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Online poker is not legal in the state of South Carolina. The set of laws and rules regarding gambling is amongst the most strict of the United States. My ONLY Recommendation for Online Poker in South Carolina? Get your FREE $5 casino chip and a 100% bonus up to $1,000 at Ignition! References: (1) South Carolina Code of Laws, 16-19-40, Unlawful Games and Betting (2) SunCruz Casino Poker (3) South Carolina.

Online Poker in South Carolina – Estimated date of legalization: 2021-2022

Important SC Notes

• Licensed poker sites offshore legally allow SC players
• A poll showed 68% of SC voters oppose internet gambling
• Yet, SC voters want to expand gambling by a 2-1 margin
• State Lottery is the only main form of gambling allowed
• Racetracks, charity, pari-mutuel, comm/tribal casinos illegal

“Reviewed by Chuck Humphrey – 50 year Gaming Law Practitioner”

The current law prohibits practically all forms of gambling, poker included, strengthened by a recent ruling by the Supreme Court. There are no licensing structures in place to regulate online poker or online gambling in any form, nor are there any plans to introduce some kind of authority to regulate this type of industry in the near future. Playing from South Carolina is only available by offshore poker sites. It is NOT illegal for a US citizen to play at these type of sites but at sole risk (low) of the current sites to operate ethically and pay.

Future Outlook of Online Poker in South Carolina

The following graph tracks our expected legislation of online poker in South Carolina on a state law level. It is currently already legal on a Federal level. This graph monitors the current rise or fall of expected legalization.

Recent Activity
South Carolina is one of the states where online gambling or poker will probably not become a reality in the near future. A poll was taken in July 2014 that asked 1,000 likely voters in South Carolina if they favor or oppose legalized gambling over the internet in their state. The results showed that 68% opposed it. The state’s strict anti-gambling laws have been in place since the turn of the 19^th century and remain largely unaltered. With this type of track record in progression, it seems highly unlikely that the Palmetto State will be rushing to adopt internet poker regulations for some time to come.

It is still early to see whether South Carolina will act on the 2012 Department of Justice[A] opinion that the Wire Act does not apply to internet gambling at casinos or poker sites. However, from a number of extreme reactions to online gambling issues involving the state, it is difficult to remain optimistic.

In 2011, the Greenville US Attorney’s Office and Sheriff’s Office, in collaboration with federal authorities, seized over $2 million[B] from two companies that were accused of transferring money to and from internet gamblers. It was alleged that the companies managed to maneuver over $40 million through offshore online gambling sites to the United States, and charges, among others, included money laundering, fraud and the violation of the controversial Unlawful Internet Gambling Enforcement Act (UIGEA). The Greenville County Sheriff’s Office enjoyed over $700,000 from the spoils of war, and a major press conference was held to announce the results of the operation on the exact day of the five year anniversary of the UIGEA.

History of Gambling in South Carolina

Land Based Poker in South Carolina

South Carolina does not offer any type of legal outlet for poker players to enjoy a game. There are no commercial or Indian casinos where poker rooms are available, nor are charitable poker games legal.

Anti gambling laws, dating from 1802, cover all games of cards or dice, even if no wagers are involved. The relevant state code 11-19-1 et seq., Section 16-19-40[C] states as follows:

“Any person shall play at any tavern, inn, store for the retailing of spirituous liquors or in any house used as a place of gaming, barn, kitchen, stable or other outhouse, street, highway, open wood, race field or open place at (a) any game with cards or dice, (b) any gaming table, commonly called A, B, C, or E, O, or any gaming table known or distinguished by any other letters or by any figures, (c) any roley-poley table, (d) rouge et noir, (e) any faro bank (f) any other table or bank of the same or the like kind under any denomination whatsoever or (g) any machine or device licensed pursuant to Section 12-21-2720 and used for gambling purposes, except the games of billiards, bowls, backgammon, chess, draughts, or whist when there is no betting on any such game of billiards, bowls, backgammon, chess, draughts, or whist or shall bet on the sides or hands of such as do game, upon being convicted thereof, before any magistrate, shall be imprisoned for a period of not over thirty days or fined not over one hundred dollars.”

Anybody caught flouting the law could be sentenced to a maximum prison sentence of 30 days and/or a $100 fine. The law is bit tougher with those caught running gambling activities, frowning even more on those who offer gambling services “on the Sabbath day”.

Poker laws were challenged several times over the years, with the most notable case involving Bob Chimento and another 22 players who were playing poker in a house in Mount Pleasant, South Carolina, when a police raid resulted in their arrest in 2006. All but five players pleaded guilty and were made to pay small fines. Chimento and four others, however, insisted on a jury trial.

