In Washington, acceptable forms of identification depend on the context (voting, purchasing alcohol, or interacting with law enforcement). Commonly accepted forms of ID include:
State-Issued Identification:
Washington State driver’s license or ID card.
Enhanced Driver’s License (EDL) or Enhanced ID card (EID), which can also be used for border crossings.
Federal Identification:
U.S. Passport or Passport Card.
Permanent Resident Card (Green Card).
Military ID.
Tribal Identification:
Federally recognized tribal ID cards.
Other Government-Issued IDs:
Government employee ID cards.
Foreign passports (for certain purposes, such as banking or travel).
Acceptable Digital Identification
Washington does not currently issue state-approved digital identification (such as mobile driver’s licenses) for general use.
For official purposes ( law enforcement, voting), physical ID is generally required.
What requirements are needed to acquire acceptable ID’ and Acceptable Digital ID’s
To obtain a state-issued ID or driver’s license in Washington, applicants must meet the following requirements:
Proof of Identity:
U.S. citizens must provide documents such as a U.S. birth certificate, U.S. passport, or Certificate of Naturalization.
Non-citizens must provide immigration documents, such as a Permanent Resident Card or Employment Authorization Document (EAD).
Proof of Residency:
Applicants must provide proof of Washington residency, such as a utility bill, lease agreement, or bank statement.
Social Security Number (SSN):
Applicants must provide their SSN or proof of ineligibility for an SSN ( a letter from the Social Security Administration).
Application Fees:
Fees vary depending on the type of ID or license being issued. For example, a standard Washington driver’s license costs approximately $54 for six years.
Digital IDs:
As of now, Washington does not issue state-approved digital IDs. Individuals may use apps or services to store digital copies of ID for personal use, though these are not officially recognized by the state.
What types of identification are accepted for non-citizen or foreign nationals in this state?
Non-citizens or foreign nationals can use the following types of identification in Washington, depending on the context:
Foreign Passport: Accepted for travel, banking, and some legal or administrative purposes.
Permanent Resident Card (Green Card): Accepted for most state and federal identification purposes.
Employment Authorization Document (EAD): Accepted for identification and employment verification purposes.
Consular Identification Cards: Some consular ID cards ( issued by the Mexican or Guatemalan consulates) may be accepted for specific purposes, such as opening a bank account.
Enhanced Driver’s License (EDL): Non-citizens who are legal residents of Washington can apply for an EDL, which is valid for identification and border crossings into Canada or Mexico.
Can undocumented individuals obtain a state ID or Drivers license in this state?
Yes, undocumented individuals can obtain a standard driver’s license or state ID card in Washington. The state does not require proof of legal immigration status for these types of IDs. Instead, applicants must provide:
Proof of Identity: Foreign passports or consular ID cards are generally accepted.
Proof of Residency: Documents such as utility bills, lease agreements, or other proof of Washington residency are required.
Social Security Number (SSN) or Proof of Ineligibility: If the applicant does not have an SSN, they must provide a letter from the Social Security Administration stating they are ineligible.
Washington is considered a “sanctuary state”, offering protections for undocumented individuals, including access to driver’s licenses and state IDs without requiring proof of legal status.
What privacy protections are in place for Digital Id’s in this state?
Washington does not currently issue state-approved digital IDs.
Can Digital IDs be legally used for law enforcement verification?
Digital IDs are not officially recognized by Washington state for law enforcement verification.
Alcohol
Age permitted to Access Alcohol Retailers and Venues (How old do you have to be to enter a bar? Include Federal Law and State Law)
Federal law under the National Minimum Drinking Age Act of 1984 requires states to set the minimum age for purchasing or publicly possessing alcohol at 21 years old. States have discretion regarding access to alcohol-serving venues.
Washington State Law:
In Washington, individuals must generally be 21 years old to enter bars, taverns, or other venues where the primary purpose is the sale or consumption of alcohol.
Exceptions:
Minors may enter certain establishments (restaurants that serve alcohol) if accompanied by a parent or guardian.
Minors may also enter venues with restricted areas where alcohol is served if the venue has a designated “family-friendly” section.
Washington does not have a specific consumable limit for alcohol. Instead, consumption is regulated by laws regarding public intoxication, driving under the influence (DUI), and serving visibly intoxicated individuals.
It is illegal for anyone to consume alcohol to the point of public endangerment or intoxication while operating a vehicle or machinery.
Providing alcohol to minors at a private residence is a gross misdemeanor under Washington law.
Penalties include:
Fines: Up to $5,000.
Jail Time: Up to 1 year in jail.
Civil Liability: Adults who provide alcohol to minors may also be held liable for damages or injuries caused by the minor while under the influence.
Tobacco
Age permitted to access Tobacco Retailers and Venues (How old do you have to be to enter a cigar shop, smoke shop, or smoking lounge? Include Federal Law and State Law)
Under the FDA Tobacco Control Act and the Tobacco 21 Law, individuals must be 21 years old to purchase or access tobacco products or enter tobacco-related venues like cigar shops or smoke shops.
Individuals under 21 are prohibited from entering tobacco-related venues unless accompanied by an adult.
