Louisiana is one of the first states to implement official digital identification through the LA Wallet app, which allows residents to store and present a digital version of their Louisiana driver’s license or special identification card.
LA Wallet Features:
Louisiana residents can use the LA Wallet app to present a legally recognized digital driver’s license or ID for most purposes, including:
Traffic stops.
Age verification (purchasing alcohol).
Proof of identity in certain official settings.
Limitations:
Not all businesses or agencies may accept digital IDs, so it is advisable to carry a physical ID as a backup.
What requirements are needed to acquire acceptable ID’ and Acceptable Digital ID’s
Physical IDs in Louisiana require proof of identity, residency, and SSN.
Digital IDs via the LA Wallet app require a valid Louisiana driver’s license or state-issued ID.
To obtain a Louisiana driver’s license, special identification card, or digital ID, the following requirements must be met:
For a Physical Driver’s License or ID:
Proof of Identity:
U.S. birth certificate.
U.S. passport.
Certificate of Naturalization.
Proof of Louisiana Residency:
Utility bill, lease agreement, or bank statement with a Louisiana address.
Social Security Number (SSN):
Provide an SSN or proof of ineligibility for an SSN.
Application and Fees:
Complete the application at the Louisiana Office of Motor Vehicles (OMV) and pay the required fee.
For a Digital ID (LA Wallet):
To activate a digital driver’s license or ID in the LA Wallet app, you must already possess a valid Louisiana driver’s license or special identification card.
What types of identification are accepted for non-citizen or foreign nationals in this state?
Louisiana provides specific privacy protections for digital IDs issued through the LA Wallet app:
Encryption and Security:
The LA Wallet app uses encryption to protect personal information stored on the app.
Limited Data Sharing:
The app is designed to share only the necessary information with third parties (verifying age without sharing additional personal details).
State Privacy Laws:
Louisiana law limits the disclosure of personal information held by government agencies, including motor vehicle records, under the Driver’s Privacy Protection Act (DPPA).
Can Digital IDs be legally used for law enforcement verification?
Yes, digital IDs issued through the LA Wallet app are legally recognized for law enforcement verification in Louisiana.
Traffic Stops:
Louisiana law allows drivers to present a digital driver’s license through the LA Wallet app during traffic stops (Louisiana Revised Statutes § 32:411).
Other Uses:
Digital IDs can also be used for age verification (purchasing alcohol or tobacco) and other official purposes.
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)
There is no defined legal limit on how much alcohol an individual can consume in Louisiana, but public intoxication and DUI laws regulate behavior resulting from excessive consumption.
Penalties for providing alcohol to minors include:
Fines: Up to $500 for a first offense.
Imprisonment: Up to 6 months for a first offense.
Repeat offenses may result in increased fines and jail time.
If providing alcohol to a minor results in injury or death (drunk driving), additional criminal charges, such as negligence or manslaughter, may apply.
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)
In Louisiana, individuals must be 21 years old to legally purchase tobacco products, and many tobacco retailers may restrict access to individuals under 21.
Individuals must be at least 18 years old to sell tobacco products in Louisiana. They must comply with federal and state laws regulating the sale of tobacco to individuals under 21.
Federal law prohibits the sale of closed-system devices (pods, cartridges) containing e-liquid in flavors other than tobacco or menthol.
Louisiana State Law:
In Louisiana, flavored closed-system vaping devices (pods, cartridges) are banned under federal law, except for tobacco and menthol flavors. Flavored disposable e-cigarettes and open-system devices remain legal.
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)
Cannabis remains classified as a Schedule I controlled substance under the federal Controlled Substances Act (CSA). Federal law prohibits the possession, sale, or use of cannabis, regardless of age, except for federally approved medical research. However, enforcement is largely left to state laws for intrastate activities.
Louisiana State Law:
Recreational cannabis is illegal in Louisiana; therefore, there are no recreational dispensaries.
Medical cannabis is legal, and only licensed medical marijuana pharmacies (dispensaries) are permitted to distribute cannabis under Louisiana law.