“The reason we’re fighting the law is because we want to get our state representatives to change this law,” Chimento said. “We’re just a bunch of average Joes playing cards. We want to be able to play cards in our homes. They’re trying to intimidate people to quit playing poker.

For three years, the case dragged on until a surprise ruling in 2009 overturned the men’s convictions when Circuit Judge R. Markley Dennis rules that poker is a game of skill as opposed to a game of chance. The judge noted that the 1802 law was, “unconstitutionally vague and overboard” and therefore, ruled on the reversal of the 2006 convictions.

Chimento and the other men’s joy was short-lived, however. In November 2012, the South Carolina Supreme Court ruled that that the illegal gambling convictions of the men should not have been overturned and the state considers poker games, even those run in homes, as unlawful, regardless of whether poker is a game of skill or chance.

“Whether an activity is gaming/gambling is not dependent upon the relative roles of chance and skill, but whether there is money or something of value wagered on the game’s outcome,” wrote the judges in a ruling, incidentally, that was not unanimous.

Gambling Laws in South Carolina

Gambling options in South Carolina are scarce. Besides the state run lottery, authorities allow a number of commercial cruises to depart from the state. There are no commercial land based casinos to speak of, nor are there any tribal gaming options.

Laws covering gambling are the same that relate to poker as noted in the section, ‘Land Based Poker in South Carolina’.

South Carolina’s gambling issues were tested in 1990s when video poker casinos began popping up all over the state. At their peak, there are 33,000 video poker machines in operation in a state of just over 30,000 square miles in size – around one video poker machine per square mile.

In 2011, the state Legislature voted to end all video poker gambling unless voters decided to keep the machines in place. In the same year, the Supreme Court ruled that a referendum would be unconstitutional, but opted to leave the ban in place anyway. The result was that a $3 billion annual revenue industry was literally shut down overnight on July 1^st, 2012.

The Los Angeles Times[D] called it the “biggest rollback of legalized gambling in US history.”

As noted, there are no tribal casinos in South Carolina. The state’s only legally recognized tribe, the Catawba people set up enterprises to gain revenue from gambling when the federal government recognized the rights of Native Americans to conduct gambling on sovereign land. The tribe formed a partnership with SPM Resorts of Myrtle Beach to manage bingo and casino operations, and the Catawbas ran a Rock Hill based bingo parlor for a number of years. The facility was sold in 2007. In 2006, the tribe filed a suit against the state for rights to operate video poker and other similar devices on sovereign land. While they were successful in the lower courts, the Supreme Court overturned all prior rulings and refused to hear the tribe’s appeal in 2007.

Non betting horse racing is allowed at Springdale Course Track in Camden, which is used for the Carolina Cup[E] and Colonial Cup International Steeplechase only.

Sports betting is essentially illegal in South Carolina, and the state does not license nor authorize bookmaking businesses. It is illegal for bookies to accept bets, and it is illegal for state residents to play bets. Several offshore online bookmakers accept bettors from the state.

The South Carolina lottery is an official state run lottery known as the South Carolina Education Lottery[F]. Founded in 2000, the lottery does not allow the purchase of lottery tickets over the internet and these may only be purchased from a licensed retailer. Lottery players have to be 18 years of age or older to buy a ticket. Lottery tickets may be purchased by residents of other states, however they have to be purchased inside the state. There are no sales tax charges on lottery tickets, while the SCEL will withhold taxes from lottery winnings over $500. Prizes need to be redeemed within 90 days of the end of a scratch card game, or 180 days in the case of larger lotteries. The lottery offers instant games such as Pick 3, Pick 4, Palmetto Cash 5 and Carolina Cash 6, as well as major national lotteries such as Powerball and Mega Millions.

There are two casino cruises that are allowed to depart from South Carolina shores and offer casino and poker. The Diamond Girl 2 Casino Cruise (Big M) offers 200 slot machines, 12 table games and 2 poker tables, with anybody under the age of 21 denied the right to board the boat. The SunCruz Casino of Myrtle Beach[G] offers 470 slot machines, 22 table games and five poker tables. The allowable gambling age is 18 years old. The boats sail three miles out into international waters, where they anchor to allow gambling to take place.

Laws governing cruise casinos are found under Section 3-11-100[H] which defines a gambling vessel as, “boat, ship, casino boat, watercraft, or barge kept, operated or maintained for the purpose of gambling, with one or more gaming establishments aboard, that carries or operates gambling devices for the use of its passengers or otherwise provides facilities for the purpose of gambling, whether within or without the jurisdiction of this state, and whether it is anchored, berthed, lying to, or navigating, and the sailing, voyaging, or cruising or any segment of the sailing, voyaging or cruising begin and ends within this state.”

