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Montana
Montana

Identification

  • Acceptable Identification
    • Montana DMV Acceptable Identification
    • Real ID Checklist
    • In Montana, acceptable forms of identification include government-issued IDs that verify an individual’s identity, such as:
      • Montana Driver’s License or State ID Card
      • U.S. Passport or Passport Card
      • Military ID issued by the U.S. Armed Forces
      • Tribal Identification Card issued by a federally recognized tribe
      • Permanent Resident Card (Green Card)
      • Foreign Passport (may require additional documentation, such as a visa or I-94 form, for non-citizens)
      • These forms of identification are typically required for activities such as voting, obtaining government services, or verifying age for alcohol or tobacco purchases.
  • Acceptable Digital Identification
    • Montana DMV Acceptable Identification
    • Real ID Checklist
    • Montana currently does not have specific laws recognizing digital identification (mobile driver’s licenses) as a substitute for physical IDs.
    • At present, only physical government-issued IDs are officially accepted in most situations.
    • Digital representations of ID (photos of a driver’s license) may not be accepted for official purposes unless explicitly authorized by the requesting entity.
  • What requirements are needed to acquire acceptable ID’ and Acceptable Digital ID’s
    • Montana MVD – Driver Licensing Requirements
    • To obtain a Montana Driver’s License or State ID Card, the following requirements must be met:
      • Proof of Identity:
        • Examples: U.S. Passport, Birth Certificate, Certificate of Naturalization, or Permanent Resident Card.
      • Proof of Montana Residency:
        • Examples: Utility bills, lease agreements, or bank statements with a Montana address.
      • Proof of Social Security Number:
        • Examples: Social Security Card, W-2, or pay stub.
      • Application Fee:
        • Fees vary depending on the type of ID or license being issued.
      • For Non-Citizens:
        • Additional documentation, such as a valid visa, I-94 form, or Employment Authorization Document (EAD), is required.
        • Montana does not currently issue digital IDs, so no additional requirements exist for acquiring them.
  • What types of identification are accepted for non-citizen or foreign nationals in this state?
    • Montana MVD – Non-Citizen Identification Requirements
    • Non-citizens and foreign nationals in Montana may use the following types of identification for various purposes:
      • Foreign Passport (must be valid and may require a U.S. visa and/or I-94 form for proof of lawful presence).
      • Permanent Resident Card (Green Card).
      • Employment Authorization Document (EAD) issued by the U.S. Citizenship and Immigration Services (USCIS).
      • Consular Identification Cards (issued by foreign governments, such as a Mexican Matricula Consular card, may be accepted in some cases).
      • International Driver’s Permit (IDP) in conjunction with a foreign driver’s license (for driving purposes).
      • Non-citizens must provide proof of lawful presence in the United States when applying for a Montana state ID or driver’s license.
    • Can undocumented individuals obtain a state ID or Drivers license in this state?
      • Montana Code Annotated § 61-5-105 (Driver’s License Eligibility)
      • No, undocumented individuals cannot obtain a Montana state ID or driver’s license. Montana law requires applicants to provide proof of lawful presence in the U.S., such as a valid visa, Permanent Resident Card, or Employment Authorization Document. Without such documentation, individuals are ineligible for state-issued identification.
    • What privacy protections are in place for Digital Id’s in this state?
      • Montana Constitution, Article II, Section 10
      • Montana does not currently issue or officially recognize digital IDs.
      • Privacy protections for personal data are governed by state and federal law, including:
      • Montana Constitution, Article II, Section 10 – Right to Privacy:
        • Montanans have a constitutional right to privacy, which extends to personal information. Any collection, storage, or use of personal data by the government must comply with this provision.
      • Montana Consumer Protection Act:
        • This law governs the protection of personal information and prohibits its unauthorized use or disclosure.
        • If Montana adopts digital IDs in the future, specific privacy protections will likely be implemented to safeguard user data.
    • Can Digital IDs be legally used for law enforcement verification?
      • Since Montana does not currently issue or officially recognize digital IDs, they cannot be legally used for law enforcement verification. Only physical forms of identification, such as a driver’s license, passport, or state ID card, are accepted by law enforcement.

