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Arizona
Arizona

Identification

  • Acceptable Identification
  • Acceptable Digital Identification
    • Mobile Driver’s License (mDL): 
    • Arizona’s mDL can be used at select TSA checkpoints and for some in-state verifications but is NOT yet universally accepted by law enforcement or businesses.
    • Residents are advised to carry a physical ID as backup.
  • What requirements are needed to acquire acceptable ID’ and Acceptable Digital ID’s
    • AZ DL/ID Requirements:
      • Proof of Identity: Birth certificates, U.S. Passports, or permanent resident card.
      • Proof of Social Security Number: Social Security card or W-2 form displaying your SSN.
      • Proof of Arizona Residency: 2 Documents showing your current address. (Utility bills, bank statements, or lease agreements)
      • All documents must be originals or certified copies in English.
  • What types of identification are accepted for non-citizen or foreign nationals in this state?
    • Accepted Documents
      • Employment Authorization Card
      • USCIS Form I-94
      • Permanent Resident Card
  • Can undocumented individuals obtain a state ID or Drivers license in this state?
    • No
  • What privacy protections are in place for Digital Id’s in this state?
    • Data encryption:
      • Arizona’s mDL uses encryption and local device storage for security.
      • Privacy concerns exist because Apple has a role in ID verification, raising concerns about data access and tracking.
  • Can Digital IDs be legally used for law enforcement verification?
    • YES:
      • In Arizona, digital driver’s licenses may be legally used in any situation where a physical ID is accepted, including interactions with law enforcement. 
      • Residents should carry a physical ID when interacting with police.

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)
    • ARS 4-244.05
      • Individuals must be 21 years old to enter bars and establishments where alcohol is the primary item sold.
      • Arizona law allows individuals under 21 to enter bars if they are accompanied by a parent, spouse, or legal guardian who is of legal drinking age.
      • There are also exemptions for workers in licensed establishments.
  • Age permitted to consume Alcohol
    • ARS 4-244.05
      • The legal drinking age in Arizona is 21 years old
  • Age permitted to serve Alcohol
    • RS 4-244
    • AzLiquor
      • Eighteen years of age for an on-sale establishment and eighteen years of age for an off-sale establishment that sells primarily spirituous liquor.
      • Sixteen years of age for an off-sale establishment that sells primarily items other than spirituous liquor.
  • Age permitted to purchase Alcohol
    • ARS 4-244.05
      • Individuals must be 21 years old to purchase alcohol
  • What is the consumable limit (if any)
    • There is no specific legal limit on the amount an individual can consume
  • What is the purchase limit (if any)
    • Arizona law does not specify a statutory limit on the quantity of alcohol one can purchase at a time, but retailers may impose their own limits.
  • What is the legal BAC (Blood Alcohol Content) limit in this state?
    • BAC Limits
      • Standard Drivers: A BAC of 0.08% or higher is illegal.
      • Commercial Drivers: A BAC of 0.04% or higher is illegal.
      • Drivers Under 21: Any detectable BAC is illegal.
    • Are there any exceptions for minors consuming alcohol (e.g., religious ceremonies, parental supervision)?
      • Revised Statutes 4-249 and 4-226
        • Arizona law does provide exceptions for minors consuming alcohol in specific circumstances:
        • Religious Services: Consumption as part of a bona fide religious service is permitted.
        • Medical Purposes: Consumption for a bona fide medicinal purpose and in a manner not dangerous to public health or safety.
        • Unlike some states, Arizona does NOT allow minors to drink under parental supervision at home.
    • What are the penalties for providing alcohol to minors at a private residence?
      • Revised Statues 4-241
        • Providing alcohol to individuals under 21 is illegal and can result in criminal charges. Specifically, it is unlawful for a person to sell, furnish, dispose of, or give spirituous liquor to a person under the legal drinking age. 
        • Violations can lead to a Class 1 misdemeanor, which may include fines and potential jail time.
          • If an individual knowingly hosts a gathering where underage persons are consuming alcohol on unlicensed premises, they can also be charged with a Class 1 misdemeanor and face additional penalties.