Social bingo games are allowed in South Carolina, subject to strict regulations of the department which oversees this pastime, the SC Department of Revenue’s Bingo Licensing and Enforcement[I]. As of November 4, 2014, charitable raffles are now allowed. Laws governing charitable gambling in South Carolina are listed under Section 12-21-3950[J]. “A promoter under contract with a licensed non-profit organization to manage, operate, or conduct a game shall file a written application for a promoter’s license in a form prescribed by the department.” There are essentially six different classes of bingo, Class AA, B, C, D, E and F, some of which come with a cost and others not. Admission fees are subject to the class of the license.

Author:Joseph Falchetti (twitter)
(C) Copyright PokerWebsites.com, 2018

References and Citations

Like its nearest neighbors Georgia and North Carolina, South Carolina has adopted a very conservative stance towards real money gambling expansion. In fact, the Palmetto State is so traditional that just the mention of state regulated real cash Texas Hold’em poker and other Internet gambling games would probably be enough to set its officials into a tizzy.

No, the prospects of legit iGaming and real money Internet poker ever being regulated under SC law are pretty dim. Now, that doesn’t mean Internet gambling and betting games like Texas Hold’em poker online will never reach the citizens of Columbia, Charleston and Myrtle Beach. It’s just that several factors will have to line up perfectly before any progress is made with regard to lawful online gambling on real money poker websites.

As of today, it is our opinion that South Carolina is currently one of the five U.S states least likely to regulate online poker and other legal Internet betting games in the foreseeable future.

Finding a real money US poker site can be a challenge if you’re in The Palmetto State. Lucky for you, we’ve found the best poker websites for South Carolina gamblers.

The South Carolina Gambling Poll of 2013

Quick Jump

• 5 The Facts

In late 2013, a rare sign of life in South Carolina’s otherwise stagnant gambling culture presented itself. A poll was sent out to the SC State’s registered voters asking for their opinion on a variety of topics, including casino gambling, video poker and the lottery ^[1]. Focusing on whether citizens think it’s fair for state officials to ban private sector gambling, yet still run a statewide lottery, the poll’s presence is a firm indicator that at least some of South Carolina’s residents favor the idea of legalized gambling and games such as Texas Hold’em poker.

Unfortunately, Republican Governor Nikki Haley is morally opposed to the idea. So much so, that her personal objections supersede her willingness to create 10,000 new jobs via the construction of a brick and mortar casino. That’s a shame, especially considering that since the end of 2013, South Carolina’s unemployment rate has been higher than the national average ^[2].

Can Players from South Carolina Play Online Poker?

Yes! Despite the state’s vehement stance against regulated gambling, SC residents should have no trouble creating an account and depositing funds onto any of the US poker rooms on our homepage in order to enjoy some exciting Internet poker gambling for real cash. However, players should be warned that South Carolina’s leniency towards online poker betting may change at some point in the future. Our guidelines will be updated to reflect any noteworthy changes.

Latest South Carolina Poker News

Is Online Poker Legal in South Carolina?

There is no state legislature that specifically addresses the legality of online gambling and playing games like Texas Hold’em poker. So, while iGaming will probably never be regulated by the State, it may never be directly outlawed either. With that said, South Carolina’s gambling statues are among the strictest we’ve come across.

Currently, due to the state’s outdated gambling statues, the legality of real money online poker and betting on Internet websites resides in a murky gray area, and can be interpreted a number of different ways. Of course, it’s always best to seek professional advice regarding sensitive legal matters, and we encourage you to do so before playing any gambling games online.

In the meantime, we have taken the liberty to dissect SC’s existing gambling laws, as listed below:

• South Carolina’s gambling statues do not provide a definition of gambling. However, they do explicitly state that any game involving cards of dice (such as Texas Hold’em poker or craps), or any gaming table, in so long as the game takes place at any tavern, inn, store for the retailing of spirituous liquors or in any house used as a place of gaming is unlawful, regardless of whether any wagering takes place. The penalties for participating in unlawful games and betting are imprisonment for a period of not over thirty days and a fine of not over one hundred dollars.
• The owner of the tavern, inn, retail store, public place or house used as a place of gaming is subject to much harsher penalties, including twelve months in prison and a two thousand dollar fine. Section 16-19-40.
• In keeping with its Bible belt traditions, South Carolina’s gambling laws ban any game from being played on the Sabbath (Sunday). The penalty for breaking the law is fifty dollars. Section 16-19-70.
• Betting on elections is considered a misdemeanor. Upon being convicted, guilty parties shall be fined a sum not exceeding five hundred dollars and be imprisoned not exceeding one month. Section 16-19-90.
• Merely keeping a gaming table for playing Texas Hold’em Poker or any other betting game at one’s home is worthy of a $200 – $500 fine.
• All sums of money staked, betted or pending on the event of any game can be seized by state officials. Section 16-19-80
• There is no mention of the words, Internet, computer or online anywhere in South Carolina’s gambling laws.