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)
    • Montana Code Annotated § 16-6-305
    • Montana Liquor Laws FAQ
    • Federal Law:
      • Under the National Minimum Drinking Age Act of 1984, individuals under 21 are prohibited from purchasing or publicly possessing alcohol. This law does not regulate access to establishments like bars or restaurants; state laws govern this.
    • Montana State Law:
      • Individuals must generally be 21 years old to enter a bar or alcohol-serving establishment.
    • Exceptions:
      • Persons under 21 may enter a bar or alcohol-serving venue if accompanied by a parent or legal guardian or if the venue allows minors for non-alcohol-related purposes (dining).
      • Employees under 21 may enter such venues if they are working in a non-alcohol-serving capacity.
  • Age permitted to consume Alcohol
    • Montana Code Annotated § 16-6-305
    • Montana Liquor Laws FAQ
    • The legal drinking age in Montana is 21 years old.
    • Exceptions:
      • Minors may consume alcohol in private residences with parental consent or supervision.
      • Alcohol consumption by minors may also be permitted during religious ceremonies (communion).
  • Age permitted to serve Alcohol
  • Age permitted to purchase Alcohol
  • What is the consumable limit (if any)
    • Montana Code Annotated § 61-8-401
    • Montana Liquor Laws FAQ
    • Montana does not have a specific consumable limit for alcohol.
    • Public intoxication laws and DUI (Driving Under the Influence) laws regulate behavior when alcohol consumption impairs an individual’s ability to function or operate a vehicle.
  • What is the purchase limit (if any)
    • Montana Liquor Laws FAQ
    • Montana does not impose a specific purchase limit on the amount of alcohol an individual can buy at one time. 
    • Retailers may impose their own restrictions, and individuals must be 21 years old to purchase alcohol.
  • What is the legal BAC (Blood Alcohol Content) limit in this state?
  • Are there any exceptions for minors consuming alcohol (e.g., religious ceremonies, parental supervision)?
    • Montana Code Annotated § 16-6-305
    • Montana Liquor Laws FAQ
    • Yes, Montana law allows for certain exceptions where minors may legally consume alcohol:
      • Parental Supervision:
        • Minors may consume alcohol under the direct supervision and consent of a parent or legal guardian in a private residence.
      • Religious Ceremonies:
        • Minors may consume alcohol as part of a recognized religious ceremony (communion).
  • What are the penalties for providing alcohol to minors at a private residence?
    • Montana Code Annotated § 16-6-305
    • Montana Liquor Laws FAQ
    • First Offense:
      • Fine of up to $500.
      • Possible imprisonment for up to 6 months.
    • Subsequent Offenses:
      • Increased fines and imprisonment.
    • Civil Liability:
      • Adults who provide alcohol to minors may face civil liability if the minor causes harm to themselves or others while intoxicated.

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)
    • Source
    • Federal Law:
      • Under the Tobacco 21 Law enacted in December 2019, individuals must be 21 years old to purchase or possess tobacco products, including cigarettes, cigars, smokeless tobacco, and vaping products. This applies nationwide and includes entry into tobacco retailers such as cigar shops, smoke shops, or smoking lounges.
    • Montana State Law:
      • Montana follows federal law, requiring individuals to be 21 years old to enter tobacco retailers or smoking lounges unless they are employees of the establishment and meet the age requirements to sell tobacco.
  • Age permitted to use Tobacco
  • Age permitted to sell Tobacco
    • Montana Code Annotated § 16-11-305
    • Individuals must be at least 18 years old to sell tobacco products in Montana. Employees under 21 can sell tobacco products as part of their job but cannot personally purchase or consume them.
  • Age permitted to purchase Tobacco
  • What is the consumable limit (if any)
    • Montana Clean Indoor Air Act
    • Montana does not impose a consumable limit on the amount of tobacco or vaping products an individual can use. However, public smoking and vaping are subject to restrictions under the Montana Clean Indoor Air Act, which bans smoking and vaping in most indoor public spaces.
  • What is the purchase limit (if any)
    • Montana Code Annotated § 16-11-305
    • Montana does not impose a specific purchase limit on the amount of tobacco or vaping products an individual can buy at one time. Retailers are prohibited from selling tobacco products to individuals under 21.
  • Are vaping products regulated differently from traditional tobacco in this state?
    • Source
  • Are flavored vapes or disposable e-cigarettes banned?
    • Montana Clean Indoor Air Act
    • FDA
    • Federal law prohibits the sale of closed-system devices (pods, cartridges) containing e-liquid in flavors other than tobacco or menthol. 
    • Vaping products are included in Montana’s tobacco regulations, meaning they cannot be sold to or possessed by individuals under 21 years old.
    • Vaping is also prohibited in areas covered by the Montana Clean Indoor Air Act, which bans smoking in most indoor public spaces and workplaces.

