Gambling Laws in South Carolina

South Carolina is well-known for having some of the most outdated laws on gambling in the US. Most activities are illegal in the state, and gambling on a Sunday is prohibited. That said, efforts are being made to legalise some forms of gambling.

Which Gambling Activites Are Legal in South Carolina?

The state's gambling laws are contained within the South Carolina Code, Section 16-19-40. This effectively outlaws all forms of gambling unless specifically stated.

While many other US states have similar laws, South Carolina maintains its restrictive stance by legalising very few activities. These include charitable bingo, lottery and limited casino games on board cruise ships in international waters.

Wagering in Land-Based and Online Casinos

Casino gambling is legal but only on either of the state's two cruise ships, which are both operated by Big M Casino. Gambling on these vessels is permitted once the ships reach international waters. Games available on board include slots, blackjack, roulette, 3-card poker and craps. There are no land-based commercial casinos or tribal casinos in South Carolina.

Online gambling isn't mentioned specifically in current laws, but the activity is deemed illegal by default. Residents can play online casino slots at various offshore sites but do so at their own risk.

Gambling on Poker

Playing poker is legal but only 3-card games are permitted and offered on the two cruise ships. Player vs. player games including home-based gatherings, are illegal in the state.

Video poker was once very popular but the death of a child while the mother played such a machine caused public outrage. This resulted in all poker machines being switched off for good in 2000.

Playing poker online is also deemed illegal in South Carolina.

Playing Bingo With Real Money

Bingo is legal but only games offered by charitable organisations are permitted. These are heavily regulated by the South Carolina Department of Revenue Bingo Licensing and Enforcement and categorised depending on the prizes offered.

Raffles are no longer permitted to be offered, even by charities. Laws prohibiting these were passed in 2014.

There are no bingo casinos online licensed to operate within South Carolina's borders and the activity is deemed illegal.

Lotto, Keno, Scratch Cards and Instant Win Games

Taking part in the lotto is legal and the South Carolina Education Lottery offers residents the ability to buy tickets for draws. These include nationwide games such as the Powerball and Mega Millions, plus instant wins and scratch cards.

Playing the lotto online is illegal and even state-approved organisations are not permitted to offer online lottery games for real money.

Social Casinos and Online Crypto Casinos

Social and sweepstake casinos that only use play chips are legally permitted in South Carolina since real money is not used.

Home-based poker games, have not been explicitly legalised and are therefore considered illegal. Such laws were tested in 2006 when police busted a private residence and all players were arrested and charged. A judge later overturned the convictions but in 2012, the state's Supreme Court ruled the charges should have remained.

Modern forms of gambling, such as lootboxes and skins aren't specifically mentioned in the current laws, which makes these activities illegal by default.

While the SC is home to numerous crypto exchanges, the state doesn't recognise Bitcoin and altcoins as legal tender. This means that none of the limited gambling venues can accept them as payment. Residents looking for casino-style games to play using virtual coins can find them at online crypto casinos. Although doing so is classed as an illegal action.

Is Sports Betting Legal in South Carolina?

No, and this applies to both online and in-person sports betting. The legislation was proposed to be introduced to regulate the activities in 2017 however, the bill was never passed.

In early 2023 a bill proposing to legalise parimutuel betting on horse races was passed in the House with Senate approval pending.

Daily fantasy sports betting is also illegal. Though a bill permitting the activity did make it as far as the Senate in 2016 but was never passed.

Minimum Age to Gamble

The South Carolina legal gambling age is 18 for lottery and bingo games. But residents of the state must be at least 21 years of age to board and play games on the Big M Casino cruise ships.

South Carolina Gambling Tax Regulations

These are almost non-existent because most forms of gambling are illegal. That said, lucky lottery winners must pay a 7% tax on their winnings at the state level, with a 24% withholding tax charged at the federal level.

History of Gambling Laws in South Carolina

The first record of such laws in South Carolina dates back to 1802 when gambling was banned outright. Following an amendment to the law's wording in 1986, video poker machines were allowed with some 34,000 operating at the industry's peak.

In 1993 The Catawba Indian Tribe Land Claims Settlement Act was passed, nullifying 1988's Indian Gaming Regulatory Act and prohibiting the Catawba Tribe from operating casinos. The tribe instead added video poker machines to its existing bingo operations. The case of a mother whose child suffocated while she played on a video poker machine caused public outrage, prompting the Supreme Court to shut down all machines by June 2000.

Lottery gambling was legalised in 2000 with the launch of the South Carolina Education Lottery.

The Gambling Cruise Act was passed in 2005, allowing vessels to offer casino games as long as they are outside the state's 3-mile limit and in international waters.

2014 saw the Supreme Court prohibit poker machines from being offered at tribal casinos.

Bills were proposed for commercial casinos and DFS betting in 2016 and 2017 but neither was passed.

The South Carolina Equine Advancement Act proposing the legalisation of parimutuel betting on horse racing was passed by the House in April 2023 and awaits Senate approval.

Key Facts

• Casino gambling is legal, but only aboard two cruise ships owned and operated by Big M Casino.

• Online casino gambling is illegal.

• Poker gambling is legal, but only in 3-card poker offered on the Big M Casino cruise ships.

• Online poker gambling is illegal.

• Playing bingo is legal, but charitable organisations can only offer games.

• Online bingo gambling is illegal.

• Lottery gambling is legal, but only via the South Carolina Education Lottery and playing online is illegal.

• Sports betting is illegal in both offline and online forms.

• Parimutuel betting on horse races is illegal (although new legislation is awaiting approval).

• Daily fantasy sports betting is unregulated and deemed illegal, but it is still offered.