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Idaho
Idaho

Identification

  • Acceptable Identification
    • Idaho Code § 34-1113 (Voter ID Requirements)
    • Idaho Transportation Department (ITD) Guidelines
    • State-Issued IDs:
      • Idaho recognizes the following as acceptable forms of identification:
      • Idaho Driver’s License or State Identification Card.
      • U.S. Passport or Passport Card.
      • Military Identification Card (active duty, reserve, or retired).
      • Tribal Identification Card issued by a federally recognized tribe.
      • Permanent Resident Card (Green Card).
    • For Voting Purposes: The following IDs are specifically accepted at polling places:
      • Idaho Driver’s License or State ID.
      • U.S. Passport.
      • Tribal ID.
      • Concealed Weapons Permit issued by Idaho.
  • Acceptable Digital Identification
  • What requirements are needed to acquire acceptable ID’ and Acceptable Digital ID’s
    • Idaho Code § 49-306
    • Idaho Transportation Department (ITD) DMV
    • Idaho Transportation Department (ITD) Driver’s License Requirements
    • To Obtain a State ID or Driver’s License in Idaho: Applicants must provide the following:
      • Proof of Identity: Birth certificate, U.S. passport, or other government-issued ID.
      • Proof of Social Security Number: Social Security card, W-2, or pay stub.
      • Proof of Residency: Utility bill, lease agreement, or bank statement showing an Idaho address.
      • Proof of Lawful Presence: Permanent Resident Card, Employment Authorization Document (EAD), or other documents for non-citizens.
      • For Minors:
        • Parent or guardian consent is required, along with proof of Idaho residency for the parent/guardian.
  • What types of identification are accepted for non-citizen or foreign nationals in this state?
    • Idaho Code § 49-306
    • Idaho Transportation Department (ITD) DMV
    • Idaho Transportation Department (ITD) Guidelines
    • Accepted IDs for Non-Citizens: Non-citizens can use the following forms of identification in Idaho:
      • Permanent Resident Card (Green Card).
      • Employment Authorization Document (EAD).
      • Foreign Passport with a valid visa and I-94 form.
      • Consular Identification Cards (for specific services, but not for driving or voting).
    • Driver’s Licenses for Non-Citizens:
      • Non-citizens legally residing in the U.S. can apply for an Idaho driver’s license by providing proof of lawful presence, such as a Green Card or visa.
  • Can undocumented individuals obtain a state ID or Drivers license in this state?
    • Idaho Code § 49-306
    • Idaho Transportation Department (ITD) DMV
    • Idaho Transportation Department (ITD) Guidelines
    • State Policy:
      • Idaho does not allow undocumented individuals to obtain a state ID or driver’s license.
      • Applicants must provide proof of lawful presence in the U.S., such as a Green Card, visa, or Employment Authorization Document.
    • Alternative Options:
      • Undocumented individuals may use Consular Identification Cards issued by their home country for limited purposes, such as banking or identification within immigrant communities, but these are not accepted for driving or official state purposes
  • What privacy protections are in place for Digital Id’s in this state?
    • N/A
  • Can Digital IDs be legally used for law enforcement verification?
    • N/A
  • Why Digital Identification is so Important!
    • Answer

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
    • Idaho Code § 23-943
    • 21 years old, with limited exceptions (religious ceremonies or private settings)
  • Age permitted to serve Alcohol
  • Age permitted to purchase Alcohol
  • What is the consumable limit (if any)
  • What is the purchase limit (if any)
  • What is the legal BAC (Blood Alcohol Content) limit in this state?
    • Idaho Code § 18-8004
    • The legal BAC limits in Idaho are as follows:
      • Drivers 21 and Older: The legal BAC limit is 0.08%.
      • Commercial Drivers: The legal BAC limit is 0.04%.
      • Drivers Under 21: The legal BAC limit is 0.02% (zero-tolerance policy).
  • Are there any exceptions for minors consuming alcohol (e.g., religious ceremonies, parental supervision)?
    • Idaho Code § 23-949
    • First Amendment – U.S. Constitution
    • Minors (individuals under 21) may consume alcohol in limited circumstances, such as:
      • Religious Ceremonies:
        • Minors may consume alcohol as part of a religious ceremony or practice (e.g., communion).
        • This is protected under the First Amendment and Idaho law.
      • Parental Supervision:
        • Idaho law does not explicitly allow minors to consume alcohol under parental supervision in private settings, unlike some other states.
        • Enforcement in private residences is generally limited unless the minor is endangering themselves or others.
      • No Exceptions for Public Consumption:
        • Minors cannot consume alcohol in public places or establishments, even with parental consent.
  • What are the penalties for providing alcohol to minors at a private residence?
    • Answer

