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Michigan
Michigan

Identification

  • Acceptable Identification
    • Michigan Compiled Laws (MCL) 168.523
    • In Michigan, acceptable forms of identification (ID) for various purposes (e.g., voting, law enforcement, and general identification) include:
      • Michigan driver’s license or state ID card.
      • U.S. passport or passport card.
      • Military ID with photo.
      • Tribal ID with photo.
      • Federal or state government-issued photo ID.
      • Permanent Resident Card (Green Card).
      • Employment Authorization Document (EAD).
         For voting, Michigan requires voters to present a government-issued photo ID. If a voter does not have an acceptable ID, they may still vote by signing an affidavit of identity.
  • Acceptable Digital Identification
    • Michigan Secretary of State – Required Documents
    • Michigan Department of State REAL ID
    • Michigan has begun accepting digital driver’s licenses and other digital forms of identification for limited purposes, such as:
      • Presenting proof of age or identity at certain venues (bars, airports).
      • Using digital ID apps approved by the Michigan Department of State.
      • Physical IDs are still required for certain official purposes, such as voting and law enforcement verification.
  • What requirements are needed to acquire acceptable ID’ and Acceptable Digital ID’s
    • Michigan Secretary of State – Required Documents
    • Michigan Department of State REAL ID
    • Requirements for Physical Identification (Driver’s License or State ID):
       To acquire a Michigan driver’s license or state ID, applicants must provide:

      • Proof of identity (birth certificate or U.S. passport).
      • Proof of Social Security number (Social Security card, W-2, or 1099).
      • Proof of Michigan residency (utility bill, lease agreement, or bank statement).
      • Proof of legal presence in the U.S. (Green Card, visa, or Employment Authorization Document).
    • Requirements for Digital Identification:
      • Michigan does not currently issue statewide digital IDs directly but allows the use of third-party approved apps for digital driver’s licenses. To acquire a digital ID, individuals must first have a valid physical driver’s license or state ID and follow the app’s verification process.
  • What types of identification are accepted for non-citizen or foreign nationals in this state?
    • Michigan Secretary of State – Foreign Nationals
    • Driving in Michigan as a Non-Citizen
    • Non-citizens and foreign nationals can use the following types of identification in Michigan:
      • Valid foreign passport.
      • U.S. visa with supporting documentation (e.g., I-94 form).
      • Employment Authorization Document (EAD).
      • Permanent Resident Card (Green Card).
      • Michigan driver’s license or state ID (if eligibility requirements are met).
         Foreign nationals who are legally present in the U.S. may apply for a Michigan driver’s license or state ID by providing proof of legal presence, identity, and Michigan residency.
  • Can undocumented individuals obtain a state ID or Drivers license in this state?
    • Michigan Compiled Laws (MCL) 257.307
    • Michigan does not currently allow undocumented individuals to obtain a state ID or driver’s license. Applicants must provide proof of legal presence in the U.S., such as a Green Card, visa, or Employment Authorization Document, to be eligible for a state-issued ID or driver’s license.
    • There have been recent legislative efforts and advocacy to expand access to driver’s licenses for undocumented individuals, but as of now, such measures have not been enacted.
  • What privacy protections are in place for Digital Id’s in this state?
    • Michigan Consumer Protection Act (MCL 445.901)
    • Michigan has begun exploring the implementation of digital ID systems, but privacy protections for digital IDs are still evolving. Any digital ID system in Michigan must comply with:
      • Michigan Consumer Protection Act (MCL 445.901): Protects personal data from unauthorized use or disclosure.
      • Federal Privacy Laws: Such as the Driver’s Privacy Protection Act (DPPA), which limits the disclosure of personal information from state motor vehicle records.
         Michigan is considering additional safeguards to ensure that digital IDs are encrypted, securely stored, and only accessible to authorized parties.
  • Can Digital IDs be legally used for law enforcement verification?
    • MCL – Section 28.292
    • Michigan law enforcement agencies are beginning to recognize digital IDs for limited purposes, such as verifying identity during traffic stops or other routine interactions. Physical IDs are still required in certain situations, such as:
      • Booking and processing at police stations.
      • Providing identification during official investigations.
         The use of digital IDs for law enforcement purposes is subject to verification of authenticity through state-approved systems.

