Application. – To obtain an identification card, learners permit, or drivers license from the Division, a person shall complete an application form provided by the Division, present at least two forms of identification approved by the Commissioner, be a resident of this State, and, except for an identification card, demonstrate his or her physical and mental ability to drive safely a motor vehicle included in the class of license for which the person has applied. At least one of the forms of identification shall indicate the applicant’s residence address. The Division may copy the identification presented or hold it for a brief period of time to verify its authenticity. To obtain an endorsement, a person shall demonstrate his or her physical and mental ability to drive safely the type of motor vehicle for which the endorsement is required. The application form shall request all of the following information, and it shall contain the disclosures concerning the request for an applicant’s social security number required by section 7 of the federal Privacy Act of 1974, Pub. L. No. 93‑579:
(1) The applicant’s full name.
(2) The applicant’s mailing address and residence address.
(3) A physical description of the applicant, including the applicant’s sex, height, eye color, and hair color.
(4) The applicant’s date of birth.
(5) The applicant’s valid social security number.
(6) The applicant’s signature.
The Division shall not issue an identification card, learners permit, or drivers license to an applicant who fails to provide the applicant’s valid social security number.
(b2) Disclosure of Social Security Number. – The social security number of an applicant is not a public record. The Division may not disclose an applicant’s social security number except as allowed under federal law. A violation of the disclosure restrictions is punishable as provided in 42 U.S.C. § 408, and amendments to that law.
Unexpired Employment Authorization Document (Form I-766 or I-688B)
Valid, unexpired foreign passport (must be accompanied by an affixed valid, unexpired U.S. visa and I-94 Arrival/Departure Record)
Certificate of Naturalization (Form N-550 or N-570)
Certificate of Citizenship (Form N-560 or N-561)
Can undocumented individuals obtain a state ID or Drivers license in this state?
No
What privacy protections are in place for Digital Id’s in this state?
N/A
Can Digital IDs be legally used for law enforcement verification?
N/A
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 statewide minimum age requirement for patrons to enter establishments that serve alcohol, such as bars or restaurants. This means that, under state law, minors can legally enter these venues. Individual business owners have the authority to set their own policies regarding the minimum age for entry into their establishments. These policies can vary, so it’s advisable to check with specific venues about their age requirements
No person who holds any ABC permit issued pursuant to the provisions of Chapter 18B of the General Statutes for the on‑premises sale or consumption of alcoholic beverages, including any mixed beverages, shall employ a youth:
(1) Under 15 years of age on the premises for any purpose, unless the youth is at least 14 years of age and each of the following conditions is met:
a.The person obtains the written consent of a parent or guardian of the youth.
B. The youth is employed to work on the outside grounds of the premises for a purpose that does not involve the preparation, serving, dispensing, or sale of alcoholic beverages.
(2) Under 18 years of age to prepare, serve, dispense or sell any alcoholic beverages, including mixed beverages, except for sale of alcoholic beverages at the point‑of‑sale for only off‑premises consumption.
0.02% for drivers under 21 years old (zero-tolerance policy for minors) (20-138.3)
Are there any exceptions for minors consuming alcohol (e.g., religious ceremonies, parental supervision)?
None explicitly listed – alcohol is never permitted to be served to minors
What are the penalties for providing alcohol to minors at a private residence?
Alcohol is never permitted to be served to minors
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)
North Carolina Law
No physical restriction requirement.
However, state law states you must be 18 to purchase tobacco products
Individuals must be 21 years old to purchase tobacco products in the United States. This law also prohibits anyone under 21 from entering certain tobacco-related venues, such as cigar shops or smoke shops, if they are not accompanied by an adult.
If any person under the age of 18 years purchases or accepts receipt, or attempts to purchase or accept receipt, of tobacco products or cigarette wrapping papers, or presents or offers to any person any purported proof of age which is false, fraudulent, or not actually his or her own, for the purpose of purchasing or receiving any tobacco product or cigarette wrapping papers, the person shall be guilty of a Class 2 misdemeanor; provided, however, that it shall not be unlawful for an employee to purchase or accept receipt of tobacco products or cigarette wrapping papers when required in the performance of the employee’s duties.
