Hawaii (USA): gambling regulation and licensing
Part of United States
- Online sports bettingProhibited
- Online casinoProhibited
- Online pokerProhibited
- Online bingoProhibited
- iLotteryProhibited
- Horse race bettingProhibited
- Esports bettingProhibited
- Daily fantasy sportsProhibited
- Prediction marketsGrey market
- Crypto casinoProhibited
- Land-based (reference)Prohibited
- Regulator
- Not yet verified
- Headline tax
- Not yet verified
- Licence required
- Not yet verified
- Last verified
- 24 Sept 2026
Summary
Hawaii prohibits gambling in almost every form and has no gambling regulator. There is no state lottery, no licensed casino, card room or bingo hall, no racing or pari-mutuel wagering and no legal sports betting, online or on land. The prohibition sits in Part III of Chapter 712 of the Hawaii Penal Code. Staking something of value on a contest of chance or on a future event outside one's control is gambling, and knowingly taking part is a misdemeanour, so players are liable as well as operators. Promoting gambling is a class B felony for larger bookmaking or lottery operations and a class C felony otherwise. The exceptions are social gambling among adults playing on equal terms in private, where nobody but the players profits, and prize-linked savings run by banks. Nothing can be licensed, so there is no gambling tax. The statute makes no distinction for the internet. In Opinion 16-1 (January 2016) the Attorney General concluded that daily fantasy sports contests are illegal gambling. Prediction markets are less settled, because the definition of gambling excludes genuine contracts for the future sale of commodities. In 2026 the House passed H.B. 2198 with no votes against to bring event contracts on sport, elections and other outcomes within the definition, but the Senate did not act on it. Bills to license sports wagering (H.B. 1308, H.B. 2570 and S.B. 3303) also failed before the 2026 session adjourned on 8 May. A Tourism and Gaming Working Group, requested by S.C.R. 121 (2025) and co-chaired by Senator Lynn DeCoite and Representative Greggor Ilagan, has been meeting through 2026 and is due to report, with any proposed legislation, before the 2027 session.
Common pitfalls
Treating Hawaii as merely lacking online gambling: there is no lottery, racing or charitable gaming either. Assuming players are safe: knowingly participating is a misdemeanour. Reading the social gambling defence as a home game licence: it fails if anyone other than the players profits, if the game is in any business or public place, or if it is bookmaking. Assuming federal commodities registration settles the position of event contracts: the Legislature's own findings in H.B. 2198 show it regards them as exploiting a gap it intends to close.
Key facts
- Regulator
- Not yet verified
- Regulator type
- No dedicated regulator
- Headline tax
- Not yet verified
- Licence required
- Not yet verified
- Minimum age
- Not yet verified
- Tax base
- Not yet verified
Legal framework
Primary statutes
Hawaii Penal Code, Chapter 712 Part III, Gambling Offenses (HRS 712-1220 to 712-1232)
- Year
- 1972
- In force
- Yes
- Summary
- Enacted in 1972 (L 1972, c 9) and recast in 1973 (Act 201). Defines gambling, bookmaking, contests of chance, lottery and mutuel (s.1220); creates the offences of promoting gambling in the first and second degree (s.1221, class B felony; s.1222, class C felony), promoting gambling aboard ships (s.1222.5, class C felony), gambling (s.1223, misdemeanour), possession of gambling records and devices (ss.1224 to 1226); removes the out-of-state defence for lotteries (s.1229); provides for forfeiture (s.1230); and sets out the social gambling defence (s.1231) and the prize-linked savings exemption (s.1232).
Secondary instruments
Attorney General Opinion No. 16-1, Legality of Daily Fantasy Sports Contests
- Year
- 2016
- In force
- Yes
- Summary
- Formal advisory opinion concluding that daily fantasy sports contests such as FanDuel and DraftKings constitute illegal gambling under Hawaii law.
Unlawful Internet Gambling Enforcement Act (31 U.S.C. 5361 to 5367)
- Year
- 2006
- In force
- Yes
- Summary
- Federal law. A bet placed online from Hawaii is unlawful under state law and so is "unlawful Internet gambling"; betting businesses may not accept card, electronic transfer or cheque payments for it, and payment systems must have policies to identify and block such transactions.
