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Kentucky
Kentucky

Identification

  • Acceptable Identification
  • Acceptable Digital Identification
  • What requirements are needed to acquire acceptable ID’ and Acceptable Digital ID’s
    • Kentucky § 186.412
    • Kentucky DMV
      • 1. One (1) proof of identity document 
      • 2. One (1) proof of Social Security number (first-time & out-of-state applicants MUST bring their Social Security​ card as proof)​​
      • 3. One ​​(1) proof of the applicant’s Kentucky residency dated less than one year. Two are required if applying for a REAL ID.​
      • 4. For persons under 18, a School Compliance Verification Form issued by their school
        • Photocopies not accepted
    • Valid Proof Documents 
    • Kentucky § 186.418
      • Child ID – Application for a child identification card shall be accompanied by a Social Security card and a birth certificate for the child or other proof of the child’s date of birth as provided under KRS 186.412. The card shall not contain the child’s Social Security number.
  • What types of identification are accepted for non-citizen or foreign nationals in this state?
    • Kentucky § 186.4123
      • Applicants under the age of 18 that are applying for a first-time license will be required ​to bring their birth certificate along with a notarized, translated statement of the information listed on the birth certificate​​.​
      • “Permanent Residents” or “Resident Aliens” must present their current and updated Permanent Resident card or I-551 with photo issued by USCIS.
  • Can undocumented individuals obtain a state ID or Drivers license in this state?
    • No – must provide proof of legal status to be in the United States
  • What privacy protections are in place for Digital Id’s in this state?
    • Information not available as the program is not live yet
  • 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)
    • Kentucky § 244.085
      • A person under twenty-one (21) years of age shall not enter any premises licensed for the sale of alcoholic beverages for the purpose of purchasing or receiving any alcoholic beverages
  • Age permitted to consume Alcohol
    • Kentucky § 244.085
      • A person under twenty-one (21) years of age shall not possess for personal use or purchase or attempt to purchase or have another purchase for the person any alcoholic beverages. No person shall aid or assist any person under twenty-one (21) years of age in purchasing or being delivered or served any alcoholic beverages.
  • Age permitted to serve Alcohol
    • Kentucky § 244.090
      • A person holding any license shall not knowingly employ in connection with the licensed business any person who:
        • For the purposes of selling and serving alcoholic beverages, is under the age of twenty (20) years, unless the person employed is at least eighteen (18) years of age and under the supervision of a person twenty (20) years of age or older;
  • Age permitted to purchase Alcohol
    • Kentucky § 244.085
      • A person under twenty-one (21) years of age shall not possess for personal use or purchase or attempt to purchase or have another purchase for the person any alcoholic beverages. No person shall aid or assist any person under twenty-one (21) years of age in purchasing or being delivered or served any alcoholic beverages
  • 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?
    • Kentucky § 189A.010   
    • 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 BAC of 0.02% or higher is illegal
  • Are there any exceptions for minors consuming alcohol (e.g., religious ceremonies, parental supervision)?
    • None explicitly listed
  • What are the penalties for providing alcohol to minors at a private residence?
    • No State-imposed liability for hosting underage drinking parties.

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)
    • No specific statute about minors entering tobacco retailers, but must be 21 to purchase 
    • Kentucky § 438.310
  • Age permitted to use Tobacco
    • Kentucky § 438.350
      • (1) No person under the age of twenty-one (21) shall possess or use tobacco products, alternative nicotine products, or vapor products. 
      • (2) Any tobacco product, alternative nicotine product, or vapor product found in the possession of a person under the age of twenty-one (21) and in plain view of the law enforcement officer shall be confiscated by the law enforcement officer making the charge.
  • Age permitted to sell Tobacco
  • Age permitted to purchase Tobacco
    • Kentucky § 438.310
      • (1) No person shall sell or cause to be sold any tobacco product or alternative nicotine product at retail to any person under the age of twenty-one (21), or solicit any person under the age of twenty-one (21) to purchase any tobacco product or alternative nicotine product at retail. 
      • (2) Any person who sells tobacco products or alternative nicotine products at retail shall cause to be posted in a conspicuous place in his or her establishment a notice stating that it is illegal to sell tobacco products, alternative nicotine products, or vapor products to persons under age twenty-one (21). 
      • (3) Any person selling tobacco products, alternative nicotine products, or vapor products shall require proof of age from a prospective buyer or recipient if the person has reason to believe that the prospective buyer or recipient is under the age of twenty-one (21).
  • 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 – all under the same laws and regulations
  • 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.