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)
    • Federal law mandates 
    • Arizona law now mandates that individuals must be 21 years old to enter establishments where tobacco products are sold, aligning with federal law.
  • Age permitted to use Tobacco
    • SB 1225
      • Arizona prohibits the possession and use of tobacco, alternative nicotine products, and vapor products by individuals under 21.
  • Age permitted to sell Tobacco
    • FDA Regulations say the minimum-age to sell tobacco and vaping products is 18, but it may be different for your store.
  • Age permitted to purchase Tobacco
    • Federal law mandates that individuals must be 21 years old to purchase tobacco products.
    • Arizona state law currently sets the minimum age at 18 years old.
    • Despite the discrepancy, federal law takes precedence, and retailers are required to comply with the 21-year minimum age.
  • What is the consumable limit (if any)
    • N/A
  • What is the purchase limit (if any)
    • N/A
  • Are vaping products regulated differently from traditional tobacco in this state?
    • Statewide no, but local jurisdictions within the state may have their own regulations (Tempe).
  • Are flavored vapes or disposable e-cigarettes banned?
    • Statewide no, but local jurisdictions within the state may have their own regulations.
    • Example: The Phoenix City Council has considered regulations on all flavored tobacco products, including vaping products. – SB1517

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)
    • Individuals must be 21 years old to enter recreational cannabis dispensaries in Arizona.
    • Exceptions:  Qualified patients under the age of 18 may access medical marijuana dispensaries through a designated caregiver. Their designated caregiver (who must be at least 21) must purchase the cannabis for them.
  • Age permitted to use Cannabis
    • Recreational: Adults aged 21 and over in Arizona.
    • Medical: Permitted for qualifying patients of any age, including minors with a designated caregiver.They must also have certifications from two physicians to be eligible.
  • Age permitted to sell Cannabis
    • ARS Title 36, Chapter 28.2
      • Arizona law requires all individuals working in a marijuana establishment (including sales positions) to be at least 21 years old.
  • Age permitted to purchase Cannabis
    • Prop 207
      • Must be at least 21 years old to possess, purchase, transport, or process 1 ounce or less of marijuana or 5 grams or less of marijuana concentrate.
      • Medical marijuana patients under 18 must have two physician certifications and a designated caregiver to legally purchase cannabis.
  • What is the consumable limit (if any)
    • ARS Title 36, Chapter 28.52
    • Recreational:
      • Users aged 21 and over, Arizona law allows possession of up to 1 ounce (28 grams) of marijuana, with no more than 5 grams in the form of marijuana concentrate.
    • Medical:
      • Marijuana patients may possess up to 2.5 ounces (approximately 70 grams) of usable marijuana.
  • What is the purchase limit (if any)
    • ARS Title 36, Chapter 28.52
    • Recreational:
      • Recreational users can purchase up to 1 ounce (28 grams) of marijuana, with no more than 5 grams of marijuana concentrate, per transaction.
    • Medical
      • Medical marijuana patients may purchase up to 2.5 ounces of marijuana every 14 days.
  • Can minors obtain medical cannabis with a prescription?
    • A.A.C R9-17-202 Medical Marijuana Program Application
    • Yes, minors can obtain medical cannabis in Arizona under specific conditions. A minor patient must have a designated caregiver, typically a parent or legal guardian, who applies on their behalf. The application process includes obtaining a written certification from 2 different physicians and completing the necessary state forms.

