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Kansas
Kansas

Identification

  • Acceptable Identification
    • Kansas Statutes § 25-2908(h) (Voter ID Requirements)
    • Kansas Department of Revenue, Driver’s Licensing Division
    • Kansas Department of Revenue, Driver’s License Info
    • Kansas recognizes the following forms of acceptable identification for various purposes (voting, driving, law enforcement verification):
      • Kansas Driver’s License
      • Kansas Non-Driver Identification Card
      • U.S. Passport or Passport Card
      • U.S. Military ID (Active Duty, Retired, or Dependent)
      • Tribal ID Card
      • Student ID Card (from an accredited post-secondary institution in Kansas, for specific purposes)
      • Kansas Concealed Carry Handgun License
      • Public Assistance Identification Cards (issued by a government agency, for specific purposes)
    • For voting purposes, under Kansas Statutes § 25-2908(h), acceptable photo IDs include:
      • Kansas Driver’s License or Non-Driver ID
      • U.S. Passport
      • U.S. Military ID
      • Tribal ID Card
      • Kansas Concealed Carry License
  • Acceptable Digital Identification
  • What requirements are needed to acquire acceptable ID’ and Acceptable Digital ID’s
    • Kansas Statutes § 8-240 (Requirements for Driver’s Licenses and State IDs)
    • Kansas Department of Revenue, Driver’s Licensing Division
    • To obtain a Kansas driver’s license or non-driver’s ID, applicants must provide the following:
      • Proof of Identity:
        • U.S. Birth Certificate
        • U.S. Passport
        • Certificate of Naturalization
        • Permanent Resident Card (for non-citizens)
      • Proof of Residency:
        • Utility bill, lease agreement, or bank statement showing a Kansas address.
      • Proof of Social Security Number:
        • Social Security card
        • W-2
        • 1099 form
        • pay stub with full SSN.
      • Application Fee: Fees vary depending on the type of ID.
      • Digital ID Requirements:
        • Digital IDs are derived from physical IDs. Kansas does not require a separate application for digital IDs. Instead, individuals can store a digital copy of their driver’s license or state ID on their smartphone via a secure app or digital wallet (Apple Wallet).
  • What types of identification are accepted for non-citizen or foreign nationals in this state?
    • Kansas Statutes § 8-240 (Requirements for Non-Citizen IDs)
    • Kansas Department of Revenue, Driver’s Licensing Division
    • Kansas allows non-citizens and foreign nationals to obtain certain forms of identification, provided they meet the following requirements:
      • Driver’s License or State ID: Non-citizens can apply for a Kansas Driver’s License or Non-Driver ID by providing proof of lawful presence, such as:
        • Permanent Resident Card (Green Card).
        • Employment Authorization Document (EAD).
        • Valid visa documentation.
      • International Driver’s Permit (IDP): Foreign nationals visiting Kansas may use an International Driver’s Permit along with their valid foreign driver’s license for driving purposes.
  • Can undocumented individuals obtain a state ID or Drivers license in this state?
  • What privacy protections are in place for Digital Id’s in this state?
    • Driver’s Privacy Protection Act (18 U.S.C. § 2721)
    • Kansas Department of Revenue, Driver’s Licensing Division
    • Kansas does not yet have comprehensive state-specific privacy laws governing digital IDs. General privacy protections include:
      • Driver’s Privacy Protection Act (DPPA): This federal law restricts how personal information from driver’s license records is shared or sold.
      • Data Encryption Requirements: Digital ID platforms (Apple Wallet) must comply with encryption and security standards to prevent unauthorized access.
    • Kansas has no specific statute addressing the privacy of digital IDs, but any misuse of personal data could fall under general data protection and privacy laws.
  • Can Digital IDs be legally used 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)
    • Kansas Statutes § 41-727
    • In Kansas, you must be 21 years old to enter a bar unless you are an employee or the venue permits minors for non-alcohol-related purposes.
  • Age permitted to consume Alcohol
  • Age permitted to serve Alcohol
  • Age permitted to purchase Alcohol
  • What is the consumable limit (if any)
    • Kansas Statutes § 8-1567
    • There is no specific consumable limit for alcohol in Kansas, but individuals must comply with BAC restrictions.
  • What is the purchase limit (if any)
    • Kansas Department of Revenue
    • There is no specific legal purchase limit for alcohol in Kansas, but retailers may impose their own restrictions.
  • What is the legal BAC (Blood Alcohol Content) limit in this state?
    • Kansas Statutes § 8-1567
    • The legal BAC limits are as follows:
      • 0.08% for drivers aged 21 and older.
      • 0.04% for commercial drivers.
      • 0.02% for drivers under 21 (zero-tolerance policy).
  • Are there any exceptions for minors consuming alcohol (e.g., religious ceremonies, parental supervision)?
    • Kansas Statutes § 41-727
    • Yes. Kansas law allows limited exceptions for minors consuming alcohol in specific circumstances:
      • Religious Ceremonies: Minors may consume alcohol as part of a religious ceremony  (communion).
      • Parental Supervision: Kansas law does not explicitly allow minors to consume alcohol under parental supervision in private settings.
        • Some private religious or ceremonial exemptions may apply.
  • What are the penalties for providing alcohol to minors at a private residence?
    • Kansas Statutes § 21-5608
    • Kansas State Law:
      • It is illegal to provide alcohol to minors, even at a private residence. Violations may result in:
        • Class B Misdemeanor: Punishable by up to 6 months in jail and/or a fine of up to $1,000.
        • Civil Liability: If a minor is injured or causes injury to others after consuming alcohol provided by an adult, the adult may face civil liability.

