Montana

Last updated: 3/13/2026

This guide is for informational purposes only and does not constitute legal advice. Poker laws vary by jurisdiction and are subject to change. Consult a licensed attorney in your state for specific legal questions about hosting poker games.

Montana's gambling statutes do not directly address private home poker games. Poker is excluded from the state's social card game exemption, and live poker outside the home is confined to licensed card rooms with licensed dealers (prize cap of $800 per hand) and tribal casinos.

Home Games

Gray Area

Montana law does not squarely address private home poker. Article III, sec. 9 of the Montana Constitution prohibits gambling unless authorized by the legislature or the people, and Montana's statutes prohibit public gambling. The social card game exclusion in MCA 23-5-112(13)(b) covers bridge, cribbage, hearts, pinochle, pitch, rummy, solo and whist played solely for prizes of minimal value — poker and panguingue are not on that list. Purely private, non-public games are not expressly prohibited, but there is no explicit statutory safe harbor for home poker.

Conditions

Poker is NOT covered by Montana's social card game exclusion (MCA 23-5-112(13)(b))
Game must be genuinely private; public gambling is prohibited
No rake, fee, or other compensation for hosting or dealing
No advertising or open invitation to the public

Age: 18+

Charitable Gaming

Legal - Limited

Charitable gaming is limited in Montana. Certain gaming events can be held by qualifying organizations.

License: Required

Commercial Poker

Limited

Montana allows live poker only in licensed establishments: games must be played on permitted live card game tables, and poker and panguingue must be dealt by a dealer licensed by the Montana Department of Justice Gambling Control Division (MCA 23-5-308, 23-5-309). The prize for an individual live card game may not exceed $800 (MCA 23-5-312) — a limit raised from $300 by 2013 legislation. Tribal casinos also offer poker. There are no large-scale commercial casinos, and online gambling is prohibited under the 2005 internet gambling ban.

Key Statutes

MCA 23-5-311 — Authorized card games

Lists the card games (including poker) that may be conducted as live card games in licensed venues; not a social/home gambling provision

View statute

MCA 23-5-312 — Prizes not to exceed $800

Caps the prize for an individual live card game at $800 (raised from $300 in 2013)

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MCA 23-5-111, 23-5-112 — Montana DOJ Gambling Control Division — Licenses and Permits

Regulator guidance on legal gambling activities and the social card game exclusion, which does not include poker

View statute

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