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Michigan cannabis laws | ID scanning and retention of PII

cannabis inside mason jar sitting on table

Last updated on November 30th, 2023 at 12:12 pm

Though medicinal and adult-use recreational cannabis has been legal in Michigan since November 2018, the Michigan cannabis laws do not currently have any legislation requiring the use of scanning IDs for entrance into Michigan cannabis dispensaries: either recreational retail establishments or medicinal dispensaries. 

Additionally, if an establishment does use an ID scanner, Michigan cannabis laws do not regulate that business’s ability to retain personal information obtained from a scan. This makes Michigan an ideal state to build a fully integrated scanning system that syncs with your point-of-sale system. 

Here’s what you need to know:

  • A Michigan statute prohibits one that is not a party to a transaction from electronically capturing, recording, distributing, disseminating, or transmitting personal information from the transaction without the consent of the individual. 
  • The provision does not prohibit the capture or transmission of personal identifying information (PII) in the ordinary and lawful course of business.
  • Retail establishments must ask for a photo ID to prove the ages of their customers.
  • Though not required, many retail establishments are scanning IDs.

In 2021, medical and recreational sales of cannabis eclipsed that of Colorado, with a $171 million monthly sales record set in July. Michigan cannabis dispensaries would be greatly enhanced with the required usage of ID scanners. Scanning IDs upon entry keeps not only the consumers safe but also the business safe.