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Georgia
Georgia

Identification

  • Acceptable Identification
    • Georgia Code § 21-2-417
    • State-Issued ID Forms:
      • Georgia recognizes the following as acceptable forms of identification for official purposes (voting, accessing government services, etc.):
        • Georgia driver’s license (valid or expired within the last year).
        • Georgia state identification card.
        • U.S. passport.
        • U.S. military ID (with photo).
        • Tribal ID (with photo).
        • Employee ID issued by government agency (with photo).
        • Student ID issued by a Georgia public college, university, or technical school.
        • Permanent resident card (green card) or Employment Authorization Document (EAD).
      • Voting-Specific ID:
        • For voting purposes, Georgia requires one of the above forms of photo identification to cast a ballot in person.
  • Acceptable Digital Identification
  • What requirements are needed to acquire acceptable ID’ and Acceptable Digital ID’s
    • Georgia Department of Driver Services (DDS)
    • Requirements for a Physical State ID or Driver’s License:
      • To obtain a Georgia state ID or driver’s license, applicants must provide:
        • Proof of identity (e.g., birth certificate, U.S. passport).
        • Proof of Social Security number (e.g., Social Security card, W-2 form).
        • Proof of Georgia residency (e.g., utility bill, lease agreement).
        • Proof of lawful presence in the U.S. (for non-citizens).
    • Requirements for Digital IDs:
      • The digital ID serves as a companion to the physical ID and does not replace it.
      • To obtain a digital ID, applicants must already have a valid Georgia driver’s license or state ID. They can then download the state-approved app and follow the verification process, which includes:
        • A valid Georgia drivers license or state ID.
        • Use an Apple iPhone or Apple Watch
        • Follow the enrollment process via the Apple Wallet app
        • Completing an identity verification process (facial recognition, phone number verification).
  • What types of identification are accepted for non-citizen or foreign nationals in this state?
    • Georgia Code § 40-5-21.1
    • Georgia DDS Non-U.S Citizen Requirements
    • Non-citizens and foreign nationals residing in Georgia may use the following forms of ID:
      • Unexpired Permanent Resident Card (Form I-551)
      • Unexpired Employment Authorization Document (Form I-766/EAD)
      • Unexpired foreign passport with a valid U.S. visa and I-94 form
      • Temporary visitors with approved lawful presence (e.g., F-1, H-1B, etc.).
    • These documents must be accompanied by proof of Social Security number (if issued) and two proofs of Georgia residency.
  • Can undocumented individuals obtain a state ID or Drivers license in this state?
    • Georgia Code § 40-5-21.1
    • Georgia does not issue state IDs or driver’s licenses to undocumented individuals. 
      • Applicants must provide proof of lawful presence in the U.S., such as a valid visa, green card, or Employment Authorization Document (EAD).
  • What privacy protections are in place for Digital Id’s in this state?
    • Georgia Department of Driver Services (DDS)
    • Georgia has implemented privacy protections for digital IDs to ensure the security of personal information. These protections include:
      • Digital IDs in Georgia use Apple’s encryption & security features.
      • Limited data is shared, only what is needed for verification.
      • Georgia law does NOT specify warrant requirements for law enforcement access.
  • Can Digital IDs be legally used for law enforcement verification?
    • Georgia Department of Driver Services (DDS)
    • Currently, law enforcement agencies in Georgia do not accept digital IDs for verification purposes. Drivers are required to carry and present their physical driver’s license during traffic stops or when requested by law enforcement officers.
      • Digital IDs are NOT valid for:
        • Traffic stops.
        • Police verification.
        • Government services.
    • You MUST carry a physical driver’s license in Georgia.