If any person under the age of 18 years purchases or accepts receipt, or attempts to purchase or accept receipt, of tobacco products or cigarette wrapping papers, or presents or offers to any person any purported proof of age which is false, fraudulent, or not actually his or her own, for the purpose of purchasing or receiving any tobacco product or cigarette wrapping papers, the person shall be guilty of a Class 2 misdemeanor; provided, however, that it shall not be unlawful for an employee to purchase or accept receipt of tobacco products or cigarette wrapping papers when required in the performance of the employee’s duties.
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
Are flavored vapes or disposable e-cigarettes banned?
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)
Marijuana is not legal for recreational use in North Carolina, but it is decriminalized for possession of a small amount.
Limited Entry. – Entry to medical cannabis centers shall be strictly limited to qualified patients, designated caregivers, and persons whose job duties require their presence in the medical cannabis center, including employees and contractors of the medical cannabis center and State employees with an inspection or regulatory role. The Commission may set other limitations as necessary to protect the public.
Age permitted to use Cannabis
Must be qualified patient and under the care of a designated caregiver that is at least 21
Designated caregiver. – A person who possesses a valid registry identification card issued by the Department authorizing the person to assist a qualifying patient with the medical use of cannabis. A designated caregiver shall be at least 21 years of age unless the person is the parent or legal guardian of each qualifying patient the person assists.
Qualified patient. – A person who has been diagnosed by a physician as having a debilitating medical condition and has received a written certification.
Registry identification card. – A document issued by the North Carolina Department of Health and Human Services pursuant to G.S. 90-113.115 that identifies a person as a qualified patient or a designated caregiver.
Registry identification cardholder. – A qualified patient or a designated caregiver who holds a valid registry identification card issued by the North Carolina Department of Health and Human Services pursuant to G.S. 90-113.115.
(a) Verification System. – The Department shall establish a secure web-based verification system. The verification system shall allow authorized Department personnel, State and local law enforcement personnel, and medical cannabis centers to enter a registry identification card number to determine whether the number corresponds with a current, valid registry identification card. For the purposes of this subsection, the system may disclose only:
(1) Whether the registry identification card is valid.
(2) The name, address, and date of birth of the cardholder.
(3) A photograph of the cardholder, if required by Department rules.
(4) Whether the cardholder is a qualifying patient or a designated caregiver.
(5) The registry identification card number of any associated qualifying patients or designated caregivers.
(6) Only if accessed by a medical cannabis center employee or authorized Department personnel, the amount of cannabis and cannabis-infused products dispensed in the past 30 days.
(7) The delivery method of the cannabis.
(8) The adequate supply of the cannabis or cannabis-infused product.
(b) Verification System Access. – No person or entity may have access to information contained in the Department’s verification system, except for an authorized employee of the Department in the course of official duties or a State or local law enforcement officer in the course of official duties related to a person who claims to be a qualifying patient, designated caregiver, supplier, or supplier agent engaged in conduct authorized in this Article.
(c) Requirement to Check. – Before cannabis or cannabis-infused products may be dispensed to a registry identification cardholder, a medical cannabis center employee shall access the verification system and determine that:
(1) The registry identification card presented at the medical cannabis center is valid.
(2) Each person presenting a registry identification card is the person identified on the registry identification card presented to the medical cannabis center employee.
(3) The amount to be dispensed would not cause a qualifying patient, directly or via the qualifying patient’s designated caregiver, to exceed the limit on obtaining no more than an adequate supply of cannabis or cannabis-infused products during any 30-day period.
(4) The cannabis to be dispensed complies with the delivery method.
(5) After making the determinations required in subdivisions (3) and (4) of this subsection, but before dispensing cannabis or cannabis-infused products to a registry identification cardholder, a medical cannabis center employee shall enter the following information in the verification system:
Violations; penalties; and enhanced sentence for trafficking related to medical cannabis.
(a) Any person who manufactures, sells, delivers, or possesses with intent to manufacture, sell, or deliver cannabis in violation of this Article at a medical cannabis center or production facility shall be punished as a Class G felon.