Individuals must be at least 18 years old to enter a licensed medical cannabis dispensary, and they must have a valid medical marijuana recommendation from a licensed physician.
Minors may access medical cannabis through a designated caregiver if they have a qualifying condition and a physician’s recommendation.
In Louisiana, individuals must be at least 18 years old and work for a licensed medical cannabis dispensary to legally sell cannabis. Recreational cannabis sales are prohibited.
Recreational cannabis purchases are illegal in Louisiana.
Medical cannabis purchases are allowed for individuals aged 18 and older with a valid physician’s recommendation.
Minors may purchase medical cannabis through a designated caregiver.
A designated caregiver (a parent or legal guardian) must register on behalf of the minor and purchase and administer the medical cannabis.
Caregivers must meet state requirements, including being at least 21 years old and completing the necessary documentation to act on behalf of the minor
There is no defined consumable limit for medical cannabis in Louisiana, as dosage and form are determined by a physician. Recreational cannabis consumption is illegal.
Medical cannabis patients in Louisiana may purchase up to a 30-day supply as prescribed by their physician. Recreational cannabis purchases are illegal.
Can minors obtain medical cannabis with a prescription?
Yes, minors can obtain medical cannabis in Louisiana if they have a qualifying medical condition and a physician’s recommendation.
A designated caregiver (a parent or legal guardian) must register on behalf of the minor and purchase and administer the medical cannabis.
Caregivers must meet state requirements, including being at least 21 years old and completing the necessary documentation to act on behalf of the minor.
Sex Shops: Individuals must be at least 18 years old to enter adult retail stores (sex shops) that sell adult materials or products.
Strip Clubs: Individuals must be at least 18 years old to enter strip clubs in Louisiana. Some establishments may set their own policies requiring patrons to be 21 years old if alcohol is served on the premises.
Burlesque Shows: Burlesque shows are typically considered a form of artistic or theatrical performance and may not always be classified as adult entertainment. Age restrictions for burlesque performances depend on whether the venue serves alcohol (21+) or if the performance is explicitly adult-themed (18+).
Are websites required to verify age for accessing adult content?
Title 18 Section 1470 Federal laws prohibit the distribution of obscene materials to minors. Violations can result in significant fines and imprisonment.
Federal Law:
Under Title 18, Section 1470 of the U.S. Code, it is illegal to knowingly transfer or distribute obscene materials to minors under the age of 18.
Violations can result in:
Fines of up to $250,000.
Imprisonment for up to 10 years.
Louisiana State Law:
Louisiana law also prohibits the distribution of adult content to minors under 18 years old.
Violators may face criminal charges and civil penalties, including fines and potential imprisonment.
What is the minimum age to work in the adult entertainment industry?
Federal law prohibits the employment of minors (under 18 years old) in the adult entertainment industry, including the production of pornography or employment in strip clubs. Violations are subject to severe penalties under federal child exploitation laws.
Louisiana State Law:
Louisiana law prohibits individuals under the age of 18 from working in the adult entertainment industry, including as performers in strip clubs or in the production of adult content.
Employees working in venues that serve alcohol (strip clubs) must generally be at least 18 years old to work in non-entertainment roles and 21 years old for roles involving alcohol service.
Are there restrictions on employment terms for adult content creators?
Federal law imposes strict requirements on the production of adult content to prevent exploitation and ensure compliance with obscenity laws.
Under the Child Protection and Obscenity Enforcement Act (18 U.S.C. § 2257), adult content producers must:
Verify the age of performers using government-issued identification.
Maintain detailed records of performers’ age and identity.
Ensure that all performers are at least 18 years old.
Louisiana State Law:
Louisiana follows federal guidelines for the production of adult content. Louisiana law also prohibits the production of obscene materials involving minors and imposes severe penalties for violations, including imprisonment and fines.
Louisiana requires voters to present one of the following forms of photo identification at the polls when voting on a regular ballot:
A Louisiana driver’s license.
A Louisiana special ID card issued by the Office of Motor Vehicles.
Any other generally recognized photo ID that contains the voter’s name and signature ( a U.S. passport or military ID).