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)
    • O.C.G.A. § 3-3-23
    • National Minimum Drinking Age Act of 1984
    • Federal Law:
      • Under the National Minimum Drinking Age Act of 1984, states must set the minimum legal drinking age to 21 years old to avoid losing federal highway funding.
      • This indirectly influences access to alcohol venues.
    • Georgia State Law:
      • Individuals must be 21 years old to enter bars or venues where the primary business is the sale of alcohol for on-premises consumption.
      • Some establishments, such as restaurants or venues that serve food along with alcohol, may allow individuals under 21 to enter, provided they do not purchase or consume alcohol.
  • Age permitted to consume Alcohol
  • Age permitted to serve Alcohol
    • O.C.G.A. § 3-3-24
    • The minimum age to serve alcohol in Georgia depends on the type of establishment:
      • Restaurants: Individuals must be at least 18 years old to serve alcohol.
      • Bars or Taverns: Individuals must be at least 21 years old to serve alcohol in establishments where alcohol sales are the primary business.
  • Age permitted to purchase Alcohol
    • O.C.G.A. § 3-3-23
    • Individuals must be 21 years old to legally purchase alcohol in Georgia.
  • What is the consumable limit (if any)
    • O.C.G.A. § 16-11-41
    • There is no specific legal limit on the amount of alcohol an individual can consume in Georgia.
    • Public intoxication and driving under the influence (DUI) laws impose practical restrictions.
    • Public intoxication is prohibited under O.C.G.A. § 16-11-41.
  • What is the purchase limit (if any)
  • What is the legal BAC (Blood Alcohol Content) limit in this state?
    • O.C.G.A. § 40-6-391
    • The legal Blood Alcohol Content (BAC) limits in Georgia are as follows:
      • Drivers aged 21 and older: 0.08% BAC.
      • Commercial drivers: 0.04% BAC.
      • Drivers under 21 years old: 0.02% BAC (zero-tolerance policy).
  • Are there any exceptions for minors consuming alcohol?
    • O.C.G.A. § 3-3-23(b)
    • Minors (under 21 years old) are generally prohibited from consuming alcohol. There are limited exceptions:
      • Religious Ceremonies: Minors may consume alcohol as part of a religious ceremony (e.g., communion).
      • Parental Supervision: Minors may consume alcohol in a private residence under the direct supervision of their parent or legal guardian.
  • What are the penalties for providing alcohol to minors at a private residence?
    • O.C.G.A. § 3-3-23(a)
    • It is illegal to furnish alcohol to anyone under 21 years old, even at a private residence, unless it falls under a recognized exception (e.g., parental supervision).
    • Penalties for providing alcohol to minors include:
      • Misdemeanor Charges: Punishable by up to 12 months in jail and/or a fine of up to $1,000.
      • Civil Liability: Adults who provide alcohol to minors may be held civilly liable for any harm caused by the minor while intoxicated (e.g., injuries from a DUI accident).

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)
    • FDA Tobacco 
    • O.C.G.A. § 16-12-170
    • Federal Law:
      • Under the federal Tobacco 21 Law (effective December 20, 2019), individuals must be 21 years old to purchase tobacco products, including cigarettes, cigars, and e-cigarettes.
      • This law indirectly affects access to tobacco retailers and venues.
    • Georgia State Law:
      • Georgia aligns with federal law, requiring individuals to be 21 years old to enter establishments where the primary business is the sale of tobacco or vaping products, such as cigar shops, smoke shops, or smoking lounges.
      • Some establishments may allow individuals under 21 to enter if tobacco sales are not the primary business (convenience stores).
  • Age permitted to use Tobacco
    • O.C.G.A. § 16-12-171
    • The minimum legal age to use tobacco products in Georgia is 21 years old, consistent with federal law.
  • Age permitted to sell Tobacco
    • O.C.G.A. § 16-12-171
    • Individuals must be at least 18 years old to sell tobacco products in Georgia.
    • Retailers are required to verify the age of purchasers to ensure compliance with the Tobacco 21 Law.
  • Age permitted to purchase Tobacco
    • FDA Tobacco 
    • O.C.G.A. § 16-12-171
    • Federal and Georgia State Law:
      • Individuals must be 21 years old to purchase any tobacco products, including cigarettes, cigars, smokeless tobacco, and vaping products.
  • What is the consumable limit (if any)
    • O.C.G.A. § 31-12A-1
    • There is no specific legal limit on the amount of tobacco an individual can consume.
    • Tobacco use is restricted in certain public places under Georgia’s Smoke-Free Air Act (O.C.G.A. § 31-12A-1), which prohibits smoking in enclosed public spaces and workplaces.
  • What is the purchase limit (if any)
  • Are vaping products regulated differently from traditional tobacco in this state?
    • O.C.G.A. § 16-12-171
    • O.C.G.A. § 31-12A-1
    • Vaping products (e-cigarettes, vape pens, etc.) are regulated similarly to traditional tobacco products under Georgia law.
    • Key regulations include:
      • Minimum age of 21 years old to purchase or use vaping products.
      • Retailers must verify the age of purchasers and comply with advertising restrictions.
      • Vaping is prohibited in areas where smoking is banned under the Smoke-Free Air Act (enclosed public spaces, workplaces).
  • Are flavored vapes or disposable e-cigarettes banned?
    • FDA
    • O.C.G.A. § 16-12-171
    • Federal Law (FDA):
      • Federal law prohibits the sale of closed-system devices (pods, cartridges) containing e-liquid in flavors other than tobacco or menthol. This applies to products like JUUL pods.
      • This restriction does not apply to open-system devices (refillable tanks) or disposable e-cigarettes, which can still be sold in various flavors unless state law prohibits them.
    • Georgia State Law:
      • Georgia has not enacted any additional bans on flavored vaping products or disposable e-cigarettes beyond federal regulations.
      •  As a result, flavored vapes and disposable e-cigarettes remain legal in the state, provided they comply with federal laws.