Key amendments
- 5 Jul 2019Act 253 adds HRS 712-1232: savings promotions and prize-linked savings contests run by financial institutions are not gambling.
- 17 Jun 2022Act 111 raises promoting gambling in the first degree to a class B felony (recklessness) and in the second degree to a class C felony (negligence), citing violence around illegal game rooms.
- 9 Jul 2024Act 249 deletes 'or makes no effort to prevent its occurrence or continuation' from the premises limb of 'advance gambling activity', so that a person controlling premises who knowingly permits gambling there advances it; the Legislature aimed it at owners who made minimal efforts to evict illegal game rooms. The amendment is repealed and the earlier text reenacted on 1 July 2029.
Pending legislation
Tourism and Gaming Working Group report (S.C.R. 121, 2025)
- Stage
- Working group meeting through 2026; report with findings, recommendations and any proposed legislation requested no later than twenty days before the Regular Session of 2027 convenes
- What it changes
- Nothing by itself. The group is asked to develop a tourism gaming policy framework and to examine gaming at the New Aloha Stadium Entertainment District and on vessels in the exclusive economic zone, which would give the 2027 Legislature a basis for bills.
Licensing
- Licence required
- Not yet verified
- Application window
- Not yet verified
- Local establishment required
- Not yet verified
- Local server required
- Not yet verified
- Barriers to entry
- No gambling licence exists. Advancing or profiting from gambling activity, including taking bets from people in Hawaii, is promoting gambling, a class B or class C felony (HRS 712-1221, 712-1222). The sports wagering bills of 2025 and 2026 would have created licences (H.B. 2570 H.D. 1 proposed a $500,000 initial operator licence fee and a 15% tax on adjusted gross sports wagering receipts; H.B. 1308 S.D. 2 proposed 10%), but none passed.
Advertising
- Advertising permitted
- No
- Affiliate rules
- Affiliates are not licensed. A person who accepts money under an agreement to share in the proceeds of gambling 'profits from gambling activity' (HRS 712-1220) and commits promoting gambling.
- Penalties for breach
- As for promoting gambling: class B felony (up to ten years and $25,000) or class C felony (up to five years and $10,000).
Restrictions
- Conduct directed toward 'the solicitation or inducement of persons to participate' in gambling is advancing gambling activity (HRS 712-1220), so promoting a gambling offer to people in Hawaii can itself be promoting gambling (HRS 712-1221, 712-1222).
- It is no defence to a lottery offence that the lottery is drawn outside Hawaii and lawful where it is drawn (HRS 712-1229).
Payments
- Credit card ban
- Not yet verified
- Crypto stance
- Not yet verified
- Payment blocking regime
- Hawaii has no payment-blocking regime of its own. Under the federal Unlawful Internet Gambling Enforcement Act, a bet placed online from Hawaii is unlawful Internet gambling because Hawaii law prohibits it, so betting businesses may not accept credit, electronic fund transfers or cheques for it, and designated payment systems must maintain policies to identify and block such transactions.
Enforcement
- ISP blocking
- Not yet verified
- DNS blocking
- Not yet verified
- Payment blocking
- Not yet verified
- App store takedowns
- Not yet verified
- Administrative penalties
- No administrative regime. Gambling devices, records, vehicles, vessels and other property used in illegal gambling, and money used as a stake, may be forfeited to the State under Chapter 712A (HRS 712-1230).
- Criminal penalties
- Promoting gambling in the first degree: class B felony, up to ten years and a fine of up to $25,000. Promoting gambling in the second degree, promoting gambling aboard ships and possession of gambling records in the first degree: class C felony, up to five years and $10,000. Gambling, possession of gambling records in the second degree and possession of a gambling device: misdemeanour, up to one year and $2,000. A court may instead impose a fine equal to double the offender's gain.
- Operator liability
- Anyone who recklessly advances or profits from gambling by bookmaking more than five bets totalling over $500 in seven days, or by taking more than $1,000 in seven days in a lottery, mutuel or other scheme, commits a class B felony (HRS 712-1221); negligently advancing or profiting from gambling is a class C felony (HRS 712-1222).
