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Montana Statewide Rule

Montana Limits Social Card Games To Minimal-Value Prizes

Significant RestrictionsApplies statewide across Montana (2026)

Key Facts

Governing statute
Mont. Code Ann. § 23-5-112(14) and § 23-5-151
Exempt social games
bridge, cribbage, hearts, pinochle, pitch, rummy, solo, whist
Exemption condition
prizes of minimal value only, per department rule
Not exempt
poker, blackjack, dice games, and cash side bets
First offense penalty
misdemeanor, fine up to $500
Enforcing agency
DOJ Gambling Control Division, not local police
Public card games
require a state license under § 23-5-311
Last verified: August 21, 2026

Summary

Montana defines any wager contingent on chance as gambling and bans it unless a statute specifically authorizes it. The only social-game exception covers bridge, cribbage, hearts, pinochle, pitch, rummy, solo, and whist played solely for prizes of minimal value under department rule. Poker and other games aren't on that list, so a private cash game for money isn't automatically legal.

(14)(a) "Gambling" or "gambling activity" means risking any money, credit, deposit, check, property, or other thing of value for a gain that is contingent in whole or in part upon lot, chance, or the operation of a gambling device or gambling enterprise. (b) The term does not mean conducting or participating in: (i) promotional games of chance; (ii) amusement games regulated by Title 23, chapter 6, part 1; (iii) social card games of bridge, cribbage, hearts, pinochle, pitch, rummy, solo, and whist played solely for prizes of minimal value, as defined by department rule; or (iv) patron dice games as defined in this section.

View official code

Full Breakdown

Montana's Title 23, chapter 5 sets a default prohibition, not a default permission: Mont. § 23-5-151 states that 'except as specifically authorized by statute, all forms of public gambling, lotteries, and gift enterprises are prohibited,' and the Department of Justice's Gambling Control Division construes that language narrowly, only activity 'specifically and clearly authorized in statute or rule' is lawful, everything else is illegal by default. Section 23-5-112(14)(a) defines 'gambling' broadly as risking money, credit, or property for a gain contingent on chance or a gambling device.

1203). That list is exhaustive, it does not include poker, blackjack, or dice games among friends for cash, so a private cash poker night is not automatically covered by this exemption even though no 'house' takes a cut. Public card games for money, including poker, instead require a state gambling license under § 23-5-311's authorized-card-games framework and Department of Justice rules, whether played in a bar, club, or other establishment open to patrons. Running or knowingly participating in an unauthorized gambling enterprise is a misdemeanor charged under § 23-5-161, and enforcement is handled by the Gambling Control Division of the Montana Department of Justice, not by any city or county.

Violations & Penalties

A first violation of Title 23, chapter 5's gambling provisions is a misdemeanor fined up to $500 under § 23-5-161. A second conviction within 5 years raises the fine to $1,000 or up to 6 months in county jail, or both. A third conviction within 5 years of the second brings a fine up to $10,000 or up to a year in jail, or both. A fourth conviction adds mandatory revocation of every gambling license or permit the person holds, with a permanent bar from future licensure.

Frequently Asked Questions

Is a home poker game for cash legal in Montana?
Not automatically. Montana's social-game exemption in § 23-5-112(14)(b)(iii) covers only bridge, cribbage, hearts, pinochle, pitch, rummy, solo, and whist played for minimal-value prizes: poker isn't on that list. Because Montana law defines any chance-based wager as gambling unless a statute specifically authorizes it, a cash poker game among friends falls outside the named exemption and isn't automatically lawful, even without a 'house' taking a cut.
What counts as a 'prize of minimal value' for exempt card games?
Montana law leaves the dollar threshold to department rule rather than the statute itself. Administrative Rule 23.16.1203, adopted by the Department of Justice's Gambling Control Division, sets the minimal-value ceiling for the eight exempt social card games listed in § 23-5-112(14)(b)(iii). Games played for stakes above that threshold, or games outside the named list, fall back into the general gambling prohibition of § 23-5-151.
Does Montana license bars and clubs to offer poker for money?
Yes. Card games listed in § 23-5-311, including poker and panguingue, can only be offered where 'specifically authorized by this part and described by department rules,' meaning an establishment needs a state gambling license from the Department of Justice before spreading cash card games to patrons. That licensing track is separate from, and stricter than, the narrow home-game exemption for the eight social card games.
What happens if I get caught running an illegal card game in Montana?
It's a misdemeanor under § 23-5-161. A first offense draws a fine of up to $500. A second conviction within five years raises that to up to $1,000 and up to six months in county jail, and a third conviction within five years of the second can bring a fine up to $10,000 and up to a year in jail. A fourth conviction adds permanent revocation of any gambling license the person holds.

Sources

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