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)
    • O.C.G.A. § 16-12-191
    • Controlled Substances Act
    • Federal Law:
      • Cannabis remains illegal under federal law as a Schedule I controlled substance under the Controlled Substances Act (CSA).
      • There are no federally recognized cannabis retailers or dispensaries.
    • Georgia State Law:
      • Georgia has not legalized recreational cannabis, so there are no cannabis dispensaries or smoke shops for recreational use in the state.
      • For medical cannabis, Georgia allows licensed dispensaries to sell low-THC oil (with a THC concentration of no more than 5%) to registered patients.
      • Access to these dispensaries is restricted to individuals 21 years or older, unless the individual is a registered minor patient with a caregiver.
  • Age permitted to use Cannabis
    • O.C.G.A. § 16-12-191
    •  Georgia Low THC Oil Registry Program
    • Recreational use of cannabis is illegal in Georgia, regardless of age.
    • For medical cannabis (low-THC oil), registered patients must be 18 years or older to use cannabis independently.
      • Minors may use medical cannabis if prescribed and administered by a registered caregiver (typically a parent or legal guardian).
  • Age permitted to sell Cannabis
    • O.C.G.A. § 16-12-191
    • Georgia does not allow the sale of recreational cannabis.
    • For medical cannabis (low-THC oil), individuals must be at least 21 years old to work in or sell products at a licensed medical cannabis dispensary.
  • Age permitted to purchase Cannabis
    • O.C.G.A. § 16-12-191
    • Recreational cannabis is illegal in Georgia, so there is no legal age to purchase it.
    • For medical cannabis (low-THC oil), individuals must be at least 18 years old to purchase it for themselves.
      • Minors may obtain medical cannabis through a registered caregiver.
  • What is the consumable limit (if any)
    • O.C.G.A. § 16-12-191
    • Georgia allows registered patients to possess up to 20 fluid ounces of low-THC oil (with no more than 5% THC).
    • Possession of any other form of cannabis (e.g., flower, edibles, concentrates) is illegal and punishable under Georgia’s drug laws.
  • What is the purchase limit (if any)
    • O.C.G.A. § 16-12-191
    • Registered medical cannabis patients may purchase up to 20 fluid ounces of low-THC oil from licensed dispensaries.
    • Recreational cannabis purchases are not allowed, as it is illegal in Georgia.
  • Can minors obtain medical cannabis with a prescription?
    • O.C.G.A. § 16-12-191
    •  Georgia Low THC Oil Registry Program
    • Yes, minors can obtain medical cannabis (low-THC oil) under the following conditions:
      • The minor must be registered with Georgia’s Low THC Oil Registry.
      • The minor must have a qualifying medical condition (e.g., epilepsy, cancer, severe autism).
      • A parent or legal guardian must act as the registered caregiver and obtain the low-THC oil on behalf of the minor.
      • The caregiver must also be registered with the Low THC Oil Registry and comply with all state regulations.