- Player liability
- Knowingly participating in any gambling activity is a misdemeanour (HRS 712-1223), subject to the social gambling defence for private games among adults on equal terms (HRS 712-1231).
Notable actions
- DraftKings and FanDuel1 Feb 2016
The Prosecuting Attorney for the City and County of Honolulu sent cease-and-desist letters (announced in a release dated 2 February 2016) demanding that both companies stop accepting daily fantasy sports entries from Oahu residents, following Attorney General Opinion 16-1.
Timeline
27 Jan 2016
Attorney General Opinion 16-1 concludes that daily fantasy sports contests are illegal gambling
1 Feb 2016
Honolulu Prosecuting Attorney sends cease-and-desist letters to DraftKings and FanDuel
5 Jul 2019
Act 253 exempts prize-linked savings contests from the gambling laws
17 Jun 2022
Act 111 raises promoting gambling to class B and class C felonies
26 Apr 2024
Legislature adopts H.C.R. 70 asking DBEDT to convene a Sports Wagering Working Group
9 Jul 2024
Act 249 removes the 'makes no effort to prevent' wording from the premises limb of advancing gambling activity, aimed at owners of illegal game rooms
8 Apr 2025
Senate passes H.B. 1308 S.D. 2 (sports wagering, 10% tax) by 15 votes to 10; the House disagrees and the bill goes to conference
25 Apr 2025
S.C.R. 121 adopted, requesting a Tourism and Gaming Working Group
22 Jan 2026
Tourism and Gaming Working Group holds an informational briefing, including on illegal gaming and state and county enforcement
12 Feb 2026
H.B. 2570 H.D. 1 (sports wagering) passes second reading in the House; no further action
10 Mar 2026
House passes H.B. 2198 H.D. 2 on prediction markets with no votes against
8 May 2026
The 2026 regular session adjourns without passing any sports wagering or prediction market bill
Outlook
The Tourism and Gaming Working Group's report, due twenty days before the 2027 regular session convenes, is the next marker: it is asked to propose a gaming policy framework, including options for the New Aloha Stadium Entertainment District and for vessels. Any sports wagering, lottery or prediction market bill would have to be reintroduced in 2027. The Act 249 wording on property owners who permit gambling is due to lapse on 1 July 2029 unless extended.
Frequently asked questions
- Is any form of gambling legal in Hawaii?
- Almost none. Hawaii has no lottery, casinos, racing wagers or sports betting. The only exceptions in the Penal Code are social gambling among adults on equal terms in a private place where nobody but the players profits (HRS 712-1231) and prize-linked savings contests run by financial institutions (HRS 712-1232).
- Can an operator get a licence to offer online betting or casino in Hawaii?
- No. There is no licensing regime. Advancing or profiting from gambling activity is promoting gambling, a class B felony for larger bookmaking or lottery operations (HRS 712-1221) and a class C felony otherwise (HRS 712-1222).
- Is it an offence to place a bet from Hawaii?
- Yes. Knowingly participating in any gambling activity is a misdemeanour under HRS 712-1223, punishable by up to one year in prison and a fine of up to $2,000.
- Are daily fantasy sports legal in Hawaii?
- No, according to Attorney General Opinion 16-1 of 27 January 2016, which concluded that daily fantasy sports contests are illegal gambling under HRS 712-1220. The Honolulu Prosecuting Attorney then demanded that DraftKings and FanDuel stop taking entries from Oahu residents.
- Are prediction markets legal in Hawaii?
- Unsettled. The definition of gambling excludes genuine contracts for the future sale of commodities. H.B. 2198, which would have made event contracts on sport, politics, catastrophe and other outcomes gambling, passed the House on 10 March 2026 but did not pass the Senate before the session ended on 8 May 2026.
- Is Hawaii about to legalise sports betting?
- Not yet. H.B. 1308, H.B. 2570 and S.B. 3303 failed in the 2025 to 2026 Legislature. The Tourism and Gaming Working Group requested by S.C.R. 121 (2025) is due to report, with any proposed legislation, before the 2027 session.
Sources
- Hawaii Revised Statutes, Chapter 712, Offenses against Public Health and Morals, contents (Part III, Gambling Offenses, sections 712-1220 to 712-1232)
Hawaii State Legislature (data.capitol.hawaii.gov)
The same text is published at www.capitol.hawaii.gov, which blocked automated access on 24 September 2026; this is the Legislature's own data host.