Adult Media

  • Age permitted to access Adult Content ONLINE
    • HB 2112
      • Requires commercial entities that knowingly and intentionally distribute material on a website, of which more than one-third is pornography, to use reasonable methods to verify that users are 18 years or older.
      • Directs said entities to verify age by requiring users to either:
        • provide digital identification; or
        • utilize a commercial age verification system, that may use either government-issued identification or transactional data 
  • Age permitted to access Adult Retailers and Venues (Sex shops, Strip Clubs, burlesque)
    • ARS Title 13-3558
      • It is unlawful for an owner, operator or employee to admit a person under the age of eighteen into any business establishment where persons, in the course of their employment expose their genitals or anus or the areola or nipple of the female breast.
      • Local ordinances may impose stricter age requirements.
      • Some counties may have additional licensing and operational restrictions.
      • Penalty of person who violates this is guilty of a class 6 felony
  • Are websites required to verify age for accessing adult content?
    • HB 2112
      • Provide a form of digital identification that does not cause or allow the individual’s identifying information to be transmitted to any federal, state or local government entity.
      • Comply with a commercial age verification system that does not cause or allow the individual’s identifying information to be transmitted to any federal, state or local government entity and verifies age using either of the following:
        • (a) government-issued identification.
        • (b) a commercially reasonable method that relies on public or private transactional data to verify the age of an individual.
      • A commercial entity or a third-party entity that performs the age verification that is required by this section may not retain any identifying information of the individual and may not cause or allow any identifying information of the individual to be directly or indirectly transmitted to any federal, state or local government entity.
  • What penalties exist for providing minors access to adult material online?
    • HB 2112
      • (a) $10,000 per day that the entity operates an internet website in violation of the age verification requirements of this section.
      • (b) $10,000 per instance when the entity retains or transmits identifying information in violation of subsection c of this section.
      • For an additional amount of not more than $250,000 if, because of the entity’s violation of the age verification requirements of this section, one or more minors accesses sexual material that is harmful to minors.
  • What is the minimum age to work in the adult entertainment industry?
  • Are there restrictions on employment terms for adult content creators?
    • Sec 10-148
    • Licensing and Permits:
      • Business Licensing: Adult-oriented businesses must obtain appropriate licenses to operate legally. This requirement applies to various establishments, including adult arcades, bookstores, cabarets, and theaters.
      • Employee Permits: Employees, such as erotic entertainers, may be required to secure specific permits or identification cards, depending on local ordinances.
        • Performers must apply for an Adult Cabaret Performer or Erotic Entertainer License through the City Clerk’s office.
        • The application process includes submitting a government-issued photo ID, proof of lawful presence in the U.S., and payment of a non-refundable application fee of $24. 
        • A digital photograph will be taken by the License Services staff during the application submission.
      • Manager Permits:Managers of sexually oriented businesses may also be required to obtain specific permits, also depending on local ordinances
    • It’s important to note that these requirements can differ based on local regulations.

