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California
California

Identification

  • Acceptable Identification
  • Acceptable Digital Identification
    • California Mobile ID
      • Law enforcement, state government agencies, and businesses aren’t yet accepting the mDL.
      • The mDL is currently authorized for limited usage. There are many participating airports across the United States.
  • What requirements are needed to acquire acceptable ID’ and Acceptable Digital ID’s
    • Required Documents
    • Proof of Identity (must include full name and DOB)
      • Valid US passport or passport card 
      • Original or certified copy of US birth certificate issued by a city, county, or a state vital statistics office
      • Valid Permanent Resident Card 
      • Certified marriage certificate
    • Two Proofs of California Residency:
      • Home utility bill 
      • Insurance documents
    • Social Security Card:
      • Not required
  • What types of identification are accepted for non-citizen or foreign nationals in this state?
    • California DMV
      • Permanent Resident Card (Form I-551)
      • Employment Authorization Document (Form I-766)
      • Refugee Travel Document (Form I-571)
      • Valid foreign passport
  • Can undocumented individuals obtain a state ID or Drivers license in this state?
    • Real ID for Non-US Citizens
      • One Proof of Identity (original or certified copy only):
        • Unexpired foreign passport with valid U.S. Visa and approved I-94 form
        • Valid, unexpired Permanent Resident Card
        • Valid/expired Permanent Resident Card with Notice of Action (I-797 C) or Approval Notice (I-797)
        • Valid, unexpired Employment Authorization Document (EAD) Card (I-766) or valid/expired EAD Card with Notice of Action (I-797 C)
        • Unexpired foreign passport stamped “Processed for I-551”
        • Documents reflecting TPS benefit eligibility.
      • Two Proofs of California Residency
        • Rental or lease agreement with the signature of the owner/landlord and the tenant/resident
        • Deed or title to residential real property
        • Mortgage bill
        • Home utility bill (including cellular phone)
        • School documents issued by a public or private primary, secondary, or post-secondary institution, college, or university that includes the applicant’s date of birth (If using a foreign school document, it must be sealed by the school and include a photograph of the applicant at the age the record was issued.)
        • Medical documents
        • Employment documents
        • Insurance documents, including medical, dental, vision, life, home, rental or vehicle
        • Tax return (either Internal Revenue Service [IRS] or California Franchise Tax Board [FTB])
        • Change of Address confirmation by the U.S. Postal Service
        • Property tax bill or statement
        • Voter registration confirmation letter or postcard issued by the California Secretary of State or a local California county elections officer
        • Proof of payment of resident tuition at a public institution of higher education in California
        • An original copy of an approved Claim for Homeowners’ Property Tax Exemption (BOE-266) form filed with a local California County Assessor
  • What privacy protections are in place for Digital Id’s in this state?
  • Can Digital IDs be legally used for law enforcement verification?
    • No – not at this time

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)?
  • Age permitted to consume Alcohol
    • California Code 16-9-3
      • 25658.2.  (a) A parent or legal guardian who knowingly permits his or her child, or a person in the company of the child, or both, who are under the age of 18 years, to consume an alcoholic beverage or use a controlled substance at the home of the parent or legal guardian is guilty of misdemeanor if all of the following occur:
        • (1) As the result of the consumption of an alcoholic beverage or use of a controlled substance at the home of the parent or legal guardian, the child or other underage person has a blood-alcohol concentration of 0.05 percent or greater, as measured by a chemical test, or is under the influence of a controlled substance.
        • (2) The parent knowingly permits that child or other underage person, after leaving the parent’s or legal guardian’s home, to drive a vehicle.
        • (3) That child or underage person is found to have caused a traffic collision while driving the vehicle.
      • (b) A person who violates subdivision (a) shall be punished by imprisonment in a county jail for a term not to exceed one year, by a fine not exceeding one thousand dollars ($1,000), or by both imprisonment and fine.
  • Age permitted to serve Alcohol
    • California Code 16-9-3
      • 25663.  (a) Except as provided in subdivision (c), no licensee that sells or serves alcoholic beverages for consumption on the premises shall employ any person under 21 years of age for the purpose of preparing or serving alcoholic beverages. Every person who employs or uses the services of any person under the age of 21 years in or on that portion of any premises, during business hours, which are primarily designed and used for the sale and service of alcoholic beverages for consumption on the premises is guilty of a misdemeanor.
  • Age permitted to purchase Alcohol
    • California Code 16-9-3
      • Any person under 21 years of age who attempts to purchase any alcoholic beverage from a licensee, or the licensee’s agent or employee, is guilty of an infraction and shall be punished by a fine of not more than two hundred fifty dollars ($250), or the person shall be required to perform not less than 24 hours or more than 32 hours of community service during hours when the person is not employed or is not attending school, or a combination of fine and community service as determined by the court
  • What is the consumable limit (if any)
    • N/A
  • What is the purchase limit (if any)
    • N/A
  • What is the legal BAC (Blood Alcohol Content) limit in this state?
    • California BAC
    • 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: A BAC0.01% or higher is illegal 
  • Are there any exceptions for minors consuming alcohol (e.g., religious ceremonies, parental supervision)?
    • California Code 16-9-3
      • 25658.2.  (a) A parent or legal guardian who knowingly permits his or her child, or a person in the company of the child, or both, who are under the age of 18 years, to consume an alcoholic beverage or use a controlled substance at the home of the parent or legal guardian is guilty of misdemeanor if all of the following occur:
        • (1) As the result of the consumption of an alcoholic beverage or use of a controlled substance at the home of the parent or legal guardian, the child or other underage person has a blood-alcohol concentration of 0.05 percent or greater, as measured by a chemical test, or is under the influence of a controlled substance.
        • (2) The parent knowingly permits that child or other underage person, after leaving the parent’s or legal guardian’s home, to drive a vehicle.
        • (3) That child or underage person is found to have caused a traffic collision while driving the vehicle.
      • (b) A person who violates subdivision (a) shall be punished by imprisonment in a county jail for a term not to exceed one year, by a fine not exceeding one thousand dollars ($1,000), or by both imprisonment and fine.
  • What are the penalties for providing alcohol to minors at a private residence?
    • California Code 16-9-3
      • (b) A person who violates subdivision (a) shall be punished by imprisonment in a county jail for a term not to exceed one year, by a fine not exceeding one thousand dollars ($1,000), or by both imprisonment and fine.”

