Can you scan an ID in Puerto Rico?
Yes. Puerto Rico law does not regulate a business’s practice of scanning IDs or retaining information obtained from a scan.
Overview of Puerto Rico ID Scanning Laws
In the absence of any statute governing issues associated with a business’s practice of scanning IDs, a business is likely allowed to scan IDs and to retain information obtained from a scan. As of 2022, Puerto Rico lacked comprehensive data privacy laws.
Does Puerto Rico offer affirmative defense for ID scanning?
No. At this time. It does not seem like Puerto Rico offers affirmative defense for any age restricted products.
Tobacco – Amendment to the Puerto Rico Internal Revenue Code
The minimum age for tobacco purchase in Puerto Rico is 21. This was amended by the Puerto Rico Strategic Tobacco Control Plan of the Department of Health in September 2021.
Any person, or owner or manager of a business or a business establishment shall have his license suspended for a period of twelve (12) months and an administrative fine in the amount of ten thousand dollars ($10,000) shall be imposed for each violation for committing any of the following offenses:
-A person sells to, gives to, dispenses, delivers or distributes tobacco products to anyone under the age of 21
-A person sells to, gives to, dispenses, delivers or distributes tobacco products to anyone under appearing under the age of 27 without first checking a government ID to ensure validity and age requirements
Alcohol
Legal drinking age in Puerto Rico is 18, but some establishments require patrons to be 21.
Cannabis – Executive Order 2015-35 signed by Alejandro Garcia Padilla
Recreational marijuana use is illegal in Puerto Rico, but medical use is legal for qualifying patients. Patients may buy up to a 30 day supply, but home cultivation is not permitted.