Voting

  • Age permitted to register to vote in the state
    • ARS 16-101
    • Must be 18 years of age on or before the day of the next regular General Election
  • Age permitted to vote in the state
    • SOS- AZ Voters
    • To vote in Arizona, individuals must be 18 years old on or before Election Day.
  • What Identification requirements are needed to vote on a regular ballot
    • AZCleanElections
    • When voting in person, Arizona law requires voters to present identification. Acceptable forms of ID are categorized into three lists:
      • List #1: One form of photo identification with the voter’s name and address, such as:
        • An Arizona driver’s license
        • A U.S. federal, state, or local government-issued ID
        • An Arizona ID card
        • A tribal enrollment card or other form of tribal ID
      • List #2: Two different forms of non-photo identification with the voter’s name and address, such as:
        • A utility bill
        • A bank or credit union statement
        • A valid Arizona vehicle registration
        • An Indian census card
      • List #3: Mix & Match from Lists #1 & #2 (Two Required)Two forms of identification, one with the voter’s name and photo, and one with the voter’s name and address.
        • Any valid photo identification from List 1 in which the address does not reasonably match the precinct register accompanied by a non-photo identification from List 2 in which the address does reasonably match the precinct register
        • U.S. Passport without address and one valid item from List 2
        • U.S. Military identification without address and one valid item from List 2
    • What Identification requirements are needed to vote on a Provisional ballot
      • If a voter is unable to provide the required identification at the polling place, they are entitled to cast a provisional ballot. This ballot will be counted once the County Recorder’s Office confirms that the voter is registered and eligible to vote in the election.
      • Proof of ID is required on specific calendar days after federal elections, while the designated days for other elections may differ depending on the location.(usually 3 – 5 days) 
      • Members of federally-recognized tribes are not required to have an address or photo on their tribal identification in order to cast a provisional ballot.
    • Voter Restrictions/ Requirements in place federally and within the state.
      • AZ Registration Requirements 
      • AZ Clean Elections Registration and Voting 
      • Proof of Citizenship: Arizona requires individuals to provide proof of citizenship when registering to vote. 
      • If an individual submits valid proof of citizenship with their voter registration form, they are entitled to vote in all federal, state, and local elections for which they are eligible. If an individual attests to being a citizen but fails to provide proof of citizenship and their citizenship is not otherwise verified, they will be eligible to vote only in federal elections (known as being a “federal only” voter).
      • Acceptable documents include:
        • Birth certificate
        • Passport
        • Naturalization documents
      • Felony Convictions: Individuals convicted of a felony in Arizona lose their right to vote.
        • For a first-time felony conviction, civil rights are automatically restored upon completion of the person’s sentence and payment of any fines and restitution. 
        • For multiple felony convictions, individuals must apply to have their voting rights restored.
      • Residency Requirements: Voters must be residents of Arizona and the county listed on their registration. They must also be registered at least 29 days before the election in which they wish to vote.

Employment

  • Minimum Age to work in the state
    • At what age can minors legally begin working in this state?
      • Arizona Child Labor Laws
      • In Arizona, individuals 14 years old and older are generally permitted to work, subject to specific restrictions and conditions.
    • Are there different age requirements for different types of jobs (hazardous work, agriculture, entertainment industry, etc.)?
      • Labor Youth Employment
      • Ages 14 and 15:
        • Minors in this age group may work in various non-hazardous jobs, such as office work, retail, and food service.
        • They are prohibited from working in hazardous occupations, including manufacturing, mining, and operating heavy machinery.
      • Ages 16 and 17:
        • allowed to work in a broader range of jobs but are still restricted from specific hazardous occupations, such as:
        • Manufacturing or storing explosives
        • Mining
        • Operating motor vehicles beyond certain limits
        • Occupations involving exposure to radioactive substances
        • Logging and sawmilling
        • Power-driven woodworking machines
        • Exposure to harmful chemicals
        • Power-driven metal-forming, punching, and shearing machines
        • Power-driven bakery machines
        • Power-driven paper products machines
        • Manufacturing brick, tile, and related products
        • Power-driven circular saws, band saws, and guillotine shears
        • Wrecking, demolition, and shipbreaking operations
        • Roofing operations
        • Excavation operations
  • Work Permit Requirements for Minors
    • Arizona Labor Laws
      • Do minors under a certain age need a work permit?
        • No but employers are advised to request proof of age to ensure compliance with child labor laws
      • What documents are required to obtain a work permit?
        • N/A
  • Restrictions on Work Hours for Minors
    • Are there limits on how many hours a minor can work per day or per week?
      • Labor – Youth Employment – Hours Restrictions
      • Ages 14 and 15:
        • When School is in session
          • Maximum of 3 hours per day on school days
          • Maximum of 8 hours per day on non-school days
          • Maximum of 18 hours per week
          • Work hours must be between 6:00 a.m. and 9:30 p.m. on days preceding a school day
          • On days not preceding a school day, work hours can extend until 11:00 p.m.
        • When School is NOT in session
          • Maximum of 8 hours per day
          • Maximum of 40 hours per week
          • Work hours must be between 6:00 a.m. and 11:00 p.m.
      • Age 16 and 17

