The state of Delaware does not have any laws that strictly prohibit home poker games or private, social gambling of any kind. However, the state does not legalize such acts either.
The only reference to the legality of home poker games in Delaware is found in Section 17 of Article II, Legislature, which states:
"All forms of gambling are prohibited in this State except the following:”
- “…Lotteries under State control…”
- “Lotteries … provided under Section 17B…”
- “…pari-mutuel machines or totalizators on horse races conducted at racetracks…”
- “Bingo games as conducted under the limitations of Section 17A.”
The lack of mention of poker, card games, or skill games leads us only to conclude that home poker games would not be legal in Delaware.