Adult Media

  • Age permitted to access Adult Content ONLINE
    • Georgia SB 351
      • Before allowing access to a public website that contains a substantial portion of material that is harmful to minors, a commercial entity shall use a reasonable age verification method,
  • Age permitted to access Adult Retailers and Venues (Sex shops, Strip Clubs, burlesque)
  • Are websites required to verify age for accessing adult content?
      • Georgia SB 351
        • (1) The submission of a digitized identification card, including a digital copy of a driver’s license;
        • (2) The submission of government-issued identification; or
        • (3) Any commercially reasonable age verification method that meets or exceeds an Identity Assurance Level 2 standard, as defined by the National Institute of Standards and Technology.
  • What penalties exist for providing minors access to adult material online?
    • Georgia SB 351
      • (3) A commercial entity that violates this Code section shall be subject to a fine of up to $10,000.00 for each violation, the amount of which shall be determined by the superior court in the county in which any affected minor resides.
  • What is the minimum age to work in the adult entertainment industry?
  • Are there restrictions on employment terms for adult content creators?
    • Title 18 U.S.C. § 2257
    • Trafficking Victims Protection Act (22 U.S.C. § 7101)
    • O.C.G.A. § 16-12-100
    • Federal Law:
      • Federal law imposes regulations on employment terms for adult content creators to prevent exploitation and maintain compliance with child protection laws:
        • Record-Keeping Requirements (Title 18 U.S.C. § 2257): Employers must maintain detailed records verifying the age and identity of performers.
        • Consent Requirements: Performers must provide explicit, informed consent for their participation in adult content.
        • Prohibition Against Coercion: Any form of coercion, trafficking, or forced participation violates federal laws, including the Trafficking Victims Protection Act (TVPA).
    • Georgia State Law:
      • Georgia enforces federal standards and prohibits the production of obscene material involving minors under O.C.G.A. § 16-12-100.
      • Georgia law prohibits coercion or exploitation in the adult entertainment industry.

Voting

  • Age permitted to register to vote in the state
  • Age permitted to vote in the state
    • O.C.G.A. § 21-2-216
    • Twenty Sixth Amendment – US Constitution
    • Georgia State Law:
      • Individuals must be 18 years old on or before Election Day to vote in any election in Georgia.
    • Federal Law:
      • The 26th Amendment to the U.S. Constitution prohibits states from denying the right to vote to citizens who are 18 years or older based on age.
  • What Identification requirements are needed to vote on a regular ballot
    • O.C.G.A. § 21-2-417
    • Georgia has voter ID requirements. To vote on a regular ballot, voters must present one of the following forms of photo identification:
      • A Georgia driver’s license, even if expired.
      • A valid state-issued ID card.
      • A valid U.S. passport.
      • A valid U.S. military ID.
      • A valid tribal ID card.
      • A valid employee ID card issued by a federal, state, or local government.
    • If a voter does not have one of these forms of ID, they can obtain a free voter ID card from their county registrar’s office or the Georgia Department of Driver Services.
  • What Identification requirements are needed to vote on a Provisional ballot
    • O.C.G.A. § 21-2-417
    • Georgia Secretary of State’s Office
    • If a voter does not have acceptable ID at the time of voting, they may cast a provisional ballot.
    • To have the provisional ballot counted, the voter must provide acceptable photo identification to their county election office within three days after the election.
  • Voter Restrictions/ Requirements in place federally and within the state.
    • O.C.G.A. § 21-2-216
    • O.C.G.A. § 21-2-417
    • Georgia Election Integrity Act of 2021
    • Federal Restrictions/Requirements:
      • Voting Rights Act of 1965: Prohibits discrimination in voting based on race, color, or membership in a language minority group.
      • National Voter Registration Act of 1993: Requires states to offer voter registration opportunities at DMV offices and public assistance agencies.
      • Help America Vote Act of 2002: Sets minimum standards for voting systems, provisional ballots, and voter ID requirements for first-time voters who registered by mail.
      • 26th Amendment: Guarantees the right to vote for citizens 18 years or older.
    • Georgia-Specific Restrictions/Requirements:
      • Voter ID Requirements: Georgia enforces strict photo ID requirements for in-person voting.
      • Felony Disenfranchisement: Individuals convicted of a felony involving moral turpitude lose their right to vote while serving their sentence, including probation or parole.
          • Voting rights are restored upon completion of the sentence.
      • Absentee Ballots: Voters must provide a driver’s license number or other acceptable ID when requesting and submitting an absentee ballot.
      • Polling Place Restrictions: Georgia law prohibits giving food or drinks to voters within 150 feet of a polling place, a rule enacted under Georgia’s Election Integrity Act of 2021.