(b) Any person who creates, sells, delivers, or possesses with intent to sell or deliver counterfeit cannabis in violation of this Article at a medical cannabis center or production facility shall be punished as a Class H felon.
(c) Any person who possesses an amount of cannabis up to 1 1/2 ounces in violation of this Article, at a medical cannabis center or production facility, shall be deemed guilty of a Class A1 misdemeanor.
(d) Any person who possesses an amount of cannabis that exceeds 1 1/2 ounces in violation of this Article, at a medical cannabis center or production facility, shall be punished as a Class H felon.
(e) Any person that provides the Department with false or misleading information in relation to a registry identification card or license shall be deemed guilty of a Class 1 misdemeanor.
Violations; penalties; and enhanced sentence for trafficking related to medical cannabis.
(a) Any person who manufactures, sells, delivers, or possesses with intent to manufacture, sell, or deliver cannabis in violation of this Article at a medical cannabis center or production facility shall be punished as a Class G felon.
(b) Any person who creates, sells, delivers, or possesses with intent to sell or deliver counterfeit cannabis in violation of this Article at a medical cannabis center or production facility shall be punished as a Class H felon.
(c) Any person who possesses an amount of cannabis up to 1 1/2 ounces in violation of this Article, at a medical cannabis center or production facility, shall be deemed guilty of a Class A1 misdemeanor.
(d) Any person who possesses an amount of cannabis that exceeds 1 1/2 ounces in violation of this Article, at a medical cannabis center or production facility, shall be punished as a Class H felon.
(e) Any person that provides the Department with false or misleading information in relation to a registry identification card or license shall be deemed guilty of a Class 1 misdemeanor.
Can minors obtain medical cannabis with a prescription?
Qualified Patients Under Age 18. – The Department may not issue or renew a registry identification card to a qualified patient under 18 years of age unless each of the following criteria is met:
(1) The qualified patient’s physician has explained the potential risks and benefits of the medical use of cannabis to the qualified patient and to a parent, guardian, or person having legal custody of the qualified patient.
(2) The qualified patient’s physician restricts the qualified patient’s use of cannabis to a noninhalation consumption method, and the qualified patient and the qualified patient’s designated caregivers agree to comply with this restriction.
(3) A parent, guardian, or person having legal custody of the qualified patient consents in writing to (i) allow the qualified patient’s medical use of cannabis, (ii) serve as one of the qualified patient’s designated caregivers, and (iii) control the acquisition of the cannabis, the dosage, and the frequency of the medical use of cannabis by the qualified patient.
18 – Age Verification Required. – Any 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 such material shall, through use of (i) a commercially available database that is regularly used by businesses or governmental entities for the purpose of age and identity verification, or (ii) another commercially reasonable method of age and identity verification, verify the age of the individuals attempting to access the material.
Minor. – An individual who is less than 18 years old and is not married or judicially emancipated.
Age permitted to access Adult Retailers and Venues (Sex shops, Strip Clubs, burlesque)
Age Verification Required. – Any 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 such material shall, through use of (i) a commercially available database that is regularly used by businesses or governmental entities for the purpose of age and identity verification, or (ii) another commercially reasonable method of age and identity verification, verify the age of the individuals attempting to access the material.
What penalties exist for providing minors access to adult material online?
(c) Civil Liability. – Any commercial entity, or third party that performs the required age verification on behalf of the commercial entity, shall be subject to civil liability for any violation of this section.
(d) Cause of Action. – A civil action may be brought against any commercial entity, or third party that performs the required age verification on behalf of the commercial entity, that violates this section by any of the following:
(1) A parent or guardian whose minor was allowed access to the material.
(2) Any person whose identifying information is retained in violation of this section
(e) Relief and Damages. – Any person authorized to institute a civil action by subsection (d) of this section may seek and a court may award any or all of the following types of relief:
(1) An injunction to enjoin continued violation of this section.
(2) Compensatory and punitive damages.