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)
    • Medical Marijuana Only – must be 18 to purchase
    • Kentucky Chapter 146, Section 4
      • A registered qualified patient, except as provided in subsection (2) of this section and Section 6 of this Act, shall not be subject, under the laws of the Commonwealth, to arrest, prosecution, or denial of any right or privilege, including but not limited to a civil penalty or disciplinary action by a court or occupational or professional licensing board, for the use of medicinal cannabis, if the registered qualified patient does not possess more than:
        • (a) An amount of medicinal cannabis determined by the cabinet to constitute an uninterrupted thirty (30) day supply at his or her residence;
        • (b) An amount of medicinal cannabis in excess of a thirty (30) day supply at his or her residence, in accordance with administrative regulations promulgated pursuant to subsection (1)(c)6. of Section 27 of this Act; or
        • (c) An amount of medicinal cannabis determined by the cabinet to constitute an uninterrupted ten (10) day supply on his or her person, except that an amount greater than a ten (10) day supply may be transported by a registered qualified patient from a dispensary to his or her residence if the medicinal cannabis is contained in a sealed package that requires at least a two (2) step process for initial opening.
      • (2) A registered qualified patient who is under eighteen (18) years of age shall not be permitted to possess, purchase, or acquire medicinal cannabis and shall only engage in the use of medicinal cannabis with the assistance of a designated caregiver who is the registered qualified patient’s parent or legal guardian responsible for providing consent for medical treatment.
  • Age permitted to use Cannabis
    • Kentucky Chapter 146, Section 10
    • Medical – must have a prescription from a doctor. If under 18, must have a designated caregiver
      • (2) A person shall be eligible to apply for a registry identification card as a registered qualified patient if he or she is a resident of Kentucky, has obtained a written certification from a medicinal practitioner with whom he or she has a bona fide practitioner-patient relationship, and has not been convicted of a disqualifying felony offense.
      • (3) (a) Except as provided in paragraph (b) of this subsection, a person shall be eligible to apply for a registry identification card as a designated caregiver if he or she is a resident of Kentucky, is at least twenty-one (21) years of age, has not been convicted of a disqualifying felony offense, and has agreed to assist no more than three (3) registered qualified patients with the use of medicinal cannabis.
      • (7) To apply for or renew a registry identification card, a qualified patient who is under eighteen (18) years of age shall, in addition to the information required under subsection (6) of this section, submit:
        • (a) Documentation of diagnosis of a qualifying medical condition by a practitioner other than the medicinal cannabis practitioner who provided the written certification for the use of medicinal cannabis; and
        • (b) A statement signed by the custodial parent or legal guardian with responsibility for health care decisions for the qualified patient attesting to the fact that the custodial parent or legal guardian agrees to:
          • 1. Allow the qualified patient to use medicinal cannabis;
          • 2. Serve as the qualified patient’s designated caregiver; and
          • 3. Control the acquisition, dosage, and frequency of use of medicinal cannabis by the qualified patient.
  • Age permitted to sell Cannabis
    • Not yet established – no dispensaries open in Kentucky
  • Age permitted to purchase Cannabis
    • Kentucky Chapter 146, Section 4
      • (2) A registered qualified patient who is under eighteen (18) years of age shall not be permitted to possess, purchase, or acquire medicinal cannabis and shall only engage in the use of medicinal cannabis with the assistance of a designated caregiver who is the registered qualified patient’s parent or legal guardian responsible for providing consent for medical treatment.
      • (6) Notwithstanding subsections (1), (3), and (4) of this section and except as provided in administrative regulations promulgated pursuant to subsection (1)(c)6. of Section 27 of this Act:
        • (a) A registered qualified patient shall not be permitted to purchase more medicinal cannabis than the amount determined by the cabinet to constitute an uninterrupted thirty (30) day supply of medicinal cannabis during a given twenty-five (25) day period;
        • (b) A designated caregiver shall not be permitted to purchase more medicinal cannabis than the amount determined by the cabinet to constitute an uninterrupted thirty (30) day supply of medicinal cannabis for each registered qualified patient to whom the caregiver is connected through the cabinet’s registration process during a given twenty-five (25) day period; and
        • (c) A visiting qualified patient shall not be permitted to purchase more medicinal cannabis than the amount determined by the cabinet to constitute an uninterrupted ten (10) day supply of medicinal cannabis during a given eight (8) day period.
  • What is the consumable limit (if any)
    • Kentucky Chapter 146, Section 4
      • (6) Notwithstanding subsections (1), (3), and (4) of this section and except as provided in administrative regulations promulgated pursuant to subsection (1)(c)6. of Section 27 of this Act:
        • (a) A registered qualified patient shall not be permitted to purchase more medicinal cannabis than the amount determined by the cabinet to constitute an uninterrupted thirty (30) day supply of medicinal cannabis during a given twenty-five (25) day period;
        • (b) A designated caregiver shall not be permitted to purchase more medicinal cannabis than the amount determined by the cabinet to constitute an uninterrupted thirty (30) day supply of medicinal cannabis for each registered qualified patient to whom the caregiver is connected through the cabinet’s registration process during a given twenty-five (25) day period; and
        • (c) A visiting qualified patient shall not be permitted to purchase more medicinal cannabis than the amount determined by the cabinet to constitute an uninterrupted ten (10) day supply of medicinal cannabis during a given eight (8) day period.
  • What is the purchase limit (if any)
    • Kentucky Chapter 146, Section 4
      • (6) Notwithstanding subsections (1), (3), and (4) of this section and except as provided in administrative regulations promulgated pursuant to subsection (1)(c)6. of Section 27 of this Act:
        • (a) A registered qualified patient shall not be permitted to purchase more medicinal cannabis than the amount determined by the cabinet to constitute an uninterrupted thirty (30) day supply of medicinal cannabis during a given twenty-five (25) day period;
        • (b) A designated caregiver shall not be permitted to purchase more medicinal cannabis than the amount determined by the cabinet to constitute an uninterrupted thirty (30) day supply of medicinal cannabis for each registered qualified patient to whom the caregiver is connected through the cabinet’s registration process during a given twenty-five (25) day period; and
        • (c) A visiting qualified patient shall not be permitted to purchase more medicinal cannabis than the amount determined by the cabinet to constitute an uninterrupted ten (10) day supply of medicinal cannabis during a given eight (8) day period.
  • Can minors obtain medical cannabis with a prescription?
    • Yes –  Kentucky Chapter 146, Section 10
      • (7) To apply for or renew a registry identification card, a qualified patient who is under eighteen (18) years of age shall, in addition to the information required under subsection (6) of this section, submit:
      • (a) Documentation of diagnosis of a qualifying medical condition by a practitioner other than the medicinal cannabis practitioner who provided the written certification for the use of medicinal cannabis; and
      • (b) A statement signed by the custodial parent or legal guardian with responsibility for health care decisions for the qualified patient attesting to the fact that the custodial parent or legal guardian agrees to:
        • 1. Allow the qualified patient to use medicinal cannabis;
        • 2. Serve as the qualified patient’s designated caregiver; and
        • 3. Control the acquisition, dosage, and frequency of use of medicinal cannabis by the qualified patient.