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 
    • Idaho Code § 39-5703
    • Federal and state law prohibits the sale of tobacco products, including cigarettes, cigars, and e-cigarettes, to anyone under 21 years old.
    • This federal and state law also prohibits individuals under 21 from entering certain tobacco retail establishments like cigar shops, smoke shops, or smoking lounges unless accompanied by a parent or guardian.
  • Age permitted to use Tobacco
    • Idaho Code § 39-5703
    • Federal and state law prohibits possession or use of tobacco products by individuals under 21 years old.
  • Age permitted to sell Tobacco
  • Age permitted to purchase Tobacco
    • FDA Tobacco 
    • Idaho Code § 39-5703
    • The legal age to purchase tobacco products in Idaho is 21 years old, as mandated by federal law.
    • Retailers are required to verify the age of purchasers through government-issued identification.
  • What is the consumable limit (if any)
  • What is the purchase limit (if any)
  • Are vaping products regulated differently from traditional tobacco in this state?
  • Are flavored vapes or disposable e-cigarettes banned?
    • FDA
    • Idaho Code § 39-5703
    • Federal law prohibits the sale of closed-system devices (pods, cartridges) containing e-liquid in flavors other than tobacco or menthol. 
    • Flavored pods/cartridges (except tobacco/menthol) are banned under FDA rules; no state-level ban on disposables.
    • Idaho does not have additional state-level bans on flavored vaping products or disposable e-cigarettes beyond federal regulations.
    • Retailers must comply with federal law, and local jurisdictions within Idaho may impose additional restrictions.

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)
    • Idaho Code § 37-2732
    • Controlled Substances Act
    • No legal age; cannabis retailers are prohibited in Idaho.
    • Cannabis is illegal in Idaho for both recreational and medical purposes.
    • There are no cannabis dispensaries or retailers legally operating in the state.
      • Smoke shops in Idaho may sell tobacco or vaping products but cannot sell cannabis or cannabis-derived products (except federally legal hemp-derived CBD products with less than 0.3% THC).
  • Age permitted to use Cannabis
    • Idaho Code § 37-2732
    • No legal age; cannabis use is prohibited in Idaho.
    • Penalties for Possession:
      • Possession of less than 3 ounces: Misdemeanor, punishable by up to 1 year in jail and/or a fine of up to $1,000.
      • Possession of 3 ounces or more: Felony, punishable by up to 5 years in prison and/or a fine of up to $10,000.
  • Age permitted to sell Cannabis
    • Idaho Code § 37-2732
    • No legal age; cannabis sale is prohibited in Idaho.
    • Penalties for Sale or Distribution:
      • Selling less than 1 pound: Felony, punishable by up to 5 years in prison and/or a fine of up to $15,000.
      • Selling 1 pound or more: Felony, punishable by up to 15 years in prison and/or a fine of up to $50,000.
  • Age permitted to purchase Cannabis
    • Idaho Code § 37-2732
    • No legal age; cannabis purchase is prohibited in Idaho.
    • Any attempt to purchase cannabis is considered possession and is subject to the penalties outlined under Idaho law.
  • What is the consumable limit (if any)
  • What is the purchase limit (if any)
  • Can minors obtain medical cannabis with a prescription?

