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North Dakota
North Dakota

Identification

  • Acceptable Identification
    • N.D. Century Code § 16.1-01-04.1
    • North Dakota does not require voter registration, but individuals must provide valid identification to vote or access certain government services. The following are generally accepted forms of identification in the state:
    • Physical Identification:
      • Primary Forms:
        • Valid, unexpired North Dakota Driver’s License or State ID Card
        • U.S. Birth Certificate (state-certified; government-issued)
        • Valid, unexpired U.S. Passport or Passport Card
        • Permanent Resident Card (Green Card)
        • Certificate of Naturalization
        • Valid, unexpired Employment Authorization Document (EAD)
        • Valid, unexpired Foreign Passport with I-94
        • I-94 Card stamped Refugee or Asylee
           Note: All documents must be original or certified copies; photocopies are not accepted.
    • Acceptable Digital Identification
    • What requirements are needed to acquire acceptable ID’ and Acceptable Digital ID’s
      • N.D. Century Code § 39-06-07
      • Physical ID Requirements:
        • To obtain a North Dakota driver’s license or non-driver’s ID, applicants must provide:
        • Proof of Identity: Birth certificate, passport, or other government-issued document.
        • Proof of Social Security Number (SSN): Social Security card, W-2, or pay stub with SSN.
        • Proof of North Dakota Residency: Utility bill, lease agreement, or other document showing a North Dakota address.
      • Digital ID Requirements:
        • To utilize the forthcoming mDL, individuals must possess a valid physical North Dakota driver’s license or state ID. Specific enrollment procedures and requirements will be established upon the program’s official launch
  • What types of identification are accepted for non-citizen or foreign nationals in this state?
    • N.D. Century Code § 39-06.2-07
    • Non-citizens or foreign nationals can use the following types of identification in North Dakota:
      • Foreign Passport: A valid passport issued by a foreign government.
      • Permanent Resident Card (Green Card): Issued by the U.S. Citizenship and Immigration Services (USCIS).
      • Employment Authorization Document (EAD): Issued by USCIS.
      • Visa with I-94 Form: For temporary visitors.
    • Non-citizens can also apply for a North Dakota non-driver’s ID or driver’s license if they meet the residency and documentation requirements, including proof of lawful presence in the U.S.
  • Can undocumented individuals obtain a state ID or Drivers license in this state?
    • N.D. Century Code § 39-06-07.1
    • No, undocumented individuals cannot obtain a state ID or driver’s license in North Dakota.
    • Applicants must provide proof of lawful presence in the United States, such as a valid visa, green card, or other immigration document.
    • North Dakota does not currently offer a pathway for undocumented individuals to obtain driving privileges or state identification.
  • What privacy protections are in place for Digital Id’s in this state?
    • North Dakota Privacy Policy
    • As North Dakota moves toward implementing digital IDs, specific privacy protections are under consideration. The state aims to ensure that personal information associated with digital IDs is securely managed and protected against unauthorized access. Details regarding these privacy measures will be clarified upon the official rollout of the mDL program.
  • Can Digital IDs be legally used for law enforcement verification?
    • Legislation has been introduced to permit the use of digital IDs for law enforcement verification. House Bill 1588 allows residents to present a digital image of their valid driver’s license or non-driver identification card stored on a mobile device during traffic stops or other encounters with 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)
    • N.D. Century Code § 5-02-06
    • Federal Law:
      • The National Minimum Drinking Age Act of 1984 requires states t the age of 21 from purchasing or publicly possessing alcohol. Federal law does not regulate access to bars or alcohol-serving venues, leaving that to state law.
    • North Dakota State Law:
      • Individuals must be at least 21 years old to enter bars or alcohol-serving venues where the primary business is the sale of alcohol.
      • Exceptions:
        • Minors aged 18–20 may enter bars or alcohol-serving venues if they are employees of the establishment and their job requires them to be present.
        • Minors may also enter restaurants that serve alcohol, provided the establishment primarily serves food and not alcohol.
  • Age permitted to consume Alcohol
    • N.D. Century Code § 5-01-08
    • The legal drinking age in North Dakota is 21 years old.
    • Exceptions:
      • Minors may consume alcohol in a private residence if given by a parent, legal guardian, or spouse who is at least 21 years old.
      • Minors may also consume alcohol as part of a religious ceremony (communion).
  • Age permitted to serve Alcohol
    • N.D. Century Code § 5-02-06
    • Individuals must be at least 21 years old to serve alcohol in a bar or restaurant.
    • Exceptions:
      • Individuals aged 19–20 may serve alcohol only if they are under the direct supervision of someone 21 or older.
  • Age permitted to purchase Alcohol
  • What is the consumable limit (if any)
    • N.D. Century Code § 5-01-05.1
    • There is no specific legal limit on the amount of alcohol a person can consume in North Dakota. Public intoxication and driving under the influence (DUI) laws apply if consumption leads to unsafe behavior or exceeds the legal BAC (Blood Alcohol Content) limit.
  • What is the purchase limit (if any)
    • N.D. Century Code § 5-01-16
    • There is no specific legal limit on the amount of alcohol a person can purchase in North Dakota. Alcohol retailers may impose their own restrictions.
    • Bulk purchases may be flagged for investigation if they appear to be intended for resale without a proper license.
  • What is the legal BAC (Blood Alcohol Content) limit in this state?
    • N.D. Century Code § 39-08-01
    • The legal BAC limit for drivers in North Dakota is:
      • 0.08% for drivers aged 21 and older.
      • 0.02% for drivers under the age of 21 (zero-tolerance policy).
      • 0.04% for commercial drivers.
  • Are there any exceptions for minors consuming alcohol (e.g., religious ceremonies, parental supervision)?
    • N.D. Century Code § 5-01-08
    • Yes, there are exceptions for minors consuming alcohol:
      • Parental Supervision: Minors may consume alcohol in a private residence if provided by a parent, legal guardian, or spouse who is at least 21 years old.
      • Religious Ceremonies: Minors may consume alcohol as part of a religious ceremony, such as communion.
  • What are the penalties for providing alcohol to minors at a private residence?
    • N.D. Century Code § 5-01-09
    • It is illegal to provide alcohol to minors at a private residence unless the provider is the minor’s parent, legal guardian, or spouse who is at least 21 years old.
    • Penalties for unlawfully providing alcohol to minors:
      • Class A Misdemeanor: Up to 360 days in jail and/or a fine of up to $3,000.

