South Dakota

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.

Home game poker is a gray area in South Dakota. SDCL 22-25-1 makes wagering with cards a Class 2 misdemeanor and, on its face, carves out only licensed Deadwood gaming; the state has no express social gambling exception. Regulated poker is available in Deadwood and at tribal casinos.

Home Games

Gray Area

South Dakota does not have a clearly stated social gambling exception. SDCL 22-25-1 makes it a Class 2 misdemeanor to engage in gambling in any form with cards where anything of value is wagered, and the statutory exception on its face covers gaming within licensed Deadwood establishments. Small private games are not typically prosecuted, but they are not affirmatively authorized.

Conditions

No rake or house cut
No person should receive compensation for hosting the game
Game should be in a private setting
Keep stakes modest

Age: 21+

Charitable Gaming

Legal - Limited

Charitable gaming is permitted for qualifying organizations under SDCL ch. 22-25, but authorized formats are narrow and poker/card events are not clearly covered. Verify permitted formats with the South Dakota Commission on Gaming before relying on this entry.

License: Required

Commercial Poker

Legal - Licensed & Regulated

Deadwood has licensed casino gaming, including poker, under SDCL ch. 42-7B. Tribal casinos also operate throughout the state. The South Dakota Commission on Gaming (gaming.sd.gov), administratively within the Department of Revenue, oversees state-licensed gaming.

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