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
    • Montana Code Annotated § 16-12-105
    • Federal Law:
      • Cannabis remains illegal under federal law as a Schedule I controlled substance under the Controlled Substances Act (CSA). Federal law prohibits the possession, sale, or use of cannabis, regardless of age. States like Montana have legalized cannabis for medical and recreational use under state law.
    • Montana State Law:
      • Individuals must be at least 21 years old to enter a recreational cannabis dispensary or venue.
      • Medical cannabis dispensaries may allow individuals under 21 to enter only if they are registered medical cannabis cardholders or accompanied by a parent/legal guardian who is their designated caregiver.
  • Age permitted to use Cannabis
    • Montana Code Annotated § 16-12-105
    • Recreational cannabis use is legal for individuals aged 21 and older.
    • Medical cannabis use is permitted for qualified patients under the Montana Medical Marijuana Program, regardless of age, with a valid medical cannabis card and caregiver supervision if under 18.
  • Age permitted to sell Cannabis
  • Age permitted to purchase Cannabis
    • Montana Code Annotated § 16-12-105
    • Recreational cannabis may be purchased by individuals aged 21 and older.
    • Medical cannabis may be purchased by qualified patients of any age with a valid medical cannabis card. For patients under 18, a parent/legal guardian must serve as the child’s designated caregiver to purchase cannabis on their behalf.
  • What is the consumable limit (if any)
    • Montana Code Annotated § 16-12-106
    • Recreational Use:
      • Individuals may possess up to 1 ounce of cannabis, which can include:
        • 8 grams of cannabis concentrate, or
        • 800 milligrams of THC in edibles.
    • Medical Use:
      • Qualified medical cannabis patients may possess up to 5 ounces of usable cannabis over a 30-day period.
  • What is the purchase limit (if any)
    • Montana Code Annotated § 16-12-106
    • Recreational Use:
      • Individuals aged 21 and older may purchase up to 1 ounce of cannabis per transaction, including:
        • 8 grams of cannabis concentrate, or
        • 800 milligrams of THC in edibles.
    • Medical Use:
      • Registered medical cannabis cardholders may purchase up to 5 ounces of usable cannabis over a 30-day period.
  • Can minors obtain medical cannabis with a prescription?
    • Montana Code Annotated § 16-12-508
    • Yes, minors can obtain medical cannabis if they are registered as a qualified patient under the Montana Medical Marijuana Program within the following circumstances:
      • A parent or legal guardian must act as the minor’s designated caregiver and is responsible for purchasing, transporting, and administering the cannabis.
      • The minor must have a certification from a licensed physician stating that they suffer from a qualifying medical condition.

