Can you scan an ID in Nevada?
Yes. In fact, Nevada requires ID scanning for the purchase of cannabis products. Per law AB360, digital ID scanning will be required for purchase of tobacco products on January 1, 2023. Nevada law does not regulate a business’s practice of scanning IDs or retaining information obtained from a scan.
There are some instances in which merchants are required to record information related to identity, such as pawnbroker and junk dealer sales. ID scanning can improve the ease and accuracy of record keeping in these scenarios.
Overview of Nevada 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.
|legal age to purchase||notes & restrictions|
|Tobacco||21||Effective March 2022. ID scanning to be required for tobacco purchase (in-store and online) as of Jan 1, 2023.|
|Vaping Products||21||ID scanning to be required for e-cigarette and vaping product purchase (in-store and online) as of Jan 1, 2023.|
|Cannabis||21||ID scanning required.|
|Scrap Metal||Electronic record keeping required.|
|Controlled Substances Via Pharmacy||An official form is required for every distribution, purchase, or transfer of a Schedule II controlled substance. Records must be kept for 2 years.|
|Gaming & Casinos||21||21+ including sportsbooks.|
Does Nevada offer affirmative defense for ID scanning?
No. However, Nevada requires ID scanning for purchase of most age restricted products.
NRS 202.040 False representation by person under 21 years of age to obtain intoxicating liquor; penalty; sealing of records.
1. A person who is under 21 years of age and who falsely represents himself or herself to be 21 years of age or older in order to obtain any intoxicating liquor is guilty of a misdemeanor and shall be punished by:
(a) Performing not more than 24 hours of community service;
(b) Attending the live meeting described in paragraph (a) of subsection 2 of NRS 484C.530 and complying with any other requirements set forth in that section; or
(c) Being required to undergo an evaluation in accordance with subsection 2 of NRS 484C.350,
Ê or any combination thereof.
2. If a person under 21 years of age fulfills the terms and conditions imposed for a violation of this section, the court shall, without a hearing, order sealed all documents, papers and exhibits in that person’s record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the court’s order. The court shall cause a copy of the order to be sent to each agency or officer named in the order. Each such agency or officer shall notify the court in writing of its compliance with the order.
Sec. 145. Before a marijuana establishment agent sells marijuana or marijuana products
to a consumer, the marijuana establishment agent shall:
Verify the age of the consumer by checking a government-issued identification card
containing a photograph of the consumer using an identification scanner approved by the Department to determine the validity of any government-issued identification card;
Offer any appropriate consumer education or support materials; and
Enter the following information into the inventory control system:
(a) The amount of marijuana or marijuana product sold;
(b) The date and time at which the marijuana or marijuana product was sold;
(c) The number of the marijuana establishment agent registration card of the marijuana
establishment agent; and
(d) The number of the license of the marijuana establishment.
Except as otherwise provided in this subsection, a retail marijuana store shall refuse to sell marijuana or marijuana products to any person unless the person produces a form of valid identification showing that the person is 21 years of age or older. A dual licensee may sell marijuana or marijuana products to a person who is less than 21 years of age if the sale complies with the provisions of chapter 453A of NRS or 453A of NAC.
Identification presented to satisfy subsection 1 must contain a photograph and the date
of birth of the person.
Identification presented to satisfy subsection 1 must be a valid and unexpired:
- Driver’s license or instruction permit issued by this State or any other state or territory of the United States;
- Identification card issued by this State or any other state or territory of the United States for the purpose of proof of age of the holder of the card;
- United States military identification card;
- A Merchant Mariner Credential or other similar document issued by the United States Coast Guard;
- A passport issued 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
- A tribal identification card issued by a tribal government, as defined in NRS 239C.105, which requires proof of the age of the holder of the card for issuance.
Effective January 1, 2023.
A person shall not sell, distribute or offer to sell cigarettes, cigarette paper or other tobacco products to any person under 40 years of age without first performing age verification through enhanced controls that utilize a scanning technology or other automated, software-based system to verify that the person is 18 years of age or older. A person who violates this subsection is liable for a civil penalty of $100 for each offense.
For online purchase of tobacco products
Sec.6.NRS 202.24935 is hereby amended to read as follows:202.24935
1.It is unlawful for a person to knowingly sell or distribute cigarettes, cigarette paper, tobacco of any description, products made or derived from tobacco, vapor products or alternative nicotine products to a child under the age of 18 years through the use of a computer network, telephonic network or other electronic network.