If a voter does not have a photo ID, they may still vote by signing an affidavit verifying their identity. Election officials may then verify the voter’s identity by comparing their signature to the one on file in the voter registration records.
What Identification requirements are needed to vote on a Provisional ballot
A provisional ballot is used when there are questions about a voter’s eligibility, such as when a voter does not present valid photo identification.
If a voter casts a provisional ballot, they must provide additional documentation to verify their identity and eligibility before the ballot is counted. This typically involves providing proof of registration or identification to the parish registrar of voters within the required timeframe.
Voter Restrictions/ Requirements in place federally and within the state.
When an officer has reasonable suspicion that the person is involved in a crime
In Louisiana, individuals are not required to show ID unless they are driving, involved in a lawful detention based on reasonable suspicion, or obstructing a lawful investigation.
Can you be detained or arrested for refusing to show ID?
If an officer has reasonable suspicion of criminal activity and you refuse to verbally identify yourself, you may be detained while the officer attempts to establish your identity.
Refusing to identify yourself during a lawful stop may escalate the situation and could lead to arrest in some circumstances.
What is this state’s specific laws regarding police stops and ID requirements?
Louisiana does not have a specific “Stop and Identify” statute.
While police may request identification during a lawful stop, you are not legally required to show physical ID unless you are driving or engaged in certain activities.
You must verbally provide your name if the officer has reasonable suspicion of criminal activity.
Do you have the right to remain silent or refuse to provide ID in certain situations?
The Fifth Amendment protects your right to remain silent and not incriminate yourself. However, the Fifth Amendment does not protect you from refusing to provide your name during a lawful stop in states where verbal identification is required.
In Louisiana, you are generally required to verbally identify yourself during a lawful stop but are not required to provide physical ID unless driving or in specific regulated circumstances.
Are there any public areas where a person must carry ID?
Louisiana does not require individuals to carry ID in public unless they are engaged in specific regulated activities (driving).
If law enforcement has reasonable suspicion of criminal activity, they may request your name, and failure to verbally identify yourself could lead to detention.
Are there curfew or loitering laws requiring ID verification?
Curfew Laws:
Many Louisiana municipalities have curfew laws for minors. For example, in New Orleans, minors under 17 years old are generally prohibited from being in public places during curfew hours (11:00 PM to 5:00 AM on weekdays).
Police may ask minors to verify their age if stopped during curfew hours, but carrying ID is not explicitly required.
Loitering Laws:
Louisiana does not have a statewide loitering law, but local ordinances may prohibit loitering in specific areas. Police may request identification to verify compliance with these ordinances.
Do passengers need to show ID if a vehicle is stopped by law enforcement?
Passengers are generally not required to show identification during a traffic stop unless the officer has reasonable suspicion that the passenger is involved in a crime or if the passenger is being detained for a specific reason.
Can passengers legally refuse to provide ID?
Passengers may legally refuse to provide ID unless the officer has reasonable suspicion or probable cause to believe the passenger is involved in criminal activity. In such cases, refusing to provide ID may result in detention.
Are minors required to carry ID to prove their age if stopped past curfew?
Minors are not explicitly required to carry ID to prove their age, but law enforcement may request verbal identification or proof of age if a minor is stopped for violating curfew laws.
What are the penalties for violating curfew laws?
Penalties for violating curfew laws may include:
Fines: Monetary penalties for the minor or their parents/guardians.
Warnings: First-time offenders may receive a warning.
Community Service: Courts may impose community service for repeated violations.
Can police demand ID if someone is suspected of trespassing?
Yes. If police have reasonable suspicion that someone is trespassing, they may request identification. While Louisiana does not have a specific “Stop and Identify” law, refusing to verbally identify yourself in such situations may lead to detention.
What are the consequences of refusing to provide identification in such situations?
Refusing to provide identification when suspected of trespassing may result in:
Detention: Police may detain you to verify your identity.
Arrest: If police have probable cause to believe you are trespassing and you refuse to identify yourself, you may be arrested.