Different strains of cannabis on display at a dispensary

Illinois Cannabis Dispensary-ID Scanning & PII Retention Laws

There are 110 dispensaries across the state of Illinois. In 2021, sales reached $1.38 billion, doubling the total from 2020.   With 185 new recreational dispensary licenses recently approved, sales will likely continue to grow. 

ID Scanning at Illinois Dispensaries

Illinois is one of three states leading the charge on officially mandating digital scanning for cannabis purchase, after Nevada and New Jersey.  Digital scanning removes risk of error, ensures compliance with state laws, stops previously banned patrons from entering the premises, and can track daily maximums. Use of an ID scanner also enhances customer experience by reducing wait times. 

 The Illinois statute reads as follows: 

“A dispensing organization shall use an electronic reader or electronic scanning device to scan a purchaser’s government-issued identification, if applicable, to determine the purchaser’s age and the validity of the identification.”

This statute was part of legislation reaffirmed in 2021.

Additionally, IDs must be scanned to determine purchase limits, which are based on Illinois residency. The purchases limits are as follows:

  • The possession limit for Illinois residents is 30 grams of cannabis flower; 5 grams  of cannabis concentrate; and no more than 500 milligrams of THC contained in a cannabis-infused product. 
  • For non-Illinois residents, the limit is 15 grams of cannabis flower; 2.5 grams of cannabis concentrate; and no more than 250 milligrams of the THC contained in a cannabis-infused product.

Use & Storage of PII

The use of information obtained from a driver’s license is regulated in the state. Illinois has one of the most stringent PII retention requirements in the nation and requires that PII immediately be flushed post scan. 

Though Illinois requires that PII be deleted after scanning, because the primary function of scanning is fraud detection, information obtained from scanning can be used to approve credit applications, check acceptance, and refunds. 

Key Facts To Know

  • IDs must be scanned digitally to determine the purchaser’s age and validity of the identification.
  • IDs must be scanned to determine purchase limits because limits differ for in-state and out-of-state residents.
  • Information parsed from an ID may not be retained unless the individual gives express permission for use.
  • Violations of the statute may result in the recovery of damages, plus attorney’s fees and the costs of bringing action.
  • Any person convicted of a violation of the above statute will be guilty of a Class 4 felony. 

Liabilities & Fines

According to Illinois Law, as long as an ID was scanned and determined to be legitimate, neither the dispensary nor the budtender is legally responsible for underage sales. Instead, the individual who presented the fraudulent ID would be subject to a misdemeanor.

Ideal Solutions

IDScan.net is the only ID scanning solution which can scan IDs to determine age and purchase limits and immediately flush data. VeriScan Online with an M500 for authentication is an ideal solution for Illinois dispensaries. 
Contact us at hello@idscan.net for assistance selecting the right solution for your business.

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