(3) All costs, expenses, and fees related to the civil suit investigation and proceedings associated with the violation, including attorney’s fees. Any judgment awarded under this section shall be subject to legal interest as provided in G.S. 24‑5.
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?
No youth under 18 years of age may be employed by an employer in any occupation which the United States Department of Labor shall find and by order declare to be hazardous and without exemption under the Fair Labor Standards Act, or in any occupation which the Commissioner of Labor after public hearing shall find and declare to be detrimental to the health and well‑being of youths.
Are there restrictions on employment terms for adult content creators?
(a) Information Requested of Applicant. – The form required by G.S. 163‑82.3(a) shall request the applicant’s:
(1) Name,
(2) Date of birth,
(3) Residence address,
(4) County of residence,
(5) Date of application,
(6) Gender,
(7) Race,
(8) Ethnicity,
(9) Political party affiliation, if any, in accordance with subsection (d) of this section,
(10) Telephone number (to assist the county board of elections in contacting the voter if needed in processing the application),
(11) Drivers license number or, if the applicant does not have a drivers license number, the last four digits of the applicant’s social security number, and any other information the State Board finds is necessary to enable officials of the county where the person resides to satisfactorily process the application
The following question and statement:
a. “Are you a citizen of the United States of America?” and boxes for the applicant to check to indicate whether the applicant is or is not a citizen of the United States.
b. “If you checked “no’ in response to this question, do not submit this form.”
The following question and statement:
a. “Will you be 18 years of age on or before election day?” and boxes for the applicant to check to indicate whether the applicant will be 18 years of age or older on election day.
b. “If you checked “no’ in response to this question, do not submit this form.”
a. “Will you be 18 years of age on or before election day?” and boxes for the applicant to check to indicate whether the applicant will be 18 years of age or older on election day.
b. “If you checked “no’ in response to this question, do not submit this form.”
What Identification requirements are needed to vote on a regular ballot
Photo ID Not required; however, there must be an Exception Form (see below for more information regarding Provisional Ballot information cast along with the exception form)
What Identification requirements are needed to vote on a Provisional ballot
Provisional Ballot – Exception Form – If any voter is unable to show photo ID when voting (whether in person or by mail), they may fill out an ID Exception Form and vote their ballot. The voter will choose from the following permitted exceptions:
The voter has a “reasonable impediment” to showing photo ID. This means that something is preventing the voter from showing ID. The voter must provide their reason by selecting from the following choices on the form.
You cannot get an ID because of:
Lack of transportation
Disability or illness
Lack of birth certificate or other documents needed to get an ID
Work or school schedule
Family responsibilities
Photo ID is lost, stolen, or misplaced
Applied for photo ID but have not received it
(For mail voters only) Unable to attach a copy of photo ID (Voter must include driver’s license number or last four digits of Social Security number on the form)
Other reasonable impediment (if selected, the voter must write the reason on the form)
State or federal law prohibits voter from listing the reason
The voter has a religious objection to being photographed.
The voter was a victim of a natural disaster within 100 days before Election Day that resulted in a disaster declaration by the President of the United States or the Governor of North Carolina.
Voter Restrictions/ Requirements in place federally and within the state.
(a) Notwithstanding any provision of law to the contrary, an individual who is qualified to register to vote may register in person and then vote at an early voting site in the individual’s county of residence during the period for early voting provided under Part 5 of Article 14A of this Chapter.
(b) To register and vote under this section, an individual shall do all of the following:
(1) Complete a voter registration application form as prescribed in G.S. 163‑82.4.
(2) Provide proof of residence by presenting a HAVA document listing the individual’s current name and residence address.
(3) Present photo identification in accordance with G.S. 163‑166.16.
(c) An applicant who registers under this section shall vote a retrievable ballot as provided in G.S. 163‑166.45 immediately after submitting the voter registration application form.