2.A person who violates the provisions of subsection 1 shall be punished by a fine of not more than $500 and a civil penalty of not more than $500. Any money recovered pursuant to this section as a civil penalty must be deposited in the same manner as money is deposited pursuant to subsection 10 of NRS 370.521.3.Every person who sells or distributes cigarettes, cigarette paper, tobacco of any description, products made or derived from tobacco, vapor products or alternative nicotine products through the use of a computer network, telephonic network or electronic network shall:
a)Ensure that the packaging or wrapping of the items when they are shipped is clearly marked with the word “cigarettes” or, if the items being shipped are not cigarettes, the words “tobacco products.”
(b)Perform an age verification through an independent, third-party age verification service that compares information available from public records to the personal information entered by the person during the ordering process that establishes that the person is over the age of 18 years and use a method of mail, shipping or delivery that requires the signature of a person over the age of 18 years before the items are released to the purchaser, unless the person:
(1)Requires the customer to:
(I)Create an online profile or account with personal information, including, without limitation, a name, address, social security number and a valid phone number, that is verified through publicly available records; or
(II)Upload a copy of a government-issued identification card that includes a photograph of the customer; and(2)Sends the package containing the items to the name and address of the customer who ordered the items.
This bill would require that a person utilize scanning technology or other automated, software-based system to verify that the person is 21 years of age or older. A person found to be in violation of the requirements is liable for a civil penalty. The fines would increase with each offense, up to $2500 and a license suspension of up to 180 days.
NRS 646.020 Record of transactions required to be maintained by pawnbroker; certificate of right to pledge or sell property; inspection of record and goods.
1. Every pawnbroker doing business in any incorporated city or unincorporated town in this State shall maintain in his or her place of business a book or other permanent record in which must be legibly written in the English language, at the time of each loan or purchase a record thereof containing:
- The date and time of the transaction.
- The name or other identification of the person or employee conducting the transaction.
- The name, age, street and house number, the serial number of one piece of positive identification and a general description of the complexion, color of hair and facial appearance of the person with whom the transaction is had. In lieu of recording the serial number of a piece of positive identification, the record may contain an indication that the pawnbroker knows the person with whom the transaction is had.
- A description of the property received in pledge. In the case of watches, the description must contain the name of the maker and the number of the works or the case. In the case of jewelry, all letters and marks inscribed thereon must be included in the description.
- The amount loaned.
- The number of any pawn ticket issued therefor.
2. The person with whom a transaction is had shall, at the time of the transaction, certify in writing that he or she has the legal right to pledge or sell the property.
3. The record and all goods received must at all times during the ordinary hours of business be open to the inspection of the prosecuting attorney or of any peace officer.
Nevada NRS 647.094 Record of purchases; photographic or video documentation; inspection of scrap metal and records.
1. Every scrap metal processor shall maintain in his or her place of business a book or other permanent record in which must be made, at the time of each purchase of scrap metal, a record of the purchase that contains:
(a) The date of the purchase.
(b) The name or other identification of the person or employee conducting the transaction on behalf of the scrap metal processor.
(c) A copy of the seller’s valid:
(1) Personal identification card issued by this State or any other state or territory of the United States;
(2) Driver’s license issued by this State or any other state or territory of the United States;
(3) United States military identification card; or
(4) Any form of identification which may serve as an acceptable form of identification pursuant to NRS 237.200.
(d) The name, street, house number and date of birth listed on the identification provided pursuant to paragraph (c) and a physical description of the seller, including the seller’s gender, height, eye color and hair color.
(e) A photograph, video record or digital record of the seller.
(f) The fingerprint of the right index finger of the seller. If the seller’s right index finger is not available, the scrap metal processor must obtain the fingerprint of one of the seller’s remaining fingers and thumbs.
(g) The license number and general description of the vehicle delivering the scrap metal that is being purchased.
(h) A description of the scrap metal that is being purchased which is consistent with the standards published and commonly applied in the scrap metal industry.
(i) The price paid by the scrap metal processor for the scrap metal.
All records kept pursuant to subsection 1 must be legibly written in the English language, if applicable.
A scrap metal processor shall document each purchase of scrap metal with a photograph or video recording which must be retained on-site for not less than 60 days after the date of the purchase.
All scrap metal purchased by the scrap metal processor and the records created in accordance with subsection 1, including, but not limited to, any photographs or video recordings, must at all times during ordinary hours of business be open to the inspection of a prosecuting attorney or any peace officer.
Popular ID Scanners in Nevada
Because of Nevada’s highly specific requirements for digital scanning for both cannabis and tobacco products, we have several pre-selected bundles to help businesses achieve compliance immediately. These bundles are capable of scanning both driver’s licenses and passports, and sync to centralized age verification software to ensure accurate logs of every customer who purchases.