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)
    • National Minimum Drinking Age Act of 1984
    • Federal Law:
      • Federal law under the National Minimum Drinking Age Act of 1984 requires states to prohibit individuals under the age of 21 from purchasing or publicly possessing alcohol. It does not regulate access to alcohol-serving venues, leaving that to state laws.
    • Michigan State Law:
      • In Michigan, individuals must generally be 21 years old to enter bars, nightclubs, or other venues where alcohol is served unless:
        • The venue allows underage individuals for non-alcohol-related purposes (a restaurant that serves alcohol).
        • The individual is working at the venue (as a server or musician).
           Minors attempting to enter alcohol-serving establishments unlawfully may face penalties.
  • Age permitted to consume Alcohol
    • Michigan Liquor Control Code – MCL 436.1701
    • Federal Law:
      • Federal law does not directly regulate the minimum drinking age but incentivizes states to maintain the minimum drinking age at 21 years old by tying highway funding to compliance.
    • Michigan State Law:
      • The legal drinking age in Michigan is 21 years old. Individuals under 21 are prohibited from consuming alcohol, with limited exceptions.
  • Age permitted to serve Alcohol
    • MCL 436.1703
    • In Michigan, the minimum age to serve alcohol is:
      • 18 years old to serve alcohol at a bar, restaurant, or other licensed establishment.
      • 21 years old to work as a bartender or handle alcohol in a retail setting (selling alcohol at a liquor store).
  • Age permitted to purchase Alcohol
    • MCL 436.1707
    • In Michigan, individuals must be 21 years old to purchase alcohol. Selling or providing alcohol to individuals under 21 is prohibited.
  • What is the consumable limit (if any)
    • MCL 436.1701
    • Michigan does not have a specific legal “consumable limit” for alcohol. Public intoxication and driving under the influence (DUI) are illegal.
  • What is the purchase limit (if any)
  • What is the legal BAC (Blood Alcohol Content) limit in this state?
    • MCL 257.625
    • Standard BAC Limit:
      • The legal BAC limit in Michigan is 0.08% for drivers aged 21 and older.
    • Commercial Drivers:
      • The BAC limit for commercial drivers is 0.04%.
    • Underage Drivers (Zero Tolerance):
      • Drivers under 21 years old are subject to a zero-tolerance policy, with a BAC limit of 0.02%.
      • Driving with a BAC above these limits is considered driving under the influence (DUI) and subject to severe penalties.
  • Are there any exceptions for minors consuming alcohol (e.g., religious ceremonies, parental supervision)?
    • MCL 436.1703(10)
    • Michigan law provides limited exceptions for minors consuming alcohol:
      • Religious Ceremonies: Minors may consume alcohol as part of a recognized religious service or ceremony.
      • Parental Supervision: Minors may consume alcohol in a private residence under the direct supervision of their parent or legal guardian.
         These exceptions do not apply in public places or establishments.
  • What are the penalties for providing alcohol to minors at a private residence?
    • MCL 436.1701
    • In Michigan, it is illegal to knowingly provide alcohol to minors at a private residence unless you are the minor’s parent or legal guardian. Penalties include:
      • A misdemeanor charge punishable by up to 60 days in jail and/or a fine of up to $1,000 for a first offense.
      • Subsequent offenses may result in harsher penalties, including longer jail time and higher fines.
      • If providing alcohol to a minor results in injury or death, the penalties can escalate significantly, including potential felony charges.