(d) Within two business days of the individual’s registration under this section, the county board of elections in conjunction with the State Board shall verify the North Carolina drivers license or social security number in accordance with G.S. 163‑82.12, update the statewide registration database, search for possible duplicate registrations, and proceed under G.S. 163‑82.7 to verify the applicant’s address. The applicant’s vote shall be counted unless the county board determines that the applicant is not qualified to vote in accordance with this Chapter. Notwithstanding any other provision of this Chapter, if the Postal Service returns the first notice required under G.S. 163‑82.7(c) as undeliverable before the close of business on the business day before canvass, the county board shall not register the applicant and shall retrieve the applicant’s ballot and remove that ballot’s votes from the official count.
(e) For purposes of this section, a “HAVA document” is any of the following that shows the name and address of the individual:
(1) A current utility bill.
(2) A current bank statement.
(3) A current government check.
(4) A current paycheck.
(5) Another current government document.
(6) A current document issued from the institution who issued the photo identification shown by the voter pursuant to G.S. 163‑166.16. (2023‑140, s.10(a).)
Legal
Laws on Presenting Identification to Law Enforcement
Under what circumstances is a person required to show ID to police?
You are not legally required to provide ID unless you are under arrest, but refusal may lead to further questioning or detainment.
Upon the arrest of a person, with or without a warrant, but not necessarily in the order hereinafter listed, a law‑enforcement officer:
(1) Must inform the person arrested of the charge against him or the cause for his arrest.
(2) Must, with respect to any person arrested without a warrant and, for purpose of setting bail, with respect to any person arrested upon a warrant or order for arrest, take the person arrested before a judicial official without unnecessary delay.
Any person operating or in charge of a motor vehicle, when requested by an officer in uniform, or, in the event of accident in which the vehicle which he is operating or in charge of shall be involved, when requested by any other person, who shall refuse to write his name for the purpose of identification or to give his name and address and the name and address of the owner of such vehicle, or who shall give a false name or address, or who shall refuse, on demand of such officer or such other person, to produce his license and exhibit same to such officer or such other person for the purpose of examination, or who shall refuse to surrender his license on demand of the Division, or fail to produce same when requested by a court of this State, shall be guilty of a Class 2 misdemeanor.
What are the consequences of refusing to show ID during a traffic stop?
or who shall refuse to surrender his license on demand of the Division, or fail to produce same when requested by a court of this State, shall be guilty of a Class 2 misdemeanor.
Passenger ID Requirements in Vehicles
Do passengers need to show ID if a vehicle is stopped by law enforcement?
No requirement to show ID unless the officer believes the passenger is actively committing a crime
Can passengers legally refuse to provide ID?
No requirement to show ID unless the officer believes the passenger is actively committing a crime
Curfew Laws for Minors
Are minors required to carry ID to prove their age if stopped past curfew?
Depends on local regulations and laws
What are the penalties for violating curfew laws?
Depends on local regulations and laws
Trespassing and ID Requirements
Can police demand ID if someone is suspected of trespassing?
(a) If any person shall willfully and unlawfully resist, delay or obstruct a public officer in discharging or attempting to discharge an official duty, the person is guilty of a Class 2 misdemeanor.
(b) If any person shall willfully and unlawfully resist, delay, or obstruct a public officer in discharging or attempting to discharge an official duty, and the resistance, delay, or obstruction is the proximate cause of a public officer’s serious injury, the person is guilty of a Class I felony.
(c) If any person shall willfully and unlawfully resist, delay, or obstruct a public officer in discharging or attempting to discharge an official duty, and the resistance, delay, or obstruction is the proximate cause of a public officer’s serious bodily injury, the person is guilty of a Class F felony
What are the consequences of refusing to provide identification in such situations?
(a) If any person shall willfully and unlawfully resist, delay or obstruct a public officer in discharging or attempting to discharge an official duty, the person is guilty of a Class 2 misdemeanor.
(b) If any person shall willfully and unlawfully resist, delay, or obstruct a public officer in discharging or attempting to discharge an official duty, and the resistance, delay, or obstruction is the proximate cause of a public officer’s serious injury, the person is guilty of a Class I felony.
(c) If any person shall willfully and unlawfully resist, delay, or obstruct a public officer in discharging or attempting to discharge an official duty, and the resistance, delay, or obstruction is the proximate cause of a public officer’s serious bodily injury, the person is guilty of a Class F felony.