Legal

  • Laws on Presenting Identification to Law Enforcement
    • Under what circumstances is a person required to show ID to police?
      • O.C.G.A. § 16-11-36(b)
      • Federal Law Terry v. Ohio, 392 US :
        • Under Terry v. Ohio, police may stop and briefly detain a person if they have reasonable suspicion that the person is involved in criminal activity.
        • During this stop, officers can ask for identification.
        • The Supreme Court has not ruled that individuals are always required to provide ID during a Terry stop unless state law explicitly mandates it.
      • Georgia State Law:
        • Georgia has a “Stop and Identify” law under, which requires individuals to provide their name or identification if law enforcement has reasonable suspicion that the person is involved in a crime, such as loitering or prowling.
    • Can you be detained or arrested for refusing to show ID?
      • O.C.G.A. § 16-11-36(b)
      • Yes. If an officer has reasonable suspicion of criminal activity and requests identification, refusal to provide your name or ID can lead to detention or arrest under Georgia’s loitering or prowling statute.
      • If no reasonable suspicion exists, refusing to show ID cannot be grounds for arrest.
  • “Stop and Identify” Laws in this state
    • What is this state’s specific laws regarding police stops and ID requirements?
      • O.C.G.A. § 16-11-36(b)
      • Georgia is a “Stop and Identify” state. Under O.C.G.A. § 16-11-36(b), individuals must provide their name or ID if an officer has reasonable suspicion of criminal activity.
      • Failure to comply may result in arrest for loitering or prowling.
    • Do you have the right to remain silent or refuse to provide ID in certain situations?
      • Fifth Amendment – US Constitution
      • O.C.G.A. § 16-11-36
      • Right to Remain Silent:
        • Under the Fifth Amendment to the U.S. Constitution, individuals have the right to remain silent to avoid self-incrimination.
        • This does not excuse compliance with Georgia’s “Stop and Identify” law when reasonable suspicion is present.
      • Refusing to Provide ID:
        • In Georgia, you cannot refuse to provide your name or ID if there is reasonable suspicion of a crime.
        • If no reasonable suspicion exists, you have the right to refuse.
  • Public Place ID Requirements
    • Are there any public areas where a person must carry ID?
      • O.C.G.A. § 16-11-36
      • There is no general law requiring individuals to carry ID in public places unless they are engaged in activities where identification is legally required ( driving, purchasing alcohol).
      • Under Georgia’s “Stop and Identify” law, individuals must provide their name or ID if there is reasonable suspicion of criminal activity.
    • Are there curfew or loitering laws requiring ID verification?
      • O.C.G.A. § 16-11-36
      •  Local ordinances (Atlanta Curfew Laws)
      • Curfew Laws for Minors:
        • Many Georgia cities and counties have curfew laws for minors.
          • For example, in Atlanta, minors under 17 years old are prohibited from being in public places between 11:00 PM and 6:00 AM on weekdays and 12:00 AM to 6:00 AM on weekends.
        • Law enforcement may ask minors for ID to verify their age if they are suspected of violating curfew laws.
      • Loitering Laws:
        • Individuals suspected of loitering or prowling must provide identification if requested by law enforcement.
  • Traffic Stops and ID Requirements
    • Are you required to provide an ID when pulled over by law enforcement?
      • O.C.G.A. § 40-5-29
      • Drivers in Georgia are required to present a valid driver’s license during a traffic stop. Failure to do so can result in a citation or arrest.
    • What are the consequences of refusing to show ID during a traffic stop?
      • Refusing to provide a driver’s license during a traffic stop is a misdemeanor offense and may lead to arrest or additional charges.
  • Passenger ID Requirements in Vehicles
    • O.C.G.A. § 16-11-36
    • Case law (Hiibel v. Sixth Judicial District Court of Nevada,542 U.S. 177 (2004)
    • Do passengers need to show ID if a vehicle is stopped by law enforcement?
      • Passengers are not generally required to provide ID during a traffic stop unless the officer has reasonable suspicion that the passenger is involved in a crime or violation.
    • Can passengers legally refuse to provide ID?
      • Yes, passengers can legally refuse to provide ID unless the officer has reasonable suspicion or probable cause to believe the passenger is involved in criminal activity.
  • Curfew Laws for Minors
    •  Local ordinances (Atlanta Curfew Laws)
    • Are minors required to carry ID to prove their age if stopped past curfew?
      • While minors are not explicitly required to carry ID, law enforcement may ask for ID to verify age if a minor is suspected of violating curfew laws.
    • What are the penalties for violating curfew laws?
      • In many Georgia cities, minors may face warnings, fines, or mandatory attendance in juvenile programs. 
      • Parents may also face penalties for allowing minors to violate curfew.
  • Trespassing and ID Requirements
    • O.C.G.A. § 16-11-36
    • Can police demand ID if someone is suspected of trespassing?
      • Yes. If an individual is suspected of trespassing, police can demand identification under Georgia’s “Stop and Identify” law.
    • What are the consequences of refusing to provide identification in such situations?
      • Refusing to provide ID when suspected of trespassing can result in arrest for trespassing or loitering.