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)
    • N.D. Century Code § 12.1-31-03
    • FDA Tobacco
    • Federal Law:
      • FDA Tobacco 
      • 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.
    • North Dakota State Law:
      • North Dakota aligns with federal law, requiring individuals to be 21 years old to enter tobacco retailers or venues where the primary business is the sale or use of tobacco products.
      • Exceptions:
        • Minors may enter tobacco shops if they are accompanied by a parent, legal guardian, or adult spouse who is at least 21 years old.
  • Age permitted to use Tobacco
    • N.D. Century Code § 12.1-31-03
    • The legal age to use tobacco products, including cigarettes, cigars, smokeless tobacco, and vaping devices, is 21 years old.
    • There are no exceptions for minors to use tobacco in private residences or under parental supervision.
  • Age permitted to sell Tobacco
    • N.D. Century Code § 12.1-31-03.1
    • Individuals must be at least 18 years old to sell tobacco products in North Dakota.
    • Employees under 21 years old may sell tobacco products as part of their job but cannot personally purchase or consume these products.
  • Age permitted to purchase Tobacco
    • N.D. Century Code § 12.1-31-03
    • Federal Law:
      • Under the Tobacco 21 Law, individuals must be 21 years old to purchase tobacco products in the United States.
    • North Dakota State Law:
      • North Dakota aligns with federal law, requiring individuals to be 21 years old to purchase tobacco products, including cigarettes, cigars, smokeless tobacco, and vaping devices.
  • What is the consumable limit (if any)
    • N.D. Century Code § 23-12-10
    • There is no specific legal limit on the amount of tobacco a person can consume in North Dakota. Public smoking laws prohibit smoking in certain places, such as workplaces, restaurants, and public buildings.
  • What is the purchase limit (if any)
    • N.D. Century Code § 12.1-31-03
    • There is no specific legal limit on the amount of tobacco products a person can purchase in North Dakota. Retailers may impose their own restrictions on bulk purchases.
    • Federal laws prohibit the resale of tobacco products without proper licensing.
  • Are vaping products regulated differently from traditional tobacco in this state?
    • N.D. Century Code § 12.1-31-03
    • FDA Tobacco
    • Federal Law:
      • The FDA regulates vaping products as tobacco products under the Family Smoking Prevention and Tobacco Control Act.
      • Vaping products, including e-cigarettes, are subject to the same federal age restrictions (21 years old) and marketing regulations as traditional tobacco products.
    • North Dakota State Law:
      • North Dakota treats vaping devices and e-cigarettes as tobacco products.
      • The same laws regarding age restrictions, purchase, and use apply to vaping products as they do to cigarettes and other traditional tobacco products.
  • Are flavored vapes or disposable e-cigarettes banned?
    • FDA Guidance on Flavored Vaping Products
    • FDA Tobacco
    • Federal Law:
      • The FDA prohibits the sale of flavored closed-system devices (pods or cartridges) containing e-liquid in flavors other than tobacco or menthol.
      • Disposable e-cigarettes and open-system devices (refillable tanks) are not subject to the same flavor restrictions, though some states have enacted bans on flavored vaping products.
    • North Dakota State Law:
      • North Dakota does not have a state-level ban on flavored vaping products or disposable e-cigarettes.
      • Retailers must comply with federal laws, meaning flavored pods or cartridges (other than tobacco or menthol) are prohibited. Open-system devices and disposables with other flavors remain legal in the state.

