top corner

West Virginia Lottery Files Emergency iGaming Regulations

West Virginia Online Poker

It is seldom that we have seen “good news” during this coronavirus pandemic as it related to the gambling industry. However, it appears that West Virginia is attempting to fast-track online gambling. According to reports from Online Poker Report and others, the West Virginia Lottery Commission has approved emergency rules for online gambling.

If these rules are approved, online gambling could launch in West Virginia as early as July. This would make the state the fifth in the nation to offer online poker. Better still, West Virginia is setting up its regulations to allow interstate online poker.

Emergency Rules Approved

When the West Virginia legislature legalized online gambling, many predicted that it would be 2021 before sites would launch. The coronavirus pandemic has prompted the WV Lottery Commission to accelerate that timeline.

Last week, the Commission approved emergency rules for online gambling in the state. Under the rules, online casinos would be provisionally licensed for a maximum of 270 days. During this time, the Lottery Commission will be able to complete their reviews and issue full licenses should the casinos qualify.

The rules will still need to be approved by the WV Secretary of State. Once the Commission files the rules with him, he has 42 days to approve the rules.

What Will Be Available?

Under the rules, most forms of online casino gaming and online poker will be available. The emergency rules cover various aspects important to the industry, including cybersecurity, segregation of funds, and geolocation.

One interesting aspect of the rules is that it will allow for what they call “simulcast gaming.” This is known as Live Dealer games to the rest of the casino world. However, it remains to be seen whether any casino will offer them.

Under the regulations, all Live Dealer studios must be located in the state. Normally, online casinos outsource their Live Dealer games to companies like Evolution Gaming. As such, casino may not want to foot the expense of creating Live Dealer content.

Online Poker Included

The emergency regulations provide provisions for online poker, also referred to as peer-to-peer games in the regulations. There are a few things to note about online poker in West Virginia. First, the state is mandating that online poker rooms has randomized seating. Manual seating is an option, but the default or primary option will be randomized seating.

Next, online poker software must provide hand history tracking. Also, online poker bots are not allowed for use by the poker rooms under any circumstances. However, online poker rooms can pay players to play at the site for promotional purposes. Will we see Darvin Moon sponsored at a poker site in West Virginia?

Interstate Online Poker Also a Possibility

Some exciting news regarding West Virginia online poker is that there is a chance that the state could join the interstate online poker network. The network presently includes New Jersey, Nevada, and Delaware.

Under the emergency regulations, West Virginia can enter into reciprocal agreements with other states, provided it does not violate federal law. That last bit is important as the regulations are basically setting up the state to be able to operate regardless of how the DOJ appeal of the Wire Act lands. If the DOJ wins, then West Virginia’s online poker will remain completely ring-fenced. If the DOJ loses, the state can enter the interstate poker network.

Don’t Expect More than One Poker Site to Start

The big question as to which sites will operate in West Virginia will likely be a simple answer. Presently, the only site anticipated to launch will be PokerStars. Greenbrier already has a relationship with Flutter as they offer FanDuel for sports betting. As such, it seems likely that PokerStars will open in the state.

Outside of PokerStars, the West Virginia market is a bit too small to support more than one online poker site. The exception is if the state joins the interstate network. If this happens, expect WSOP.com or 888poker to launch in the state. However, don’t expect that to happen until sometime next year. At first launch, PokerStars will likely be the only game in town.

bottom corner