Tier 1Accessed 24 Sept 2026 - HRS 712-1220, Definitions of terms in this part (with commentary and the note on Attorney General Opinion 16-1)
Hawaii State Legislature (data.capitol.hawaii.gov)
The definition of "advance gambling activity" as amended by Act 249 (2024) is marked for repeal and reenactment in its earlier form on 1 July 2029.
Tier 1Accessed 24 Sept 2026 - HRS 712-1221, Promoting gambling in the first degree
Hawaii State Legislature (data.capitol.hawaii.gov)
Tier 1Accessed 24 Sept 2026 - HRS 712-1222, Promoting gambling in the second degree
Hawaii State Legislature (data.capitol.hawaii.gov)
Tier 1Accessed 24 Sept 2026 - HRS 712-1222.5, Promoting gambling aboard ships
Hawaii State Legislature (data.capitol.hawaii.gov)
Tier 1Accessed 24 Sept 2026 - HRS 712-1223, Gambling (with commentary on sections 712-1221 to 712-1223)
Hawaii State Legislature (data.capitol.hawaii.gov)
Tier 1Accessed 24 Sept 2026 - HRS 712-1224, Possession of gambling records in the first degree
Hawaii State Legislature (data.capitol.hawaii.gov)
Tier 1Accessed 24 Sept 2026 - HRS 712-1225, Possession of gambling records in the second degree
Hawaii State Legislature (data.capitol.hawaii.gov)
Tier 1Accessed 24 Sept 2026 - HRS 712-1226, Possession of a gambling device
Hawaii State Legislature (data.capitol.hawaii.gov)
Tier 1Accessed 24 Sept 2026 - HRS 712-1229, Lottery offenses; no defense
Hawaii State Legislature (data.capitol.hawaii.gov)
Tier 1Accessed 24 Sept 2026 - HRS 712-1230, Forfeiture of property used in illegal gambling
Hawaii State Legislature (data.capitol.hawaii.gov)
Tier 1Accessed 24 Sept 2026 - HRS 712-1231, Social gambling; definition and specific conditions, affirmative defense
Hawaii State Legislature (data.capitol.hawaii.gov)
Tier 1Accessed 24 Sept 2026 - HRS 712-1232, Savings promotion or prize-linked savings contest not gambling
Hawaii State Legislature (data.capitol.hawaii.gov)
Tier 1Accessed 24 Sept 2026 - HRS 706-640, Authorized fines
Hawaii State Legislature (data.capitol.hawaii.gov)
Tier 1Accessed 24 Sept 2026 - HRS 706-660, Sentence of imprisonment for class B and C felonies
Hawaii State Legislature (data.capitol.hawaii.gov)
Tier 1Accessed 24 Sept 2026 - HRS 706-663, Sentence of imprisonment for misdemeanor and petty misdemeanor
Hawaii State Legislature (data.capitol.hawaii.gov)
Tier 1Accessed 24 Sept 2026 - Session Laws of Hawaii 2022, Act 111 (H.B. 2197), A Bill for an Act Relating to Gambling
Hawaii State Legislature (data.capitol.hawaii.gov)
Tier 1Accessed 24 Sept 2026Published 17 Jun 2022 - Session Laws of Hawaii 2024, Act 249 (S.B. 2197), A Bill for an Act Relating to Gambling Offenses
Hawaii State Legislature (data.capitol.hawaii.gov)
Tier 1Accessed 24 Sept 2026Published 9 Jul 2024 - Session Laws of Hawaii 2019, Act 253 (H.B. 1163), A Bill for an Act Relating to Savings Promotion Contests
Hawaii State Legislature (data.capitol.hawaii.gov)
Tier 1Accessed 24 Sept 2026Published 5 Jul 2019 - Attorney General Opinion No. 16-1, Legality of Daily Fantasy Sports Contests (letter to Senator Rosalyn H. Baker)
Department of the Attorney General, State of Hawaii
Tier 1Accessed 24 Sept 2026Published 27 Jan 2016 - News Release 2016-2: Attorney General opines that daily fantasy sports contests constitute gambling under Hawaii law
Department of the Attorney General, State of Hawaii
Tier 2Accessed 24 Sept 2026Published 27 Jan 2016 - Prosecutor issues cease-and-desist letters to DraftKings, FanDuel
Department of the Prosecuting Attorney, City and County of Honolulu
The page as retrieved on 24 September 2026 contains inserted text unrelated to the 2016 release (remarks about Indiana sportsbooks); only the date, the addressees and the quoted letter are relied on here.