Online Poker South Carolina Lottery Results

As clearly evident, SC, at least in theory, takes the issue of gambling very seriously. However, it also seems as though the statues haven’t been updated in decades, and are probably not a reflection of the SC State’s current stance.

To read more about South Carolina’s gambling laws ^[3], refer to the “References” section.

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The Facts

The History of Gambling in South Carolina

Accounts of gambling in the Palmetto State date back to the late 1700s. During the state’s early days, its inhabitants would actively gamble on the results of dog fights, wrestling, boxing, horse races and other competitive sports. Laws were enforced to prevent such activities in the 1800s, but it wasn’t until the mid 20th century that law enforcements agencies really began to crack down on gambling activities, particularly games like Texas Hold’em and other variants of poker.

In the 1970s and 1980s, establishments began installing video slot machines. Owners cleverly circumvented the law by paying winners out directly with real cash, as opposed to the machines. A 1991 Supreme Court ruling deemed that businesses that conducted gambling affairs in this manner did not break the law.

However, by 2000 the Supreme Court found all video gambling machines unconstitutional. Shortly thereafter, nearly 33,000 gambling machines such as video poker machines were removed or disabled.

Ironically, that same year, South Carolina voters elected to support a statewide lottery. The first lottery ticket was sold a year later, and the lottery remains a staple of South Carolina’s lawful betting and gambling culture to this day.

In 2011, law enforcement agencies seized over $2 million from two companies accused of transferring funds to online real cash poker players. The companies in question were also accused of money laundering, fraud and for violating the UIGEA.

Regulated Gambling Options in South Carolina

There aren’t many. South Carolina does not permit any form of poker games or gambling outside of the legal state lottery and charitable bingo. Indian and commercial casinos are prohibited, as is any form of pari-mutuel betting.

Playing poker in a home, even if no real money or rake is involved, is considered illegal. Horseracing, casino nights and slot machines are also banned.

The Future of Regulated Online Gambling in South Carolina

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Considering that South Carolina’s powers have just begun to play with the idea of legalized gambling, it’s safe to assume that online wagering and Internet poker will not be regulated by the state any time soon, especially if anti-gambling proponent Nikki Haley remains in a position of power.

If you’re a poker player in South Carolina, you’ll have a solid choice of quality online poker rooms from which to choose.

Other South Carolina Gambling News

In early 2012, a proposal to open a resort casino in Hardeeville, SC, was brought before state legislators. Fearing that a casino would negatively impact tourism to Hilton Head, most state officials opposed the idea.

Leading the anti-casino charge was Governor Nikki Haley, who ever since her election in 2010 made it very clear that she will not support the construction of a casino. Without her approval, it’s very unlikely that the resort will be permitted until at least early 2015 ^[4].

In other news, the state’s only federally recognized Indian tribe, the Catawba, has been fighting to open a gambling facility within its York County reservation. However, to date, they’ve had little luck securing approval from government officials.

Fun Fact

In a surprise turn of events, South Carolinian officials approved a bill that would allow local governments to regulate casino cruise ships. The bill was passed in 2005, and since that time, thousands of South Carolina’s residents have set sail from one of the state’s many docks to play Las Vegas-style real money gambling games such as Blackjack, Roulette and Craps ^[5].

The Bottom Line

South Carolina’s repressive gambling laws are beginning to come under fire. In 2012, the state’s Supreme Court ruled that poker (Texas Hold’em, etc.) was a game of skill ^[6]. Furthermore, the video gaming machines that were banned in 2000 are making a comeback, this time as sweepstakes machines. Given enough pressure, state officials may be forced to lighten their anti-gambling position, maybe even enough to finally approve an Indian or commercial casino that would be able to offer games like legal real cash poker and other casino games.

While this still doesn’t mean iGaming and playing poker on Internet websites will be regulated by the state any time soon, it does provide citizens with a spark of hope – but only a spark. The reality is that until the Federal government steps in and passes a bill that regulates online poker betting throughout the United States, it’s unlikely that South Carolina will even address the matter.

References

[1] ↑SC Gambling Poll in the Field

[2] ↑Bureau of Labor Statistic – South Carolina

[3] ↑South Carolina Gambling Laws

[4] ↑Deck still stacked against Hardeeville casino project

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[5] ↑South Carolina Bill Narrowly Approved

[6] ↑South Carolina Supreme Court Opinion No. 27197 – Filed November 21, 2012

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