambling capital in the US, but there are actually more than two dozen casinos spotting the map.

Online poker has not worked its way into the hearts of lawmakers just yet, but there is evidence that casino operators are on board with the idea. Visit most of the land-based casino websites and you’ll find a link to a free online casino, meaning that if online gambling were to be regulated in Michigan, it would take a virtual flip of the switch for some operators to go live with a real money poker site. However, just because online poker isn’t legally regulated in Michigan doesn’t make it illegal to play by default. That determination can only be made by examining the express gambling laws of the state.

Land-based Gambling in Michigan

There is a long history of gambling in Michigan that dates back to the 1930’s, when pari-mutuel horse races were first legalized. The state began running its own lottery in 1972, and a push for commercial casinos began around that time as well, but it never got the support of the general public. Tribal casinos exploded onto the scene in the 1980s and ‘90s, but commercial casinos were still taboo until 1994, when a major casino opened just across the border in Canada. In 1996, voters decided that, because of all the money that was flowing north, it was time to launch a state commissioned casino industry in Michigan. While online poker may not have hit the Great Lakes State as a regulated activity just yet, we can safely say that Michigan officials are more than happy to collect tax dollars from gambling related sources.

Deciphering the Laws of Michigan as they relate to Online Poker

The following is a collection of legislative text taken from the Michigan Gaming Control and Revenue Act of 1996 and the Michigan Penal Code.

Section Text Meaning (in re online poker)
MGCRA 432.202 Definitions (v) “Gambling game” means any game played with cards, dice, equipment or a machine, including any mechanical, electromechanical or electronic device which shall include computers and cashless wagering systems, for money, credit, or any representative of value, including, but not limited to, faro, monte, roulette, keno, bingo, fan tan, twenty one, blackjack, seven and a half, klondike, craps, poker, chuck a luck, Chinese chuck a luck (dai shu), wheel of fortune, chemin de fer, baccarat, pai gow, beat the banker, panguingui, slot machine, any banking or percentage game, or any other game or device approved by the board, but does not include games played with cards in private homes or residences in which no person makes money for operating the game, except as a player. This definition includes poker and games played on a computer, therefore online poker is defined as a gambling game.
(x) “Gaming” means to deal, operate, carry on, conduct, maintain or expose or offer for play any gambling game or gambling operation. To play online poker is to participate in gaming.
MGCRA 432.218 Prohibited conduct… (1) A person is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $100,000.00, or both, and shall be barred from receiving or maintaining a license for doing any of the following:

(a) Conducting a gambling operation where wagering is used or to be used without a license issued by the board.

This section applies to operators, not players. By this edict, any operator that conducts online poker in Michigan without a state issued license would be guilty of a felony charge.
MPC 750.314 Winning at Gambling Any person who by playing at cards, dice, or any other game, or by betting or putting up money on cards, or by any other means or device in the nature of betting on cards, or betting of any kind, wins or obtains any sum of money or any goods, or any article of value whatever, is guilty of a misdemeanor if the money, goods, or articles so won or obtained are of the value of not more than $50.00. If the money, goods, or articles so won or obtained are of the value of more than $50.00, the person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00. To participate in a gambling game that is not authorized by the state is a crime. The amount of the winnings determine the severity of the penalty if convicted.
MPC 750-315 Losing at Gambling Any person who shall lose any sum of money, or any goods, article or thing of value, by playing or betting on cards, dice or by any other device in the nature of such playing or betting, and shall pay or deliver the same or any part thereof to the winner, and shall not, within 3 months after such loss, without covin or collusion, prosecute with effect for such money or goods, the winner to whom such money or goods shall have been so paid or delivered, shall be guilty of a misdemeanor, punishable by a fine not exceeding 3 times the value of such money or goods. Such loser may sue for and recover such money in an action for money had and received to the use of the plaintiff; and such goods, article or valuable thing in an action of replevin, or the value thereof in an action on the case. To lose money on a gambling game is also a crime, punishable by up to 3x the amount lost. However, the losing player has 3 months to sue the operator of the game for recovery of losses, which would only serve to pay 1/3 of the total penalty if convicted for losing at gambling.

 

Is Online Poker Illegal in Michigan?

