Montana ID Scanning Laws & Regulations
Can you scan an ID in Montana?
Montana law does not regulate a business’s practice of scanning IDs . In some cases Montana regulates the length for which PII obtained from an ID scan can be retained.
Overview of Montana 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, subject to applicable privacy laws. Cannabis regulations set a 180 day time limit on retention of PII obtained from an ID scan.
Does Montana offer affirmative defense for ID scanning?
No.
Age Limit For Sale Or Provision Of Alcoholic Beverages — Liability Of Provider
(2) A person is guilty of a misdemeanor who:
(a) invites a person under the age of 21 years into a public place where an alcoholic beverage is sold and treats, gives, or purchases an alcoholic beverage for the person;
(b) permits the person in a public place where an alcoholic beverage is sold to treat, give, or purchase alcoholic beverages for the person; or
(c) holds out the person to be 21 years of age or older to the owner of the establishment or to the owner’s employee.
(3) It is unlawful for any person to fraudulently misrepresent the person’s age to any dispenser of alcoholic beverages or to falsely procure any identification card or to alter any of the statements contained in any identification card, including a tribal identification card.
(4) A person 21 years of age or older who violates the provisions of subsection (1)(b) is, in addition to applicable criminal penalties, subject to civil liability for damages resulting from a tortious act committed by the person to whom the intoxicating substance was sold or provided if the act is judicially determined to be the result of the intoxicated condition created by the violation. (See compiler’s comments for contingent termination of certain text.)
Montana’s Carrying False Identification Law. 61-5-302. Unlawful use of license or identification card.
It is a misdemeanor for a person to:
- display or cause or permit to be displayed or have in the person’s possession a canceled, revoked, suspended, fictitious, or altered driver’s license, identification card, or tribal identification card;
- lend the person’s driver’s license, identification card, or tribal identification card to any other person or knowingly permit its use by another;
- display or represent as one’s own any driver’s license, identification card, or tribal identification card not issued to the person;
- fail or refuse to surrender to the department upon its lawful demand a driver’s license or identification card that has been suspended, revoked, or canceled;
- use a false or fictitious name in an application for a driver’s license or identification card or knowingly make a false statement or knowingly conceal a material fact or otherwise commit a fraud in an application; or
- permit any unlawful use of a driver’s license, identification card, or tribal identification card issued to the
- Fines typically range between $280 and $500.
Montana House Bill 293. Generally Revising Laws Relating to Alternative Nicotine and Vapor Products
A person may not sell alternative nicotine products or vapor products at retail either over the counter or by vending machine unless in a place where alcoholic beverages are sold and consumed, and the machine is in a direct line-of-sight of the owner or an employee. A person may also not distribute any nicotine or vapor alternative to anyone under 18 years of age. If the retailer scans a tribal-issued ID card to validate age, the seller shall handle the data from the scan in accordance with the law.
Montana House Bill 300 was similar, but missed the deadline for General Bill Transmittal.
Montana House Bill 300.1. Revising Laws Relating to Tobacco Products
A repeal to the prohibition on a local ordinance prohibiting the sale of tobacco products. Upon such repeal, a seller may also not distribute any nicotine or vapor product to anyone under 18 years of age. If the retailer scans a tribal-issued ID card to validate age, the seller shale handle the data from the scan in accordance with the law.
Montana Code 16-3-313 Periodic Government Or Tribal-Issued Identification Data Destructio
A business that scans a person’s government or tribal-issued identification to determine the person’s age solely for the sale of age-restricted items:
(a) shall use data or metadata from the scan only to determine the person’s age;
(b) may not transfer or sell that data or metadata to another party; and
(c) shall permanently delete any data or metadata from the scan within 180 days.
(2) Nothing in this section may be construed to limit the collection and preservation of information required by federal law for the sale of ephedrine or pseudoephedrine.
Montana Code 50-32-501. Restricted Possession, Purchase, Or Other Transfer Of Ephedrine Or Pseudoephedrine
(f) record the following:
(i) the date and time of a transaction;
(ii) the name, address, date of birth, and photo identification number of the purchaser, the type of identification used, and the issuing governmental entity;
(iii) the number of packages purchased, the total number of grams of ephedrine or pseudoephedrine per package, and the name of the compound, mixture, or preparation containing ephedrine or pseudoephedrine; and
(iv) the signature of the purchaser or a unique number connecting the transaction to a paper signature retained at the retail premises;
(g) ensure that submitted data is retained within the system for at least 2 years from the date of submission; and
(h) be accessible by law enforcement.
Montana Administrative Register Notice 42-1033. Montana Marijuana Regulation
(12) A marijuana dispensary licensee and its employees must refuse to sell marijuana or marijuana products to any consumer unless the consumer possesses and presents one of the following forms of valid and unexpired photo identification showing that the consumer is 21 years of age or older:
(a) a driver’s license or temporary driver’s permit issued by Montana or any other state or territory of the United States;
(b) an identification card issued by Montana or any other state or territory of the United States for the purpose of proof of age of the holder of the card;
(c) United States military identification card;
(d) a Merchant Mariner Credential or other similar document issued by the United States Coast Guard;
(e) a passport issued by, or recognized by, the United States Government or a permanent resident card issued by the United States Citizenship and Immigration Services of the Department of Homeland Security; or
(f) a tribal identification card issued by a tribal government which requires proof of the age of the holder of the card for issuance.
Bill HB 701. Regulation and taxation of Marijuana.
A licensee that scans a person’s driver’s license using an electronic reader to determine the person’s age:
(a) may only use data or metadata from the scan determine the person’s age;
(b) may not transfer or sell that data or metadata to another party; and
67th Legislature HB 701
(c) shall permanently delete any data or metadata from the scan within 180 days, unless otherwise provided for in this chapter or by the department