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 
    • Michigan Public Health Code – MCL 722.641
    • Michigan enforces the federal minimum age of 21 years old for accessing tobacco retailers and venues. Individuals under 21 are prohibited from entering cigar shops, smoke shops, or smoking lounges unless accompanied by a parent or guardian or if the venue serves a non-tobacco-related purpose (a restaurant with a cigar lounge).
  • Age permitted to use Tobacco
    • MCL 722.641
    • Federal Law:
      • Federal law does not explicitly regulate the age for using tobacco products but prohibits the sale of tobacco products to individuals under 21 years old.
    • Michigan State Law:
      • Michigan law prohibits individuals under 21 years old from using tobacco products, including traditional tobacco and vaping products.
  • Age permitted to sell Tobacco
  • Age permitted to purchase Tobacco
    • MCL 722.641
    • Federal Law:
      • The federal minimum age to purchase tobacco products is 21 years old.
    • Michigan State Law:
      • Michigan aligns with federal law, prohibiting the purchase of tobacco products by anyone under 21 years old. Retailers are required to verify the age of purchasers using government-issued photo identification.
  • What is the consumable limit (if any)
    • MCL 333.12601
    • Michigan does not impose a specific legal “consumable limit” on tobacco use. Public smoking and vaping are subject to restrictions under the Michigan Smoke-Free Air Law, which prohibits smoking in most enclosed public spaces, workplaces, and restaurants.
  • What is the purchase limit (if any)
    • Michigan law does not specify a purchase limit for tobacco products. Retailers may impose their own limits, and individuals purchasing large quantities may be subject to scrutiny to prevent illegal resale or distribution to minors.
  • Are vaping products regulated differently from traditional tobacco in this state?
    • MCL 722.641
    • Yes, vaping products are regulated differently from traditional tobacco products in Michigan:
      • Age Restrictions: Vaping products cannot be sold to individuals under 21 years old, in line with federal law.
      • Taxation: Michigan imposes a separate tax on vaping products, including e-liquids and devices, which is different from the tax on traditional tobacco products.
      • Advertising and Packaging: Vaping products must comply with specific packaging and labeling requirements to prevent targeting minors.
  • Are flavored vapes or disposable e-cigarettes banned?
    • Michigan Health and Human Services E-Cigarettes
    • FDA
    • Federal law prohibits the sale of closed-system devices (pods, cartridges) containing e-liquid in flavors other than tobacco or menthol. 
    • Michigan has attempted to ban flavored vaping products to reduce youth vaping, but as of now, there is no statewide ban on flavored vapes. Michigan does enforce federal restrictions on flavored closed-system devices.

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)
    • Controlled Substances Act
    • Michigan Regulation and Taxation of Marihuana Act (MRTMA), MCL 333.27954
    • Federal Law:
      • Under federal law, cannabis remains classified as a Schedule I controlled substance under the Controlled Substances Act, making its possession, sale, and use illegal at the federal level. Federal law does not regulate state-licensed cannabis retailers or venues in states where cannabis is legal.
    • Michigan State Law:
      • In Michigan, individuals must be at least 21 years old to enter recreational cannabis dispensaries or smoke shops. For medical cannabis dispensaries, individuals must be at least 18 years old and possess a valid medical marijuana card.
  • Age permitted to use Cannabis
    • MRTMA, MCL 333.27954
    • Recreational Cannabis:
      • Michigan law permits individuals aged 21 years or older to use recreational cannabis.
    • Medical Cannabis:
      • Individuals aged 18 years or older may use medical cannabis if they have a valid medical marijuana card. Minors under 18 may also use medical cannabis with parental consent and a doctor’s recommendation.
  • Age permitted to sell Cannabis
    • MRTMA, MCL 333.27958
    • In Michigan, individuals must be at least 21 years old to work in or sell cannabis products at a licensed dispensary or cannabis retailer. Employees must also meet licensing and background check requirements set by the Michigan Cannabis Regulatory Agency (CRA).
  • Age permitted to purchase Cannabis
    • MRTMA, MCL 333.27954
    • Recreational Cannabis:

      • Individuals must be 21 years old to purchase cannabis from a licensed recreational dispensary.
    • Medical Cannabis:
      • Individuals must be at least 18 years old and possess a valid medical marijuana card to purchase medical cannabis.
  • What is the consumable limit (if any)
    • MRTMA, MCL 333.27954
    • Michigan law allows adults aged 21 and older to consume cannabis, but there are restrictions:
      • Public Consumption: It is illegal to consume cannabis in public places. Consumption is only permitted in private residences or designated consumption lounges (if licensed).
      • Driving Under the Influence: Operating a motor vehicle while under the influence of cannabis is illegal and subject to penalties.
  • What is the purchase limit (if any)
    • MRTMA, MCL 333.27959
    • Michigan law imposes the following purchase limits for recreational cannabis:
      • Flower (Plant Material): Up to 2.5 ounces per transaction, with no more than 15 grams of concentrate included in the total.
      • Edibles: The equivalent of 2.5 ounces of flower based on THC content.
         For medical cannabis, purchase limits are determined by the patient’s medical marijuana card and doctor’s recommendation.
  • Can minors obtain medical cannabis with a prescription?
    • Michigan Medical Marihuana Act (MMMA), MCL 333.26426
    • Yes, minors under 18 years old can obtain medical cannabis in Michigan under the following conditions:
      • The minor must be diagnosed with a qualifying medical condition by a licensed physician.
      • A parent or legal guardian must provide written consent and act as the minor’s caregiver. The caregiver is responsible for purchasing and administering the medical cannabis.
      • The minor must be registered with the Michigan Medical Marijuana Program (MMMP) and possess a valid medical marijuana card.

Adult Media

  • Age permitted to access Adult Content ONLINE
    • Title 18 U.S.C. § 1470
    • MCL 722.673 – Dissemination of Sexually Explicit Material to Minors
    • Federal Law:
      • There is no specific federal law that sets a minimum age to access adult content online. It is illegal to knowingly distribute obscene materials to minors. Websites hosting adult content are generally required to take reasonable measures to restrict access to minors.
    • Michigan State Law:
      • Michigan law prohibits individuals under 18 years old from accessing adult content, including pornography or other sexually explicit material. Parents can request court orders to block access to obscene content for minors.
  • Age permitted to access Adult Retailers and Venues (Sex shops, Strip Clubs, burlesque)
    • Michigan Liquor Control Code
    • MCL 722.673
    • Sex Shops/Adult Retailers: Individuals must be at least 18 years old to enter adult retail stores or purchase sexually explicit materials.
    • Strip Clubs/Burlesque Venues: Individuals must be at least 18 years old to enter strip clubs or burlesque venues unless alcohol is served. If alcohol is served, the minimum age to enter is 21 years old, consistent with Michigan’s alcohol laws.
  • Are websites required to verify age for accessing adult content?
    • Title 18 U.S.C. § 1470
    • Title 18 US Code 2557
    • MCL 722.673
    • Federal Law:
      • Federal law does not mandate specific methods for verifying age on adult content websites. Producers of adult content must maintain records verifying the age of performers and take reasonable steps to prevent minors from accessing adult content.
    • Michigan State Law:
      • Michigan does not have specific laws requiring websites to verify the age of users accessing adult content. Disseminating sexually explicit material to minors is prohibited, and failure to implement reasonable safeguards could lead to legal liability.
  • What penalties exist for providing minors access to adult material online?
    • MCL 722.675
    • Title 18 Section 1470 Federal laws prohibit the distribution of obscene materials to minors. Violations can result in significant fines and imprisonment.
    • Federal Law:
      • It is a federal offense to knowingly distribute obscene materials to minors. Violators may face:
        • Fines of up to $250,000.
        • Imprisonment for up to 10 years.
    • Michigan State Law:
      • Michigan law prohibits disseminating sexually explicit material to minors. Violations may result in:
        • Misdemeanor charges, including fines and/or imprisonment for up to 93 days.
        • Repeat offenses may lead to more severe penalties.
  • What is the minimum age to work in the adult entertainment industry?
    • Title 18 US Code 2557
    • MCL 722.675
    • Federal Law:
      • Federal law under Title 18, Section 2257 requires all performers in adult content to be at least 18 years old. Employers must verify the age of performers using government-issued photo identification and maintain records for compliance.
    • Michigan State Law:
      • Michigan also requires individuals to be at least 18 years old to work in any adult entertainment venue (strip clubs) or participate in the creation of sexually explicit material.
  • Are there restrictions on employment terms for adult content creators?
    • MCL 750.462a – Human Trafficking Laws
    • Title 18 US Code 2557
    • Federal Law:
      • Under Title 18, Section 2257, adult content creators and employers must comply with the following restrictions:
        • Maintain detailed records verifying the age of all performers.
        • Ensure that all employment agreements comply with federal labor laws, including those prohibiting coercion or exploitation.
        • Prohibit any involvement of minors in the production of adult content.
    • Michigan State Law:
      • Michigan law prohibits coercion, exploitation, or trafficking of individuals in the adult entertainment industry. Employers must ensure that all performers are working voluntarily and meet the minimum age requirement of 18 years old. Violations may result in criminal charges, including felony human trafficking charges.