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)
    • N.D. Century Code § 19-24.1
    • Federal Law:
      • Cannabis remains illegal under federal law as a Schedule I controlled substance under the Controlled Substances Act (CSA). The federal government has largely deferred to states to regulate cannabis for medical or recreational use within their borders.
    • North Dakota State Law:
      • North Dakota allows medical cannabis use only. Recreational cannabis is not legal in the state.To access a medical cannabis dispensary, individuals must:
        • Be at least 19 years old, or
        • Be a minor with a designated caregiver who is at least 21 years old.
      • Smoke shops that sell cannabis paraphernalia ( pipes or bongs) may require individuals to be 21 years old to enter, as these items are often associated with tobacco use.
  • Age permitted to use Cannabis
    • N.D. Century Code § 19-24.1-03
    • Only individuals with a valid medical cannabis card may use cannabis in North Dakota.
    • The minimum age to use medical cannabis is 19 years old, unless the individual is a minor with a qualifying medical condition and a designated caregiver.
    • Recreational cannabis use is not legal in North Dakota.
  • Age permitted to sell Cannabis
    • N.D. Century Code § 19-24.1-14
    • Individuals must be at least 21 years old to work at or operate a licensed medical cannabis dispensary.
    • Employees must undergo a background check and meet all state licensing requirements.
  • Age permitted to purchase Cannabis
    • N.D. Century Code § 19-24.1-06
    • Only individuals with a valid medical cannabis card may purchase cannabis in North Dakota.
    • The minimum age to purchase medical cannabis is 19 years old, unless the individual is a minor whose caregiver makes the purchase on their behalf.
  • What is the consumable limit (if any)
    • N.D. Century Code § 19-24.1-15
    • For medical cannabis patients, the consumable limit is based on the state’s guidelines for medical cannabis use:
      • 3 ounces of dried cannabis flower per 30-day period.
      • Patients may also possess up to 2,000 milligrams of THC in other forms, such as edibles, tinctures, or concentrates, during the same 30-day period.
  • What is the purchase limit (if any)
    • N.D. Century Code § 19-24.1-15
    • Medical cannabis patients may purchase:
      • Up to 3 ounces of dried cannabis flower per 30-day period.
      • Up to 2,000 milligrams of THC in other forms (edibles, tinctures, or concentrates) per 30-day period.
    • Dispensaries are required to track purchases to ensure patients do not exceed these limits.
  • Can minors obtain medical cannabis with a prescription?
    • N.D. Century Code § 19-24.1-04
    • Yes, minors may obtain medical cannabis if they meet the following conditions:
      • The minor has a qualifying medical condition as determined by a licensed healthcare provider.
      • The minor’s parent or legal guardian acts as their designated caregiver.
      • The designated caregiver must apply for and obtain a caregiver registry identification card from the North Dakota Department of Health.
      • The caregiver must purchase and administer the medical cannabis on behalf of the minor.