Adult Media

  • Age permitted to access Adult Content ONLINE
    • Kentucky Chapter 106, Section 13
      • “Age verification” means verifying that the person seeking access to the matter is eighteen (18) years old or older, through any of the following methods:
        • State-issued form of identification, including but not limited to an operator’s license or personal identification card issued under KRS Chapter 186 that establishes age; 
        • Identification issued by any agency of the United States government that establishes age; or 
        • Any commercially reasonable method of identification that relies on public or private transactional data to verify that the person attempting to access the matter is at least eighteen (18) years of age or older;
  • Age permitted to access Adult Retailers and Venues (Sex shops, Strip Clubs, burlesque)
    • Set at the county level
      • Must be 18 or 21 to enter depending on if alcohol is being served
  • Are websites required to verify age for accessing adult content?
    • Yes 
    • Kentucky Chapter 106, Section 13
      • “Age verification” means verifying that the person seeking access to the matter is eighteen (18) years old or older, through any of the following methods:
        • State-issued form of identification, including but not limited to an operator’s license or personal identification card issued under KRS Chapter 186 that establishes age; 
        • Identification issued by any agency of the United States government that establishes age; or 
        • Any commercially reasonable method of identification that relies on public or private transactional data to verify that the person attempting to access the matter is at least eighteen (18) years of age or older;
  • What penalties exist for providing minors access to adult material online?
    • Kentucky Chapter 106, Section 14
      • (1) Any covered platform that knowingly and intentionally publishes or distributes material on the internet, more than one-third (1/3) of which is matter harmful to minors, and fails to perform age verification, either by itself or through a third party, of individuals attempting to access the matter shall be liable as provided in this section. 
      • (2) Any person injured by a violation of this section, or a parent or legal guardian on behalf of any minor injured by a violation of this section, may bring a civil action against the covered platform to recover:
        • (a) Damages of ten thousand dollars ($10,000) per instance that the covered platform failed to perform age verification to restrict the minor’s access to matter harmful to minors; and 
        • (b) Actual damages, court costs, and reasonable attorney’s fees.
      • (3) This section shall only apply to a minor who:
        • (a) Is a permanent resident of this state; 
        • (b) Has resided in this state for more than one (1) year; or 
        • (c) Has been sojourning in this state for a period of at least thirty-one (31) consecutive days.
    • 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?
    • Set at the county level
      • Operators and employees of adult entertainment establishments cannot employ or allow people under 18 to enter the establishment.
      • Self-Designated Adult Entertainment Centers can allow people under 18 to enter areas of the establishment that are not used for adult entertainment.
  • Are there restrictions on employment terms for adult content creators?
    • No laws in place