Washington State Law:
Washington follows federal law, requiring individuals to be 21 years old to enter tobacco retailers (cigar shops, smoke shops).
Smoking lounges or hookah bars may impose additional restrictions based on local ordinances, but the minimum age is always 21.
In Washington, the legal age to use tobacco products, including vaping devices, is 21 years old.
Use of tobacco by individuals under 21 is prohibited in all forms, including traditional cigarettes, cigars, smokeless tobacco, and electronic smoking devices.
Washington does not impose a specific consumable limit for tobacco use.
Smoking is prohibited in certain public places under the Washington Smoking in Public Places Law which bans smoking in indoor public spaces and workplaces.
Local ordinances may also regulate where tobacco can be consumable.
Yes, vaping products are regulated differently from traditional tobacco products in Washington:
Definition: Vaping products, referred to as vapor products, are regulated under RCW § 70.345. This includes devices, e-liquids, and components used for vaping.
Taxation: Vapor products are taxed differently from traditional tobacco. Washington imposes a per-milliliter tax on e-liquids, depending on the quantity of nicotine.
Age Restrictions: The same age restrictions apply: individuals must be 21 years old to purchase or use vaping products.
Labeling and Packaging: Vapor products must have child-resistant packaging and comply with labeling requirements under state and federal laws.
Are flavored vapes or disposable e-cigarettes banned?
The FDA prohibits the sale of flavored vaping products (other than tobacco and menthol) in closed-system devices (pods or cartridges).
Disposable e-cigarettes and open-system devices are not subject to the same federal flavor restrictions, but state laws may impose additional bans.
Washington State Law:
Washington has not enacted a statewide ban on flavored vaping products or disposable e-cigarettes. However:
Local jurisdictions may impose additional restrictions on flavored products.
The state imposes strict regulations on the marketing and sale of vaping products to minors.
Cannabis
Age permitted to access Cannabis Retailers and Venues (How old do you have to be to enter a dispensary or smoke shop? Include Federal Law and State Law)
Under federal law, cannabis remains classified as a Schedule I controlled substance under the Controlled Substances Act (CSA). Federal law prohibits the use, possession, or sale of cannabis, regardless of age, except in limited cases involving federally approved medical research.
Washington state has legalized cannabis for recreational and medical use, subject to state regulations.
Washington State Law:
Individuals must be 21 years old to enter a licensed cannabis retailer or dispensary in Washington.
Minors are prohibited from entering cannabis retailers, even if accompanied by an adult.
Exceptions: Individuals under 21 may enter a licensed medical cannabis dispensary only if they are a qualified medical cannabis patient with a valid medical authorization.
Individuals must be at least 21 years old to sell cannabis in Washington.
Selling cannabis requires a license issued by the Washington State Liquor and Cannabis Board (WSLCB). Employees of licensed cannabis retailers must also be at least 21 years old.
The legal age to purchase recreational cannabis in Washington is 21 years old.
Medical cannabis patients under 21 may purchase cannabis products from licensed medical dispensaries if they have a valid medical authorization and are registered in the Washington State Medical Marijuana Authorization Database.
Yes, minors can obtain medical cannabis in Washington under specific conditions:
Medical Authorization: A minor must receive a medical cannabis authorization from a healthcare provider for a qualifying medical condition.
Qualifying conditions include cancer, epilepsy, multiple sclerosis, chronic pain, and other severe illnesses.
Designated Provider: A parent or legal guardian must act as the minor’s designated provider and purchase or administer the cannabis on behalf of the minor.
The designated provider must also be registered in the Washington State Medical Marijuana Authorization Database.
Medical Dispensary Access: Minors cannot directly purchase cannabis but may enter a licensed medical cannabis dispensary with their designated provider.
Forms of Cannabis: Medical cannabis for minors is typically provided in non-smokable forms, such as tinctures, oils, or edibles.
Federal law does not explicitly set a minimum age for accessing adult content online but prohibits the distribution of obscene materials to minors. Websites hosting adult content are expected to restrict access by minors.
Washington State Law:
Washington law aligns with federal law and prohibits the distribution of obscene or sexually explicit materials to individuals under 18 years old.
Minors under 18 are not legally permitted to access adult content online.
Age permitted to access Adult Retailers and Venues (Sex shops, Strip Clubs, burlesque)
Sex Shops and Adult Retailers: Individuals must be at least 18 years old to enter adult retail stores or sex shops in Washington. These establishments are required to restrict access to minors.
Strip Clubs and Burlesque Venues: Strip clubs: Patrons must be 18 years old to enter if no alcohol is served. If alcohol is served, patrons must be 21 years old due to Washington’s alcohol laws.
Burlesque shows: These may have different age restrictions depending on the venue and whether alcohol is served, but the minimum age is typically 18 years old.
Are websites required to verify age for accessing adult content?
Federal law does not explicitly require websites to verify the age of users accessing adult content, but under Title 18 U.S.C. § 1470, websites distributing obscene material must take reasonable steps to prevent minors from accessing such content.
Common methods include requiring users to confirm their age or using third-party age verification systems.