Adult Media

  • Age permitted to access Adult Content ONLINE
    • Montana SB 544
      • “Minor” means any person under 18 years of age.
      • A commercial entity that knowingly and intentionally publishes or distributes material harmful to minors on the internet from a website that contains a substantial portion of the material must be held liable if the entity fails to perform reasonable age verification methods to verify the age of individuals attempting to access the material.
  • Age permitted to access Adult Retailers and Venues (Sex shops, Strip Clubs, burlesque)
    • Montana Code Annotated § 45-8-206
    • Individuals must be at least 18 years old to enter adult retail stores (sex shops) or purchase sexually explicit materials.
    • Individuals must be at least 21 years old to enter strip clubs or venues that serve alcohol while offering adult entertainment.
    • Burlesque shows are typically considered “artistic performances” and may not fall under the same legal restrictions as strip clubs, but age restrictions depend on whether alcohol is served.
  • Are websites required to verify age for accessing adult content?
    • Montana SB 544
      • A commercial entity that knowingly and intentionally publishes or distributes material harmful to minors on the internet from a website that contains a substantial portion of the material must be held liable if the entity fails to perform reasonable age verification methods to verify the age of individuals attempting to access the material.
  • What penalties exist for providing minors access to adult material online?
    • Montana SB 544
      •  A commercial entity that is found to have violated this section must be liable to an individual for damages resulting from a minor accessing the material, including court costs and reasonable attorney fees as ordered by the court.
  • What is the minimum age to work in the adult entertainment industry?
    • Title 18 US Code 2557
    • Montana Department of Labor and Industry
    • Federal Law:
      • Under Title 18, Section 2257 of the U.S. Code, all performers in the adult entertainment industry must be at least 18 years old, and producers are required to maintain records verifying the ages of performers.
    • Montana State Law:
      • Montana follows federal law, requiring individuals to be at least 18 years old to work in the adult entertainment industry, including as an adult performer or in adult retail establishments.
      • For strip clubs or venues serving alcohol, individuals must generally be 21 years old to work as performers, as these establishments are regulated under alcohol licensing laws.
  • Are there restrictions on employment terms for adult content creators?
    • Title 18 US Code 2557
    • Federal Law:
      • Adult content creators are subject to federal regulations under Title 18, Section 2257 of the U.S. Code, which requires producers to:
        • Verify and maintain records of performers’ ages (must be at least 18).
        • Ensure compliance with federal obscenity laws.
        • Federal labor laws also apply, including protections against exploitation, harassment, and unsafe working conditions.
    • Montana State Law:
      • Montana does not have specific state laws regulating employment terms for adult content creators. General labor laws apply, including protections against workplace discrimination, harassment, and unsafe conditions.

Voting

  • Age permitted to register to vote in the state
    • Montana Code Annotated § 13-2-205
    • Federal Law:
    • Montana State Law:
      • In Montana, individuals may register to vote if they are:
      • At least 18 years old on or before Election Day, and
      • A United States citizen, and
      • A resident of Montana for at least 30 days before the election.
      • Pre-registration is allowed for individuals who are 17 years old, as long as they will turn 18 years old by Election Day.
  • Age permitted to vote in the state
    • Montana Code Annotated § 13-1-111
    • Federal Law:
      • The 26th Amendment to the U.S. Constitution guarantees the right to vote to individuals who are 18 years old or older.
    • Montana State Law:
      • Individuals must be at least 18 years old on or before Election Day to vote in Montana.
  • What Identification requirements are needed to vote on a regular ballot
    • Montana Code Annotated § 13-13-114
    • To vote on a regular ballot, voters must present an acceptable form of photo identification or an alternative form of identification that includes their name and address. Acceptable forms of ID include:
      • Montana driver’s license or state ID card
      • Tribal photo ID
      • U.S. passport
      • Montana concealed carry permit
      • Military ID card
      • Student photo ID from a Montana post-secondary institution (as long as it includes the voter’s name).
    • If a voter does not have photo ID, they may present another form of identification that includes their name and address, such as:
      • A utility bill
      • Bank statement
      • Paycheck
      • Government document.
  • What Identification requirements are needed to vote on a Provisional ballot
    • Montana Code Annotated § 13-15-107
    • If a voter cannot provide acceptable identification at the polling place, they may cast a provisional ballot.
    • To validate the provisional ballot, the voter must present acceptable identification to the county election office by 5:00 PM the day after the election.
    • Alternatively, the voter may sign a “Polling Place Elector ID Form” affirming their identity, which will allow the ballot to be counted.
  • Voter Restrictions/ Requirements in place federally and within the state.
    • Montana Code Annotated § 13-1-111
    • Help America Vote (HAVA)
    • Voting Rights Act of 1965
    • Federal Law:
      • The Voting Rights Act of 1965 prohibits discrimination in voting based on race, color, or language minority status.
      • The National Voter Registration Act of 1993 (NVRA) requires states to offer voter registration opportunities at motor vehicle departments and other public agencies.
      • The Help America Vote Act of 2002 (HAVA) requires first-time voters who registered by mail to provide proof of identity.
    • Montana State Law:
      • Residency Requirement: Voters must be residents of Montana for at least 30 days before the election.
      • Felony Convictions:
        • Individuals who are incarcerated for a felony conviction are not allowed to vote while in prison.
        • Voting rights are restored upon release from incarceration. Probation or parole does not restrict voting rights.
      • Mental Incapacity:
        • Individuals who have been declared incapacitated by a court may not vote.