Adult Media

  • Age permitted to access Adult Content ONLINE
    • North Dakota SB 2380
      • “Minor” means an individual under eighteen years of age.
      • A commercial entity that knowingly publishes or distributes sexual material harmful to a minor 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 an individual attempting to access the material.
  • Age permitted to access Adult Retailers and Venues (Sex shops, Strip Clubs, burlesque)
    • N.D. Century Code § 12.1-27.1-01
    • Individuals must be at least 18 years old to enter adult-oriented retail stores (sex shops) or venues (strip clubs).
    • Some establishments ( those serving alcohol) may enforce a higher minimum age of 21 years old due to alcohol licensing laws.
  • Are websites required to verify age for accessing adult content?
    • North Dakota SB 2380
      • “Reasonable age verification methods” includes verifying the individual seeking to access the material is eighteen years of age or older by using:
        • (1) A digitized identification card; or
        • (2) Requiring the individual attempting to access the material to comply with a commercial age verification system including the use of:
          • (a) Government-issued identification;
          • (b) A commercially available database regularly used by a business or government entity for the purpose of age and identity verification; or
          • (c) Any commercially reasonable method that relies on public or private transactional data to verify the age of the individual attempting to access the information is eighteen years of age or older
  • What penalties exist for providing minors access to adult material online?
    • North Dakota SB 2380
      • A commercial entity found to have violated subsection 2 or 3 is liable for damages.
  • What is the minimum age to work in the adult entertainment industry?
    • Title 18 US Code 2557
    • N.D. Century Code § 12.1-27.1-03
    • Federal Law:
      • Under Title 18 U.S. Code § 2257, individuals must be at least 18 years old to participate in the production of sexually explicit content. Producers are required to maintain records proving performers’ ages.
    • North Dakota State Law:
      • North Dakota prohibits individuals under 18 years old from working in any adult-oriented businesses, including strip clubs, sex shops, or the production of explicit content.
  • Are there restrictions on employment terms for adult content creators?
    • Title 18 US Code 2557
    • Federal Law:
      • Under Title 18 U.S. Code § 2257, federal law mandates that:
        • Producers of sexually explicit content must maintain detailed age verification records for all performers.
        • These records must include government-issued identification to prove performers are at least 18 years old.
        • Producers must make these records available for inspection by federal authorities.
    • North Dakota State Law:
      • North Dakota does not have specific state laws regulating employment terms for adult content creators beyond the federal requirements.

Voting

  • Age permitted to register to vote in the state
    • N.D. Century Code § 16.1-01-04
    • Federal Law:
    • North Dakota State Law:
      • North Dakota is unique in that it does not require voter registration. Instead, eligible voters simply need to provide valid identification when voting.
      • To vote in North Dakota, individuals must meet the following age requirements:
        • Be at least 18 years old on or before Election Day.
        • There is no formal voter registration process in North Dakota, so no pre-registration is required for individuals under 18.
  • Age permitted to vote in the state
  • What Identification requirements are needed to vote on a regular ballot
    • N.D. Century Code § 16.1-05-07
    • To vote on a regular ballot in North Dakota, voters must present one of the following forms of valid identification:
      • A North Dakota driver’s license.
      • A North Dakota non-driver’s identification card.
      • A tribal government-issued identification card.
      • A long-term care certificate issued by a North Dakota facility.
    • The identification must include the following information:
      • The voter’s name.
      • The voter’s current residential address.
      • The voter’s date of birth.
  • What Identification requirements are needed to vote on a Provisional ballot
    • N.D. Century Code § 16.1-05-07
    • North Dakota does not use provisional ballots in the same way as other states because voters are not required to register in advance.
    • If a voter does not have valid identification at the polling place, they may cast a set-aside ballot (similar to a provisional ballot).
    • To have their vote counted, the voter must provide valid identification to the election office before the canvassing deadline (typically within 6 days after the election).
  • Voter Restrictions/ Requirements in place federally and within the state.
    • N.D. Century Code § 16.1-01-04
    • Help America Vote Act (HAVA)
    • Voting Rights Act of 1965
    • Federal Requirements:
      • Under the Help America Vote Act (HAVA), first-time voters who register by mail and have not previously provided identification must present a valid form of ID when voting.
      • The Voting Rights Act of 1965 prohibits discriminatory practices in voting and ensures access to the ballot for all eligible voters.
      • The National Voter Registration Act of 1993 (NVRA) requires states to make voter registration available at motor vehicle agencies and other public offices but does not apply to North Dakota since the state does not require voter registration.
    • North Dakota State Requirements:
      • Residency Requirements: Voters must be residents of North Dakota and must have lived in their voting precinct for at least 30 days before the election.
      • Identification Requirements: Voters must present valid identification at the polling place (as listed above).
      • Felony Disenfranchisement: Individuals who are currently incarcerated for a felony conviction are not allowed to vote. Voting rights are automatically restored upon release.
      • No Voter Registration: North Dakota is the only state that does not require voter registration. Instead, voters are identified at the polls using valid ID.