Yes. When Michigan established a gaming commission, the laws governing that department were unequivocally authored to cover all bases. A gambling game clearly includes online poker, and anyone who operates a gambling game that is not authorized in Michigan is committing a crime. Therefore online poker sites are illegal, and operators face a harsh felony charge if caught accepting Michigan players. The players themselves can also be penalized with a misdemeanor where the severity of the punishment depends on the value of the amount won or lost.

Is Michigan working to Legalize Online Poker?

It’s hard to say, but there is evidence that online gambling could be in the cards for Michigan. Many of the state’s licensed casinos have websites where online gaming is already on the menu – it just isn’t available for real money yet. Ostensibly, operators are preparing for the eventual launch of regulated online poker in Michigan.

As for legislative activity, not much has happened lately. Back in 1999, lawmakers passed a bill that explicitly criminalized online gambling by restricting certain already-unlawful activities when conducted over the internet, but that measure was repealed the following year. In 2002 and 2003, Rep. Conyers proposed a study of internet gaming, but was denied both times. A decade later, a bill was proposed to initiate online lottery sales, but that was quickly shot down by a counter bill from Rep. Cotter.

In the end, there is too much opposition for online poker to be regulated in Michigan under current circumstances. But if we look back at the state’s previous aversion to commercial casinos, and what it took to get those authorized, it really is just a matter of time before state lawmakers and the voting public see iGaming in neighboring states as a threat to their land-based casino revenue. In short, as online poker expands throughout other US states, Michigan will surely hop aboard the bandwagon. The real question is not if, but when.

Online Poker Players from Michigan

Despite the fact that online poker appears to be illegal in the Great Lakes State, there are still plenty of players taking to the virtual tables. A few of the more prominent online poker players from Michigan include Evan “eham5” Hamstra, Arthur “michiganmick” / “scoop you” Millington, Alan “Lefores” Gibson, Jeremy “JGpp1101” / “BurnTheBoats” Gibson and Eric “AADYNASTY” / “Jerrrrrrrrome” White.

Land-Based Card Rooms in Michigan

Michigan is teeming with casinos, mostly of the tribal sort, but a few commercial branded ones as well, like the MGM Grand Detroit. The majority of them also host live poker action.

Bay Mills Resort and Casino
Location: Brimley, MI
Poker Room: Yes

Island Resort & Casino
Location: Harris, MI
Poker Room: Yes

FireKeepers Casino
Location: Battle Creek, MI
Poker Room: Yes

Four Winds Casino
Location: Dowagiac, MI
Poker Room: No

Four Winds Casino
Location: Hartford, MI
Poker Room: No

Four Winds Casino
Location: New Buffalo, MI
Poker Room: Yes

Greektown Casino Hotel
Location: Detroit, MI
Poker Room: Yes

Gun Lake Casino
Location: Wayland, MI
Poker Room: No

Kewadin Casino – Christmas
Location: Christmas, MI
Poker Room: No

Kewadin Casino – Hessel
Location: Hessel, MI
Poker Room: No

Kewadin Casino – Manistique
Location: Manistique, MI
Poker Room: No

Kewadin Casino – St. Ignace
Location: St. Ignace, MI
Poker Room: Yes

Kewadin Vegas Casino
Location: Sault Ste. Marie, MI
Poker Room: Yes

Kings Club Casino
Location: Brimley, MI
Poker Room: No

Lac Vieux Desert Casino Resort
Location: Watersmeet, Michigan
Poker Room: Yes

Leelanau Sands Casino
Location: Peshawbestown, MI
Poker Room Yes

Little River Casino Resort
Location: Manistee, MI
Poker Room: No

MGM Grand Detroit
Location: Detroit, MI
Poker Room: Yes

MotorCity Casino
Location: Detroit, MI
Poker Room: Yes

Odawa Casino Resort
Location: Petoskey, MI
Poker Room: Yes

Ojibwa Casino Baraga
Location, Baraga, MI
Poker Room: No

Ojibwa Casino Marquette
Location, Marquette, MI
Poker Room: Yes

Saganing Eagles Landing Casino
Location: Standish, MI
Poker Room: No

Soaring Eagle Casino
Location: Mount Pleasant, MI
Poker Room: Yes

Turtle Creek Casino
Location: Williamsburg, MI
Poker Room: Yes

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