Tier 2Accessed 24 Sept 2026Published 2 Feb 2016 - H.B. 1308 H.D. 3 S.D. 2, Relating to Sports Wagering (2025 to 2026), measure status
Hawaii State Legislature (data.capitol.hawaii.gov)
Tier 1Accessed 24 Sept 2026 - H.B. 1308 S.D. 2, Relating to Sports Wagering, bill text
Hawaii State Legislature (data.capitol.hawaii.gov)
Tier 1Accessed 24 Sept 2026 - H.B. 2570 H.D. 1, Relating to Sports Wagering (2026), measure status
Hawaii State Legislature (data.capitol.hawaii.gov)
Tier 1Accessed 24 Sept 2026 - H.B. 2570 H.D. 1, Relating to Sports Wagering, bill text
Hawaii State Legislature (data.capitol.hawaii.gov)
Tier 1Accessed 24 Sept 2026 - S.B. 3303, Relating to Sports Wagering (2026), measure status
Hawaii State Legislature (data.capitol.hawaii.gov)
Tier 1Accessed 24 Sept 2026 - H.B. 2198 H.D. 2, Relating to Prediction Markets (2026), measure status
Hawaii State Legislature (data.capitol.hawaii.gov)
Tier 1Accessed 24 Sept 2026 - H.B. 2198 H.D. 2, Relating to Prediction Markets, bill text
Hawaii State Legislature (data.capitol.hawaii.gov)
Tier 1Accessed 24 Sept 2026 - Senate Order of the Day, Regular Session of 2026, fifty-eighth day, 8 May 2026 (includes the motion to adjourn sine die)
Hawaii State Legislature (data.capitol.hawaii.gov)
Tier 1Accessed 24 Sept 2026Published 8 May 2026 - S.C.R. 121 S.D. 1 H.D. 1, Requesting DBEDT to convene a Tourism and Gaming Working Group (2025), measure status
Hawaii State Legislature (data.capitol.hawaii.gov)
Tier 1Accessed 24 Sept 2026 - S.C.R. 121 S.D. 1 H.D. 1, Requesting the Department of Business, Economic Development, and Tourism to convene a Tourism and Gaming Working Group, text
Hawaii State Legislature (data.capitol.hawaii.gov)
Tier 1Accessed 24 Sept 2026 - H.C.R. 70 H.D. 1 S.D. 1, Requesting DBEDT to convene a Sports Wagering Working Group (2024), measure status
Hawaii State Legislature (data.capitol.hawaii.gov)
Tier 1Accessed 24 Sept 2026 - Online Sports Wagering Working Group Final Report, prepared in response to HCR 70 HD1 SD1 (2024)
Department of Business, Economic Development and Tourism, Research and Economic Analysis Division
Dated March 2025 on its cover. The appendices reproduce industry presentations (Sports Betting Alliance) with estimates of illegal betting by Hawaii residents; those figures are industry estimates, not official statistics, and are not used here.
Tier 2Accessed 24 Sept 2026 - Tourism and Gaming Working Group, notice of informational briefing, 22 January 2026
Hawaii State Legislature (data.capitol.hawaii.gov)
Tier 1Accessed 24 Sept 2026Published 22 Jan 2026 - Tourism and Gaming Working Group, notice of informational briefing, 17 September 2026
Hawaii State Legislature (data.capitol.hawaii.gov)
Tier 1Accessed 24 Sept 2026Published 17 Sept 2026 - 31 U.S.C. 5361 to 5367, Prohibition on funding of unlawful Internet gambling (Unlawful Internet Gambling Enforcement Act)
U.S. Government Publishing Office (govinfo.gov), United States Code 2023 edition
Tier 1Accessed 24 Sept 2026