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)
  • Age permitted to use Tobacco
    • Business and Professions Code Section 22952(b)
      • “(b) Establish requirements that retailers of tobacco products post conspicuously, at each point of purchase, a notice stating that selling tobacco products to anyone under 21 years of age is illegal and subject to penalties. The notice shall also state that the law requires that all persons selling tobacco products check the identification of a purchaser of tobacco products who reasonably appears to be under 21 years of age. The warning signs shall include a toll-free telephone number to the department for persons to report unlawful sales of tobacco products to any person under 21 years of age.”
  • Age permitted to sell Tobacco
    • It depends. California state law and federal law do not specify an age requirement for clerks to sell tobacco products; however, many local jurisdictions have laws about the minimum legal age of a clerk to sell tobacco products. 
    • FDA Regulations say the minimum-age to sell tobacco and vaping products is 18.
  • Age permitted to purchase Tobacco
    • Business & Profession Code Section 22952
      • Establish and develop a program to reduce the availability of tobacco products to persons under 21 years of age through the enforcement activities authorized by this division.
      • Establish requirements that retailers of tobacco products post conspicuously, at each point of purchase, a notice stating that selling tobacco products to anyone under 21 years of age is illegal and subject to penalties. The notice shall also state that the law requires that all persons selling tobacco products check the identification of a purchaser of tobacco products who reasonably appears to be under 21 years of age. The warning signs shall include a toll-free telephone number to the department for persons to report unlawful sales of tobacco products to any person under 21 years of 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?
    • No
  • Are flavored vapes or disposable e-cigarettes banned?
    • FDA
    • Federal law prohibits the sale of closed-system devices (pods, cartridges) containing e-liquid in flavors other than tobacco or menthol.
  • Additional Resources

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)
    • Business & Profession Code Section 26140
      • An A-licensee shall not:
        • Sell cannabis or cannabis products to persons under 21 years of age.
        • Allow any person under 21 years of age on its premises, unless the A-licensee holds an M-license and the licensed premises for the A-license and M-license are the same.
        • Employ or retain persons under 21 years of age.
        • Sell or transfer cannabis or cannabis products unless the person to whom the cannabis or cannabis product is to be sold first presents documentation that reasonably appears to be a valid government-issued identification card showing that the person is 21 years of age or older.
  • Age permitted to use Cannabis
    • Business & Profession Code Section 26140
      • An A-licensee shall not:
        • Sell cannabis or cannabis products to persons under 21 years of age.
        • Allow any person under 21 years of age on its premises, unless the A-licensee holds an M-license and the licensed premises for the A-license and M-license are the same.
        • Employ or retain persons under 21 years of age.
        • Sell or transfer cannabis or cannabis products unless the person to whom the cannabis or cannabis product is to be sold first presents documentation that reasonably appears to be a valid government-issued identification card showing that the person is 21 years of age or older.
  • Age permitted to sell Cannabis
  • Age permitted to purchase Cannabis
    • Business & Profession Code Section 26140
      • An A-licensee shall not:
        • Sell cannabis or cannabis products to persons under 21 years of age.
        • Allow any person under 21 years of age on its premises, unless the A-licensee holds an M-license and the licensed premises for the A-license and M-license are the same.
        • Employ or retain persons under 21 years of age.
        • Sell or transfer cannabis or cannabis products unless the person to whom the cannabis or cannabis product is to be sold first presents documentation that reasonably appears to be a valid government-issued identification card showing that the person is 21 years of age or older.
  • What is the consumable limit (if any)
    • N/A
  • What is the purchase limit (if any)
    • Health & Safety Code Section 11357
      • Except as authorized by law, possession of not more than 28.5 grams of cannabis, or not more than eight grams of concentrated cannabis
  • Can minors obtain medical cannabis with a prescription?