Legal

  • Laws on Presenting Identification to Law Enforcement
    • ARS 13-2412 
    • Under what circumstances is a person required to show ID to police?
      • In Arizona, if a law enforcement officer has reasonable suspicion that an individual is involved in criminal activity, the officer can request the person’s name or identification. The individual is legally required to provide their true full name or present identification in such situations.
    • Can you be detained or arrested for refusing to show ID?
      • Yes, if an individual refuses to provide their name or identification when lawfully detained based on reasonable suspicion, they can be charged with a class 2 misdemeanor under Arizona law.
  • “Stop and Identify” Laws in this state
    • ARS 13-2412
    • What is this state’s specific laws regarding police stops and ID requirements?
      • If an officer has reasonable suspicion that a person is involved in criminal activity, the individual is required to provide their true full name or present identification upon request.
    • Do you have the right to remain silent or refuse to provide ID in certain situations?
      • While you have the right to remain silent regarding other questions, in Arizona, during a lawful detention based on reasonable suspicion, you are required to provide your true full name or identification. Refusal to do so can result in legal consequences.
  • Public Place ID Requirements
    • Are there any public areas where a person must carry ID?
      • No
    • Are there curfew or loitering laws requiring ID verification?
      • Many cities in Arizona have curfew laws for minors. Law enforcement may request identification to verify age during curfew hours.
  • Traffic Stops and ID Requirements
    • ARS 28-1595
    • Are you required to provide an ID when pulled over by law enforcement?
      • Yes, drivers in Arizona are legally required to present their driver’s license, vehicle registration, and proof of insurance upon request during a traffic stop.
    • What are the consequences of refusing to show ID during a traffic stop?
      • Refusing to provide the required documents during a traffic stop can result in penalties, including fines and potential arrest, as it is a violation of state law.
  • Passenger ID Requirements in Vehicles
    • Do passengers need to show ID if a vehicle is stopped by law enforcement?
      • Passengers are generally not required to provide identification during a traffic stop unless the officer has reasonable suspicion that the passenger is involved in criminal activity.
    • Can passengers legally refuse to provide ID?
      • Yes, unless there is reasonable suspicion of criminal involvement, passengers can refuse to provide identification.
  • Curfew Laws for Minors
    • City Municipal code 22-1
    • Each Arizona city enforces its own curfew laws. A city’s law is sometimes called a ‘Municipal Code’ or ‘City Code.’ Your best source for the curfew law in your city is your local police department or city attorney’s office. You may also search a municipal code web site for more information.
    • Are minors required to carry ID to prove their age if stopped past curfew?
      • No
    • What are the penalties for violating curfew laws?
      • Violating curfew laws in Arizona can result in penalties for both the minor and their parents or legal guardians.
        • For a first-time offense, the minor may receive a warning or be required to attend a diversion program, such as community service or counseling. 
        • For subsequent offenses, the minor may face fines.
      • If a parent or legal guardian knowingly allows a minor to violate curfew laws, they may also face penalties. For a first-time offense, the parent or legal guardian may receive a warning or be required to attend a diversion program. For subsequent offenses, they may face fines.
  • Trespassing and ID Requirements
    • ARS13-2412 , ARS 13-1502, ARS 13-1503, ARS 13-1504
    • Can police demand ID if someone is suspected of trespassing?
      • Yes, if an officer has reasonable suspicion that an individual is trespassing, they can request identification.
      • You do not need to answer other questions about what you are doing, where you are going, or why you do not want to talk to the officer.
      • Your refusal to answer questions is not evidence of your involvement in a crime.
    • What are the consequences of refusing to provide identification in such situations?
      • Refusing to provide identification when lawfully detained under suspicion of trespassing can lead to arrest, misdemeanor, and felony charges for both trespassing and failure to provide identification.