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
      • Federal Law:
        • Under the U.S. Supreme Court case Terry v. Ohio, 392 U.S. 1 (1968), law enforcement officers may stop and briefly detain a person if they have reasonable suspicion that the individual is involved in criminal activity.
        • In states with “Stop and Identify” laws, individuals may be required to provide their name or identification during a lawful stop.
      • North Dakota State Law:
        • North Dakota does not have a “Stop and Identify” law. This means individuals are generally not required to present identification unless they are:
          • Driving a motor vehicle (see traffic stop section below), or
          • Lawfully detained or arrested, and the officer has reasonable suspicion or probable cause that the person is involved in a crime.
    • Can you be detained or arrested for refusing to show ID?
      • N.D. Century Code § 12.1-08-02
      • If a person refuses to provide identification when lawfully detained or arrested, they may face additional charges such as obstruction of a government function under N.D. Century Code § 12.1-08-02.
      • If a person is stopped but not under arrest or detention, they are generally not required to show identification and cannot be arrested solely for refusing to provide it.
  • “Stop and Identify” Laws in this state
    • What is this state’s specific laws regarding police stops and ID requirements?
      • N.D. Century Code § 12.1-08-02
      • North Dakota does not have a “Stop and Identify” law.
      • This means that, unless you are driving or lawfully detained, you are not required to provide identification during a police stop.
    • Do you have the right to remain silent or refuse to provide ID in certain situations?
      • Fifth Amendment – US Constitution
      • Federal Law:
        • The Fifth Amendment of the U.S. Constitution protects individuals from self-incrimination, which means you have the right to remain silent and not answer questions from law enforcement. This does not always extend to refusing to provide ID in situations where it is legally required (during a traffic stop).
      • North Dakota State Law:
        • In North Dakota, you have the right to remain silent if you are not required to provide identification (if you are not driving or lawfully detained).
        • If you are lawfully detained or arrested, refusing to provide ID may result in additional charges.
  • Public Place ID Requirements
    • Local ordinances ( Fargo, Bismarck) may impose curfew laws for minors.
      Are there any public areas where a person must carry ID?

      • North Dakota does not have laws requiring individuals to carry identification in public places unless they are engaging in activities that require ID (driving, purchasing alcohol).
    • Are there curfew or loitering laws requiring ID verification?
      • Some North Dakota cities and municipalities may have curfew laws for minors. Minors stopped past curfew may be required to provide proof of age. There is no statewide requirement for adults to carry ID in public places.
  • Traffic Stops and ID Requirements
    • Are you required to provide an ID when pulled over by law enforcement?
      • N.D. Century Code § 39-06-16
      • Yes, under N.D. Century Code § 39-06-16, drivers in North Dakota are required to present a valid driver’s license, vehicle registration, and proof of insurance when requested by law enforcement during a traffic stop.
    • What are the consequences of refusing to show ID during a traffic stop?
      • N.D. Century Code § 39-06-16
      • Refusing to provide a driver’s license or other required documentation during a traffic stop can result in:
        • Being cited for failure to carry a driver’s license under N.D. Century Code § 39-06-16, which is an infraction.
        • Possible arrest if the refusal escalates to obstruction of a government function under N.D. Century Code § 12.1-08-02.
  • Passenger ID Requirements in Vehicles
    • Do passengers need to show ID if a vehicle is stopped by law enforcement?
      • Terry v. Ohio, 392 US
      • Passengers are generally not required to provide identification during a traffic stop unless the officer has reasonable suspicion that the passenger is involved in criminal activity.
    • Can passengers legally refuse to provide ID?
      • Terry v. Ohio, 392 US
      • Yes, passengers can legally refuse to provide ID unless they are being lawfully detained or arrested. Refusal to cooperate may escalate the situation, so it is advisable to remain calm and assert your rights respectfully.
  • Curfew Laws for Minors
    • Are minors required to carry ID to prove their age if stopped past curfew?
      • Local ordinances (Fargo, Bismarck).
      • Some North Dakota cities and municipalities may have curfew laws for minors. While minors are not explicitly required to carry ID, they may need to provide proof of age if stopped by law enforcement.
    • What are the penalties for violating curfew laws?
      • Penalties for violating curfew laws are typically minor and may include:
        • A warning or citation for the minor.
        • Fines or community service.
        • Notification of the minor’s parents or guardians.
  • 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?
      • N.D. Century Code § 12.1-22-03
      • N.D. Century Code § 12.1-08-02
      • Refusing to provide identification when suspected of trespassing may result in:
        • Being charged with obstruction of a government function under N.D. Century Code § 12.1-08-02.
        • Arrest if the officer has probable cause to believe the individual is trespassing.