Adult Media

  • Age permitted to access Adult Content ONLINE
    • No online age restriction
  • Age permitted to access Adult Retailers and Venues (Sex shops, Strip Clubs, burlesque)
    • N/A
  • Are websites required to verify age for accessing adult content?
    • N/A
  • What penalties exist for providing minors access to adult material online?
    • Title 18 Section 1470 Federal laws prohibit the distribution of obscene materials to minors. Violations can result in significant fines and imprisonment.
  • What is the minimum age to work in the adult entertainment industry?
  • Are there restrictions on employment terms for adult content creators?

Voting

  • Age permitted to register to vote in the state
    • Election Code Section 2100 – 2124
      • (a) A person entitled to register to vote shall be a United States citizen, a resident of California, not imprisoned for the conviction of a felony, and at least 18 years of age at the time of the next election.
      • (b) A person entitled to preregister to vote in an election shall be a United States citizen, a resident of California, not imprisoned for the conviction of a felony, and at least 16 years of age.
  • Age permitted to vote in the state
    • Election Code Section 2000
      • (a) Every person who qualifies under Section 2 of Article II of the California Constitution and who complies with this code governing the registration of electors may vote at any election held within the territory within which he or she resides and the election is held.
      • (b) Any person who will be at least 18 years of age at the time of the next election is eligible to register and vote at that election.
      • (c) Pursuant to Section 2102, any person who is at least 16 years of age and otherwise meets all eligibility requirements to vote is eligible to preregister to vote, but is not eligible to vote until he or she is 18 years of age.
    • Election Code Section 2138 – 2143
  • What Identification requirements are needed to vote on a regular ballot
    • It may depend
      • Vote in person: prior to receiving your ballot at your polling location, you may be asked to provide an acceptable form of identification.
        • Examples of acceptable forms of personal identification are as follows: a copy of a recent utility bill, the county Voter Information Guide you received from your county elections office or another document sent to you by a government agency, or a copy of your passport, driver license, California identification card, or student identification card.
  • What Identification requirements are needed to vote on a Provisional ballot
  • Voter Restrictions/ Requirements in place federally and within the state.

Legal

  • Laws on Presenting Identification to Law Enforcement
    • Under what circumstances is a person required to show ID to police?
    • Can you be detained or arrested for refusing to show ID?
      • No
  • “Stop and Identify” Laws in this state
    • What is this state’s specific laws regarding police stops and ID requirements?
      • There are no “Stop and identify” in place 
      • Penal Code Section 849(b)
        • A peace officer may release from custody, instead of taking the person before a magistrate, a person arrested without a warrant in the following circumstances:
          • (1) The officer is satisfied that there are insufficient grounds for making a criminal complaint against the person arrested.
          • (2) The person arrested was arrested for intoxication only, and no further proceedings are desirable.
          • (3) The person was arrested only for being under the influence of a controlled substance or drug and the person is delivered to a facility or hospital for treatment and no further proceedings are desirable.
          • (4) The person was arrested for driving under the influence of alcohol or drugs and the person is delivered to a hospital for medical treatment that prohibits immediate delivery before a magistrate.
          • (5) The person was arrested and subsequently delivered to a hospital or other urgent care facility, including, but not limited to, a facility for the treatment of co-occurring substance use disorders, for mental health evaluation and treatment, and no further proceedings are desirable.
          • (6) The person was arrested and subsequently delivered or referred to a public health or social service organization that provides services including, but not limited to, housing, medical care, treatment for alcohol or substance use disorders, psychological counseling, or employment training and education, the organization agrees to accept the delivery or referral, and no further proceedings are desirable.
  • 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?
      • No
  • Traffic Stops and ID Requirements
    • Are you required to provide an ID when pulled over by law enforcement?
      • Vehicle Code Section 12951
        • (a) The licensee shall have the valid driver’s license issued to him or her in his or her immediate possession at all times when driving a motor vehicle upon a highway. Any charge under this subdivision shall be dismissed when the person charged produces in court a driver’s license duly issued to that person and valid at the time of his or her arrest, except that upon a third or subsequent charge the court in its discretion may dismiss the charge. When a temporary, interim, or duplicate driver’s license is produced in court, the charge shall not be dismissed unless the court has been furnished proof by the Department of Motor Vehicles that the temporary, interim, or duplicate license was issued prior to the arrest, that the driving privilege and license had not been suspended or revoked, and that the person was eligible for the temporary, interim, or duplicate license.
        • (b) The driver of a motor vehicle shall present his or her license for examination upon demand of a peace officer enforcing the provisions of this code.
    • What are the consequences of refusing to show ID during a traffic stop?
  • Passenger ID Requirements in Vehicles
    • Do passengers need to show ID if a vehicle is stopped by law enforcement?
      • Not required
    • Can passengers legally refuse to provide ID?
      • Yes
  • Curfew Laws for Minors
    • Are minors required to carry ID to prove their age if stopped past curfew?
      • Depends on the county
    • What are the penalties for violating curfew laws?
      • Answer
  • Trespassing and ID Requirements

Other Sources