Washington State Law:
Washington does not have specific laws mandating age verification for adult content websites. Websites that knowingly allow minors to access obscene content could face civil or criminal liability under state obscenity laws.
What penalties exist for providing minors access to adult material online?
Federal and Washington state laws require individuals to be at least 18 years old to work in the adult entertainment industry, whether as a performer, content creator, or employee at an adult venue.
Employers must verify the age of all workers to comply with federal and state laws.
Are there restrictions on employment terms for adult content creators?
Federal Law: Under Title 18 U.S.C. § 2257, there are strict federal requirements for employment terms in the adult entertainment industry:
Age Verification Records: Producers of sexually explicit content must maintain detailed records verifying the age of all performers.
Record Retention: These records must be retained and made available for inspection by federal authorities.
Labeling Requirements: Content must include a statement identifying the location of the age verification records.
Washington State Law:
Washington does not impose additional employment restrictions specific to adult content creators beyond federal requirements. General labor laws (workplace safety, wage laws) apply.
Under the National Voter Registration Act of 1993 (NVRA), states must allow individuals to register to vote if they meet the age requirements for voting.
Federal law requires that individuals be at least 18 years old on or before Election Day to vote.
Washington State Law:
Individuals in Washington can pre-register to vote at age 16 or 17, but they cannot vote until they turn 18 years old.
Washington allows pre-registration so that individuals are automatically eligible to vote when they turn 18.
Washington is a vote-by-mail state, meaning all registered voters automatically receive a ballot in the mail.
No identification is required to vote by mail. Voters simply need to sign the ballot declaration on the return envelope, and election officials verify the signature against voter registration records.
For in-person voting (rare cases, such as voting at a county elections office):
Voters may be asked to provide identification, but it is not required if the voter’s signature can be verified.
What Identification requirements are needed to vote on a Provisional ballot
If a voter’s eligibility is questioned or their name does not appear on the voter rolls, they may cast a provisional ballot.
Voters casting a provisional ballot are not required to show identification, but they must provide information that allows election officials to verify their eligibility ( name, address, and date of birth).
The provisional ballot will only be counted after election officials confirm the voter’s eligibility.
Voter Restrictions/ Requirements in place federally and within the state.
Voting Rights Act of 1965: Prohibits discrimination in voting based on race, color, or membership in a language minority group.
Help America Vote Act of 2002 (HAVA): Requires first-time voters who registered by mail to provide identification, such as a driver’s license or the last four digits of their Social Security number.
Establishes minimum standards for voting systems and voter registration databases.
Washington State Requirements:
Residency Requirement: Voters must be residents of Washington and registered to vote in the county where they reside.
Felony Convictions: Individuals with felony convictions regain their right to vote automatically upon release from prison. No further action is required to restore voting rights.
Citizenship Requirement: Voters must be U.S. citizens.
Same-day registration is allowed in person at a county elections office.
Legal
Laws on Presenting Identification to Law Enforcement
Under what circumstances is a person required to show ID to police?
Under Terry v. Ohio, 392 U.S. 1 (1968), an officer may stop and question a person if they have reasonable suspicion that the person is involved in criminal activity.
This does not automatically require the person to show identification unless specific state laws mandate it.
Washington State Law:
Washington does not have a “Stop and Identify” law, individuals are generally not required to show ID to police unless they are:
Driving a vehicle.
Under arrest or detained with probable cause.
Engaged in a licensed activity (hunting or fishing).
Can you be detained or arrested for refusing to show ID?
Washington does not have a “Stop and Identify” law.
Police can stop and question individuals if they have reasonable suspicion of criminal activity, but individuals are not obligated to show ID unless they are:
Driving (traffic stop).
Engaged in certain regulated activities (hunting).
Under arrest.
Washington law respects the Fourth Amendment and does not require individuals to carry ID in public places unless one of the above exceptions applies.
Do you have the right to remain silent or refuse to provide ID in certain situations?
Yes, drivers in Washington are required to provide a valid driver’s license, vehicle registration, and proof of insurance during a lawful traffic stop.
Refusing to provide these documents can result in fines and additional legal consequences.
What are the consequences of refusing to show ID during a traffic stop?
Yes, passengers can legally refuse to provide ID unless law enforcement has reasonable suspicion that the passenger is involved in criminal activity.
Curfew Laws for Minors
Are minors required to carry ID to prove their age if stopped past curfew?
While Washington does not have a statewide curfew law, local jurisdictions may require minors to prove their age if stopped past curfew. Carrying ID is not explicitly required but may help avoid further questioning.
What are the penalties for violating curfew laws?
Penalties for minors violating curfew laws (in jurisdictions with such laws) may include:
Warnings: First offenses often result in a warning.
Fines: Repeat offenses may result in fines.
Community Service: Some jurisdictions may require community service for violations.
Trespassing and ID Requirements
Can police demand ID if someone is suspected of trespassing?
Yes, if an officer has reasonable suspicion that someone is trespassing, they may detain the individual and ask for identification to confirm their identity.
What are the consequences of refusing to provide identification in such situations?