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
  • Age permitted to sell Tobacco
  • Age permitted to purchase Tobacco
  • 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?
    • Kansas Legislature – K.S.A. § 79-3399 
    • Vaping products are regulated similarly to traditional tobacco in terms of age restrictions and public use but are subject to separate taxation.
      • Taxation:
        • Vaping products are subject to a separate excise tax under Kansas law. As of 2023, Kansas imposes a $0.05 per milliliter tax on e-liquids used in vaping devices.
  • 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. 
    • In Kansas, flavored vapes and disposable e-cigarettes are not banned, but federal law restricts the sale of flavored pods and cartridges to only tobacco or menthol flavors.

Cannabis

Adult Media

  • Age permitted to access Adult Content ONLINE
    • Kansas SB394
      • Any commercial entity that knowingly shares or distributes material that is harmful to minors on a website and such material appears on 25% or more of the webpages viewed on such website in any calendar month, or that knowingly hosts such website shall verify that any person attempting to access such website, who is a resident of this state or who is located in this state at the time of such attempted access, is 18 years of age or older. It shall be a violation of this section to allow a person to access such website without verifying such person is 18 years of age or older.
  • Age permitted to access Adult Retailers and Venues (Sex shops, Strip Clubs, burlesque)
  • Are websites required to verify age for accessing adult content?
    • Kansas SB394
      • Such age verification shall be conducted through the use of:
        • (1) A commercially available database that is regularly used by businesses or governmental entities for the purpose of age and identity verification; or
        • (2) any other commercially reasonable method of age and identity verification.
  • What penalties exist for providing minors access to adult material online?
    • Kansas SB394
      • Any person who was able to access a website without verifying such person’s age in violation of this section may report such violation to the attorney general. Upon receipt of any such report, the attorney general shall investigate and may bring an action for injunctive relief to enjoin any continuing violation. In addition to any injunctive relief, such action may also seek to impose a civil penalty on the commercial entity of not less than $500 and not more than $10,000 for each such violation instead of the penalty provided for in K.S.A. 50- 636(a), and amendments thereto. Each instance in which a website is accessed in violation of this section shall constitute a separate violation.
  • What is the minimum age to work in the adult entertainment industry?
    • Kansas Legislature – K.S.A. § 21-6401
    • Kansas Legislature – K.S.A. § 41-2614
      • Kansas does not have specific statutes addressing the minimum age to work in the adult entertainment industry. However:
        • Individuals must be at least 18 years old to legally perform in adult entertainment venues (e.g., strip clubs), as these venues are restricted to adults under state obscenity laws.
        • If the venue serves alcohol, performers may need to be 21 years old, as required by Kansas liquor laws.
  • Are there restrictions on employment terms for adult content creators?
    • Kansas Legislature – K.S.A. § 21-6401
    • Fair Labor Standards Act (29 U.S.C. § 201)
    • Kansas does not have specific laws governing employment terms for adult content creators. However:
      • Federal labor laws, such as the Fair Labor Standards Act (FLSA), apply, ensuring basic protections such as minimum wage and workplace safety.
      • Content creators must comply with federal obscenity laws and Kansas obscenity statutes, which prohibit the production or distribution of obscene material.

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
    • Kansas Statutes § 25-2908
    • Voters must present a valid form of photo identification to cast a regular ballot. Acceptable forms of photo ID include:
      • A driver’s license or nondriver’s identification card issued by Kansas or another state.
      • A U.S. passport.
      • A U.S. military ID.
      • A government employee ID badge.
      • A student ID from a Kansas college or university.
      • A concealed carry handgun license issued by Kansas or another state.
      • A public assistance ID card issued by a government agency.
      • The ID must be current and valid, except for voters aged 65 or older, who may use expired IDs.
  • What Identification requirements are needed to vote on a Provisional ballot
    • Kansas Statutes § 25-2908
    • To vote on a provisional ballot in Kansas, no ID is required at the time of voting, but the voter must provide valid photo ID to the election office before the canvassing deadline for the ballot to be counted.
  • Voter Restrictions/ Requirements in place federally and within the state.
    • Voting Rights Act of 1965
    • National Voter Registration Act of 1993
    • Kansas Statutes § 25-2908
    • Kansas Statutes § 21-6613
    • Federal Requirements:
      • U.S. Constitution:
        • 26th Amendment: Sets the minimum voting age at 18 years old.
    • Kansas State Requirements and Restrictions:
      • Voter ID Law: Kansas requires voters to present a valid photo ID to vote 
      • Proof of Citizenship for Registration: Kansas previously required proof of U.S. citizenship to register to vote under the SAFE Act (Secure and Fair Elections Act). However, this requirement was struck down in 2018 by a federal court in Fish v. Kobach, as it violated the NVRA. Proof of citizenship is no longer required to register to vote in Kansas.
      • Felony Disenfranchisement:
        • Individuals convicted of a felony lose their voting rights while incarcerated, on parole, or on probation.
          • Voting rights are automatically restored upon completion of their sentence, but they must re-register to vote.