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
    • Michigan Election Law – MCL 168.523
    • Michigan law requires voters to present an acceptable form of photo identification to vote on a regular ballot. Acceptable forms of ID include:
      • Michigan driver’s license or state ID card.
      • U.S. passport.
      • Military ID.
      • Tribal ID card.
    • Federal or state government-issued photo ID.
      Note: If a voter does not have an acceptable form of photo ID, they may still vote by signing an affidavit affirming their identity.
  • What Identification requirements are needed to vote on a Provisional ballot
    • Michigan Election Law – MCL 168.813
    • Provisional ballots are issued to voters whose eligibility cannot be immediately verified at the polling place. This typically occurs if:
      • The voter’s name does not appear on the voter registration list.
      • The voter cannot provide acceptable photo identification and does not sign an affidavit affirming their identity.
    • To have a provisional ballot counted, the voter must provide proof of identity and eligibility to the local clerk’s office within 6 days after the election.
  • Voter Restrictions/ Requirements in place federally and within the state.
    • Michigan Election Law – MCL 168.492
    • Michigan Secretary of State – Voting Rights
    • Voting Rights Act of 1965
    • Federal Requirements:
      • Citizenship: Only U.S. citizens are eligible to vote.
      • Age: Must be at least 18 years old by Election Day.
      • Non-Discrimination: Under the Voting Rights Act of 1965, states cannot impose discriminatory practices that restrict voting based on race, color, or membership in a language minority group.
      • Felony Convictions: Federal law does not regulate voting rights for individuals with felony convictions; this is determined by state law.
  • Michigan State Requirements and Restrictions:
    • Residency: Voters must be residents of Michigan for at least 30 days before the election.
    • Registration Deadline: Michigan allows same-day voter registration up until and including Election Day.
    • Felony Convictions: Michigan allows individuals with felony convictions to vote after they are released from prison. Those currently incarcerated for a felony are not eligible to vote.
    • Photo ID Requirement: Voters must present an acceptable photo ID or sign an affidavit affirming their identity.
    • Early Voting: Michigan offers absentee voting for all voters without requiring a specific reason.