Voting

  • Age permitted to register to vote in the state
    • 18 by the time of the election – “You may register to vote in Kentucky as a 17-year-old if you will be 18 years old by the next General Election, which will be November 5, 2024.”
    • Requirements to register to vote:
      • I am a U.S. Citizen.
      • I am a current resident of Kentucky.
      • I will be at least 18 years of age on or before the next general election.
      • I am not a convicted felon, or if I have been convicted of a felony, my right to vote has been restored following an expungement, Executive Pardon, or Executive Order.
      • I have not been judged “incompetent” in a Kentucky court of law.
      • I do not claim the right to vote anywhere outside Kentucky.
    • Federal Law:
  • Age permitted to vote in the state
    • Must be 18
  • What Identification requirements are needed to vote on a regular ballot
    • https://elect.ky.gov/Voters/Pages/Absentee-Excused-In-Person.aspx
      • ​”Proof of identification” means a document that was issued by:
      • ​(a) The United States or the Commonwealth of Kentucky, and the document contains:
        • ​​1. The name of the individual to whom the document was issued;
        • ​​2. A photograph of the individual to whom the document was issued;
      • ​(b) The United States Department of Defense, a branch of the uniformed services, the Merchant Marine, or the Kentucky National Guard, and the document contains​:
        • 1. The name of the individual to whom the document was issued;
        • ​2. A photograph of the individual to whom the document was issued;
      • (c) A public or private college, university, or postgraduate technical or professional school located within the United States, and the document contains:
        • 1. The name of the individual to whom the document was issued;
        • ​2. A photograph of the individual to whom the document was issued; or,
      • (d) Any city government, county government, urban-county government, charter county government, consolidated local government, or unified local government, which is located within this state, and the document contains:
        • ​​1. The name of the individual to whom the document was issued;
        • ​​​​2. A photograph of the individual to whom the document was issued.​
  • What Identification requirements are needed to vote on a Provisional ballot
    • Title 031 | Chapter 006 | Regulation 020
      • (3) The circumstances for issuing the provisional ballot:
        • (a) Voter whose name does not appear on the precinct roster and whose registration status cannot be determined by the precinct officer;
        • (b) Voter whose name does not appear on the precinct roster and who has been verified as ineligible to vote;
        • (c) Voter who does not have identification;
      • (5) To cast a provisional ballot, an individual shall execute the written affirmation on the provisional ballot outer envelope before a precinct officer at the voting place declaring the individual is a registered voter in the county and resides within the geographical boundaries of the precinct. The written affirmation executed by the individual shall state:
        • (a) The individual’s name;
        • (b) Current residential address;
        • (c) Political party affiliation;
        • (d) That the individual is a registered voter in the county and resides in the precinct;
        • (e) That the individual knows of no legal reason to prevent his or her vote from being cast and counted;
        • (f) That the individual has not voted and shall not vote in another precinct or by absentee ballot in this state during this election;
        • (g) That the individual understands that any person who falsely signs and verifies any form requiring verification shall be guilty of perjury and subject to penalties therefore; and
        • (h) That the individual further understands that if he or she executes the affirmation and is not a registered voter at the current address stated, the individual has committed a criminal act.

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 – if a person refuses to provide identification to the police upon request — even if he or she is suspected of engaging in criminal activity — then that person cannot be arrested and prosecuted for failing to provide identification – there is no law in Kentucky that requires an individual to produce their ID for a police officer.
  • “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” statutes
    • Do you have the right to remain silent or refuse to provide ID in certain situations?
  • Public Place ID Requirements
    • Are there any public areas where a person must carry ID?
      • Only when driving, flying, or entering a federal building
    • Are there curfew or loitering laws requiring ID verification?
      • No – unless additional crimes are being committed
  • Traffic Stops and ID Requirements
    • Are you required to provide an ID when pulled over by law enforcement?
      • Kentucky § 186.510
        • The licensee shall have his or her license in his or her immediate possession at all times when driving a motor vehicle and shall display it upon demand to a peace officer, a member of the Department of Kentucky State Police, or a field deputy or inspector of the Department of Vehicle Regulation or Transportation Cabinet or, pursuant to KRS 67A.075 or 83A.088, a safety officer who is in the process of securing information to complete an accident report. It shall be a defense to any charge under this section if the person so charged produces in court an operator’s license, issued to him or her before his or her arrest and valid at the time of his or her arrest.
    • What are the consequences of refusing to show ID during a traffic stop?
      • Kentucky § 186.510
        • It shall be a defense to any charge under this section if the person so charged produces in court an operator’s license, issued to him or her before his or her arrest and valid at the time of his or her arrest.
  • Passenger ID Requirements in Vehicles
    • Do passengers need to show ID if a vehicle is stopped by law enforcement?
      • Passenger is not required to produce ID
    • Can passengers legally refuse to provide ID?
      • Yes
  • Curfew Laws for Minors
  • Trespassing and ID Requirements
    • Can police demand ID if someone is suspected of trespassing?
    • What are the consequences of refusing to provide identification in such situations?
      • Arrest or ticket issued