Legal

  • Laws on Presenting Identification to Law Enforcement
    • Under what circumstances is a person required to show ID to police?
      • Terry v. Ohio, 392 US
        • When an officer has reasonable suspicion that the person is involved in a crime
      • Kansas Statutes § 21-5904
      • In Kansas, you are not legally required to show ID to police unless you are driving a vehicle or the officer has probable cause to arrest you. Refusing to identify yourself during a lawful stop may prolong the detention.
    • Can you be detained or arrested for refusing to show ID?
      • Kansas Statutes § 21-5904
      • You cannot be arrested solely for refusing to show ID unless you are required to do so under specific circumstances (during a traffic stop or if you are lawfully detained and the officer has probable cause to believe a crime has been committed).
      • If you refuse to provide ID during a lawful stop where the officer has probable cause or during a lawful arrest, you may face additional charges such as obstruction of justice.
  • “Stop and Identify” Laws in this state
    • Kansas Statutes § 8-244
    • What is this state’s specific laws regarding police stops and ID requirements?
      • Kansas is not a “Stop and Identify” state. You are not legally required to provide ID during a stop unless you are driving or being arrested.
    • Do you have the right to remain silent or refuse to provide ID in certain situations?
      • You have the right to remain silent and refuse to provide ID in many situations, unless you are driving a vehicle, under arrest, or in a situation where the officer has probable cause to believe a crime has occurred.
      • Refusing to provide ID when lawfully required may result in legal consequences.
  • Public Place ID Requirements
    • Kansas Statutes § 8-244
    • Are there any public areas where a person must carry ID?
      • You are not required to carry ID in public places in Kansas unless you are engaged in activities that legally require identification (driving) or if law enforcement has reasonable suspicion of criminal activity.
    • Are there curfew or loitering laws requiring ID verification?
      • Wichita City Ordinance 5.26.030
      • Minors may be required to provide ID to verify their age if stopped for curfew violations under local ordinances.
        • Example: In Wichita, minors under 18 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.
  • Traffic Stops and ID Requirements
    • Kansas Statutes § 8-244
    • Kansas Statutes § 21-5904
    • Are you required to provide an ID when pulled over by law enforcement?
      • Drivers are required to present a valid driver’s license, vehicle registration, and proof of insurance when stopped by law enforcement.
    • 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 violation of Kansas law and may result in:
        • Fines.
        • Arrest for failure to comply.
        • Additional charges such as obstruction of law enforcement
  • Passenger ID Requirements in Vehicles
    • Kansas Statutes § 21-5904
    • Do passengers need to show ID if a vehicle is stopped by law enforcement?
      • Passengers in a vehicle are not required to show ID during a traffic stop unless:
        • They are being detained or arrested.
        • The officer has reasonable suspicion or probable cause that the passenger is involved in criminal activity.
    • Can passengers legally refuse to provide ID?
      • Passengers are generally not required to show ID during a traffic stop unless there is reasonable suspicion of criminal activity.
  • Curfew Laws for Minors
    • Are minors required to carry ID to prove their age if stopped past curfew?
      • Minors are not explicitly required to carry ID under Kansas law, but law enforcement may request ID to verify age if a minor is suspected of violating curfew laws. 
    • What are the penalties for violating curfew laws?
      • Minors are not explicitly required to carry ID under Kansas law, but law enforcement may request ID to verify age if a minor is suspected of violating curfew laws. 
  • Trespassing and ID Requirements
    • Kansas Statutes § 21-5808
    • Kansas Statutes § 21-5904
    • Can police demand ID if someone is suspected of trespassing?
      • Minors are not explicitly required to carry ID under Kansas law, but law enforcement may request ID to verify age if a minor is suspected of violating curfew laws.
    • What are the consequences of refusing to provide identification in such situations?
      • Violations of curfew laws may result in:
        • Warnings for first offenses.
        • Fines or community service for repeat offenses.
        • Parents may also face fines or penalties for allowing minors to violate curfew.