Employment

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

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
      • Montana does not have a specific “stop and identify” law, meaning individuals are not required to show ID during a non-vehicular police stop unless:
        • They are operating a motor vehicle.
        • They are under arrest or detained based on probable cause.
        • They are being issued a citation (for a violation or misdemeanor)
    • Can you be detained or arrested for refusing to show ID?
      • Montana Code Annotated § 45-7-302
      • If an officer has reasonable suspicion or probable cause to detain or arrest you, you must provide your name upon request. Refusing to do so could lead to further detention or charges such as obstruction of justice.
      • If there is no legal basis for the stop, you cannot be arrested solely 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?
      • Montana Code Annotated § 45-7-302
      • Montana is not a “stop and identify” state.
      • This means that, outside of specific contexts ( traffic stops or arrests), individuals are not required to provide identification to law enforcement.
      • However, if an officer has probable cause to believe you have committed a crime, they may detain you and ask for your name.
    • Do you have the right to remain silent or refuse to provide ID in certain situations?
      • Fifth Amendment – US Constitution
      • Federal Law:
        • Under the Fifth Amendment to the U.S. Constitution, you have the right to remain silent to avoid self-incrimination.
        • However, in situations where you are lawfully detained, you may be required to provide your name but can otherwise remain silent.
      • Montana State Law:
        • You are not required to provide ID unless you are driving, under arrest, or cited for a violation. Outside of these situations, you may assert your right to remain silent.
  • Public Place ID Requirements
    • Are there any public areas where a person must carry ID?
      • Montana does not have laws requiring individuals to carry ID in public places. You may need to provide ID in specific situations, such as purchasing alcohol, entering age-restricted venues, or interacting with law enforcement during a lawful stop.
    • Are there curfew or loitering laws requiring ID verification?
      • Montana does not have statewide curfew or loitering laws. Local municipalities may have curfew ordinances for minors, and law enforcement may ask for ID to verify age.
  • 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?
  • Passenger ID Requirements in Vehicles
    • Do passengers need to show ID if a vehicle is stopped by law enforcement?
      • ACLU Montana
      • Passengers 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 or violation.
    • Can passengers legally refuse to provide ID?
      • ACLU Montana
      • Yes, passengers can legally refuse to provide ID unless the officer has probable cause or reasonable suspicion to detain them.
  • Curfew Laws for Minors
    • Are minors required to carry ID to prove their age if stopped past curfew?
      • Montana does not have a statewide curfew law, but local ordinances may require minors to prove their age if stopped past curfew hours. In such cases, ID may be requested.
    • What are the penalties for violating curfew laws?
      • Source
      • Local Ordinances:
        • Penalties for minors violating curfew laws may include:
          • A warning.
          • Fines.
          • Notification of parents/guardians.
          • Community service.
  • 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?
      • Montana Code Annotated § 45-7-302
      • Refusing to provide identification when lawfully detained for trespassing may result in:
        • Additional charges, such as obstruction of justice.
        • Continued detention until identity is verified.