Adult Media

  • Age permitted to access Adult Content ONLINE
    • Idaho H 498
        • 1)Any commercial entity that knowingly and intentionally publishes material that is harmful to minors on the internet from a website that contains a substantial portion of such material shall be liable if the entity fails to perform reasonable age verification to verify the age of individuals attempting to access the material or, after verifying the age of the individual, provides a minor access to the material.
  • Age permitted to access Adult Retailers and Venues (Sex shops, Strip Clubs, burlesque)
  • Are websites required to verify age for accessing adult content?
    • Idaho H 498
      • Any commercial entity or third party that takes steps to perform a reasonable age verification required pursuant to this chapter shall not retain any identifying information of the individual after age verification has been performed.
  • What penalties exist for providing minors access to adult material online?
  • 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
  • Age permitted to vote in the state
  • What Identification requirements are needed to vote on a regular ballot
  • 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?
      • Idaho Code § 49-316 
      • Terry v. Ohio, 392 US
        • When an officer has reasonable suspicion that the person is involved in a crime
      • A person is required to show ID in Idaho if they are driving or if they have been lawfully detained or arrested based on reasonable suspicion or probable cause.
    • Can you be detained or arrested for refusing to show ID?
  • “Stop and Identify” Laws in this state
    • What is this state’s specific laws regarding police stops and ID requirements?
      • Idaho Code § 19-620
      • Idaho is not a “Stop and Identify” state, and individuals are generally not required to provide ID unless specific legal obligations apply.
    • Do you have the right to remain silent or refuse to provide ID in certain situations?
      • Fifth Amendment – US Constitution
      • Idaho Code § 49-316
      • Federal and Idaho State Law:
        • Individuals have the right to remain silent under the Fifth Amendment to the U.S. Constitution.
        • In Idaho, individuals can refuse to provide ID unless they are:
          • Driving a vehicle.
          • Lawfully detained or arrested.
          • In violation of curfew laws (for minors).
  • Public Place ID Requirements
    • Idaho Code § 19-620
    • Boise City Child Safety
    • Are there any public areas where a person must carry ID?
      • There are no general laws requiring individuals to carry or present ID in public places in Idaho, except in specific circumstances such as driving or curfew enforcement.
    • Are there curfew or loitering laws requiring ID verification?
      • Some cities and municipalities in Idaho enforce curfew laws for minors.
        • For example: In Boise, minors under 18 years old are prohibited from being in public spaces during curfew hours (typically 11:00 PM to 5:00 AM) unless accompanied by a parent or guardian.
      • Law enforcement may request identification from minors to verify their age if they are suspected of violating curfew laws.
  • Traffic Stops and ID Requirements
    • Idaho Code § 49-316
    • Are you required to provide an ID when pulled over by law enforcement?
      • Idaho State Law:
        • Drivers are required to present a valid driver’s license or other government-issued identification when pulled over by law enforcement.
        • Failure to provide a driver’s license can result in a citation or arrest under Idaho’s motor vehicle laws.
    • What are the consequences of refusing to show ID during a traffic stop?
      • Idaho Code § 49-316
      • Idaho State Law:
        • Refusing to provide ID or a driver’s license during a traffic stop may result in:
          • A citation for failure to present a driver’s license.
          • Possible arrest if the officer cannot verify the driver’s identity or if other violations are involved.
  • Passenger ID Requirements in Vehicles
    • Idaho Code § 19-620
    • Do passengers need to show ID if a vehicle is stopped by law enforcement?
      • Idaho State Law:
        • Passengers in a vehicle are generally not required to show ID during a traffic stop unless:
          • The officer has reasonable suspicion that the passenger is involved in a crime.
          • The passenger is violating another law (open container laws).
    • Can passengers legally refuse to provide ID?
      • Passengers can legally refuse to provide ID unless they are lawfully detained or arrested based on reasonable suspicion or probable cause.
  • Curfew Laws for Minors
    • Boise City Child Safety
    • Are minors required to carry ID to prove their age if stopped past curfew?
      • Curfew laws are enforced at the local level in Idaho.
        • For example:In Boise, minors under 18 years old must not be in public spaces during curfew hours (typically 11:00 PM to 5:00 AM).
      • Law enforcement may request ID to verify a minor’s age if they are suspected of violating curfew laws.
    • What are the penalties for violating curfew laws?
      • Penalties for Violating Curfew Laws:
        • Minors may be taken into custody and released to their parents or guardians.
        • Parents or guardians may face fines or other penalties if they knowingly allow minors to violate curfew laws.
  • Trespassing and ID Requirements
    • Idaho Code § 18-7008 – Trespassing Laws
    • Can police demand ID if someone is suspected of trespassing?
      • If an individual is suspected of trespassing, law enforcement may demand identification to verify their identity and investigate the situation.
    • What are the consequences of refusing to provide identification in such situations?
      • Trespassing is a misdemeanor under Idaho law, and refusal to provide identification may result in arrest or further detention.
      • Refusal to provide ID when lawfully detained for trespassing may result in arrest or additional charges.