Employment

  • Minimum Age to work in the state
    • At what age can minors legally begin working in this state?
      • Answer
    • Are there different age requirements for different types of jobs (hazardous work, agriculture, entertainment industry, etc.)?
      • Answer
  • Work Permit Requirements for Minors
    • Answer
  • Restrictions on Work Hours for Minors
    • Are there limits on how many hours a minor can work per day or per week?
      • Answer

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
        • During a Terry stop, officers can request identification, but individuals are not necessarily required to comply unless specific state law mandates it.
      • Michigan does not have a “Stop and Identify” law. This means that individuals are generally not required to provide identification to police unless:
        • They are driving a vehicle
        • They are under arrest or being detained with reasonable suspicion of a crime.
    • Can you be detained or arrested for refusing to show ID?
      • MCL 750.81d – Resisting and Obstructing Law
      • In Michigan, you cannot be arrested solely for refusing to provide ID unless:
        • You are driving a vehicle (failure to provide a driver’s license is a misdemeanor).
        • You are lawfully detained or arrested and refuse to identify yourself.
      • If the refusal to provide ID obstructs an officer’s investigation, it may lead to charges such as resisting or obstructing a police officer.
  • “Stop and Identify” Laws in this state
    • What is this state’s specific laws regarding police stops and ID requirements?
      • People v. Shabaz, 424 Mich. 42 (1985)
      • Michigan does not have a general “Stop and Identify” law. This means you are not required to identify yourself during a police stop unless:
        • You are operating a motor vehicle.
        • You are under arrest or lawfully detained with reasonable suspicion of a crime.
      • Police may request identification during a stop, but you are not legally obligated to comply unless one of the above conditions applies.
    • Do you have the right to remain silent or refuse to provide ID in certain situations?
      • Fifth Amendment – US Constitution
      • You have the constitutional right to remain silent and not answer questions from law enforcement, including providing your name, in most situations unless you are:
        • Driving a vehicle (must provide license).
        • Lawfully detained or arrested.
      • In Michigan, exercising your right to remain silent cannot be used against you, but refusing to provide ID during lawful detention may lead to further investigation or charges.
  • Public Place ID Requirements
    • Are there any public areas where a person must carry ID?
      • Michigan law does not require individuals to carry ID in public places unless they are engaged in specific activities (driving). There is no general requirement to carry or present ID when walking or being in public spaces.
    • Are there curfew or loitering laws requiring ID verification?
      • Detroit Code of Ordinances – Sec. 33-3-11
      • Michigan municipalities often have curfew laws for minors. For example, in Detroit:
        • Minors under 16 years old cannot be in public places between 10:00 PM and 6:00 AM without a parent or guardian.
        • Minors aged 16-17 cannot be in public places between 11:00 PM and 6:00 AM without a parent or guardian.
          Police may request ID from minors to verify their age during curfew enforcement.
  • Traffic Stops and ID Requirements
    • Are you required to provide an ID when pulled over by law enforcement?
    • What are the consequences of refusing to show ID during a traffic stop?
      • MCL 257.311
      • Refusing to provide ID during a traffic stop can result in:
        • A misdemeanor charge for failure to present a driver’s license.
        • Potential arrest if the officer cannot verify your identity.
  • Passenger ID Requirements in Vehicles
    • Do passengers need to show ID if a vehicle is stopped by law enforcement?
      • Passengers are generally not required to provide ID during a traffic stop unless:
        • They are suspected of committing a crime.
        • They are being detained or arrested.
    • Can passengers legally refuse to provide ID?
  • Curfew Laws for Minors
    • 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 request identification to verify their age if they are stopped past curfew hours. If a minor cannot provide proof of age, they may be detained until their identity is confirmed.
    • What are the penalties for violating curfew laws?
      • Detroit Code of Ordinances – Sec. 33-3-11
      • Penalties for minors violating curfew laws may include:
        • Warning or citation.
        • Notification of parents or guardians.
        • Community service or fines (depending on local ordinances).
  • Trespassing and ID Requirements
    • Can police demand ID if someone is suspected of trespassing?
      • MCL 750.552 – Trespassing Law
      • Yes. If police have reasonable suspicion that someone is trespassing, they may detain the person and request identification.
    • What are the consequences of refusing to provide identification in such situations?
      • MCL 750.81d
      • Refusing to provide ID when suspected of trespassing may lead to:
        • Arrest for trespassing.
        • Additional charges for resisting or obstructing a police officer.