(3) The Driver License Examiner will require positive proof of identity, date of birth, citizenship, lawful permanent residency, and Tennessee residency of any person applying for any class of Federally Compliant License.
(4) The Department reserves the right to require primary proof of identity on other transactions as determined by the Department.
(5) Primary Identity Documents
(a) For applicants seeking to obtain a Federally Compliant License the acceptable primary identity documents are limited to those approved by DHS pursuant to 6 C.F.R. Part 37 that include original or certified documents with applicant’s full legal name and date of birth. Acceptable documents are:
1. Certified Birth Certificate registered with the applicant’s State Office of Vital Statistics or equivalent agency in the individual’s State of birth;
2. Valid, unexpired U.S. passport;
3. Consular Report of Birth Abroad (CRBA) issued by the U.S. Department of State (DS-1350 or FS-545) or Report of Birth Abroad (FS-240);
4. Valid, unexpired Permanent Resident Card (Form I-551) issued by DHS or INS;
5. Unexpired employment authorization document (EAD) issued by DHS, (I-766 or I-688B);
6. Unexpired foreign passport with a valid, unexpired U.S. visa affixed and accompanied by the approved I-94 form documenting the applicant’s most recent admittance into the United States;
7. Certificate of Naturalization issued by DHS (N-550 or N-570);
8. Certificate of Citizenship issued by DHS (N-560 or N-561);
9. Federally compliant driver license or identification card issued in compliance with the standards established by 6 C.F.R. Part 37; and
10. Such other documents as DHS may designate by notice published in the Federal Register.
(6) Social Security Number
(a) In addition to providing primary identification, an applicant must provide proof of their Social Security Number, which shall be verified by the Department, for issuance of a Federally Compliant License or Federally Compliant CDL. Acceptable proof includes the following items as authorized by 6 C.F.R. Part 37:
1. Social Security Card (does not include metal or plastic replicas);
2. IRS Forms (W-2; SSA-1099); Non-SSA 1099 forms may also be accepted such as those issued for gambling winnings or other non-work compensation that may be on local jurisdiction 1099 forms;
3. Computerized Paycheck Stubs with the applicant’s name and SSN printed on it; and
4. Such other documents as DHS may designate by notice published in the Federal Register.
(b) Individuals presenting the unexpired foreign passport ( 1340-01-13-.24(5)(f)) as primary identity document must present a verified SSN or demonstrate non-work authorized status through DHS or USCIS.
(c) The SSN will be verified through a Social Security Administration verification process that is compliant with 6 C.F.R. § 37.13(b)(2).
(7) Citizenship, Permanent Residence, or Lawful Presence
(a) Applicants applying for a Federally Compliant License shall present proof acceptable to the Department that such applicant is a United States citizen or a lawful permanent resident of the United States. Such proof is limited to the following items as authorized by 6 C.F.R. Part 37:
1. Certified Birth Certificate issued by a U.S. state, jurisdiction or territory (Puerto Rico, U.S. Virgin Islands, Northern Mariana Islands, American Samoa, Guam);
2. U.S. Consular Report of Birth Abroad (DS-1350 or FS-545);
3. Report of Birth Abroad of a Citizen of the U.S. (FS-240);
4. Valid, unexpired U.S. Passport;
5. Certificate of Naturalization (N550, N570 or N578);
8. Form I-94 Record of Arrival and Departure stamped Refugee, Asylee or Asylum; however, applicants who present the Refugee/Asylee I-94 must also present another USCIS document as supporting evidence such as:
(i) Valid employment authorization document (I688B or I766);
(ii) Notice of Action (I-797 or I-797C) indicating USCIS receipt of a pending or approved application for lawful permanent residency or adjustment of status (I-485) or application for employment authorization (I-765).
9. Such other documents as DHS may designate by notice published in the Federal Register.
What types of identification are accepted for non-citizen or foreign nationals in this state?
(b) Applicants applying for a Federally Compliant License who are not US Citizens or Lawful Permanent Residents shall present proof acceptable to the Department that such applicant lawfully present in the United States.
1. An applicant who has submitted the following identity documents will not need to provide additional proof of lawful presence:
(i) Certified Birth Certificate issued by a U.S. state, jurisdiction or territory (Puerto Rico, U.S. Virgin Islands, Northern Mariana Islands, American Samoa, Guam);
(ii) U.S. Consular Report of Birth Abroad (DS-1350 or FS-545);
(iii) Report of Birth Abroad of a Citizen of the U.S. (FS-240);
(iv) Valid, unexpired U.S. Passport;
(v) Certificate of Naturalization issued by DHS, Form N-550 or Form N-570.
(vi) Certificate of Citizenship, Form N-560 or Form N-561, issued by DHS.
2. An applicant who has submitted any other approved identity document will also need to present a second identity document or documentation issued by DHS or other Federal agencies demonstrating lawful status as determined by USCIS.
Can undocumented individuals obtain a state ID or Drivers license in this state?
No, must prove legal status
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)
In Tennessee, the legal drinking age is 21, meaning individuals must be at least 21 years old to purchase or consume alcoholic beverages. However, state law does not specify a minimum age for merely entering establishments that serve alcohol, such as bars or restaurants. This means that minors are not universally prohibited from entering these venues. Instead, the policies regarding the entry of individuals under 21 are typically determined by the individual establishments and can vary based on local ordinances and the nature of the business.
(b) Notwithstanding subsection (a), it is unlawful for any person under twenty-one (21) years of age to purchase, possess, transport or consume tobacco, smoking hemp, or vapor products, alcoholic beverages, wine, or beer, with the following exceptions:
(b) Notwithstanding subsection (a), it is unlawful for any person under twenty-one (21) years of age to purchase, possess, transport or consume tobacco, smoking hemp, or vapor products, alcoholic beverages, wine, or beer, with the following exceptions:
(1) Any person eighteen (18) years of age or older may transport, possess, sell, or dispense tobacco, smoking hemp, or vapor products, alcoholic beverages, wine, or beer in the course of such person’s employment; and
(1) If a minor is fifteen (15) years of age or younger, the minor must not be employed in a place of employment where the average monthly gross receipts from the sale of intoxicating beverages exceed twenty-five percent (25%) of the total gross receipts of the place of employment or where a minor will be permitted to take orders for or serve intoxicating beverages, regardless of the amount of intoxicating beverages sold in the place of employment.
(2) If a minor is sixteen (16) or seventeen (17) years of age, the minor may be employed in a place of employment where the average monthly gross receipts from the sale of intoxicating beverages exceed twenty-five percent (25%) of the total gross receipts of the place of employment if the minor is not permitted to take orders for or serve intoxicating beverages.
(b) Notwithstanding subsection (a), it is unlawful for any person under twenty-one (21) years of age to purchase, possess, transport or consume tobacco, smoking hemp, or vapor products, alcoholic beverages, wine, or beer, with the following exceptions:
(d) (1) A retailer or any employee thereof shall not make or permit to be made any sales of alcoholic beverages or beer to minors. Prior to making a sale of alcoholic beverages for off-premises consumption, the adult consumer whose physical appearance does not reasonably demonstrate an age of fifty (50) years or older must present to the retailer or any employee of the retailer a valid, government-issued document, such as a driver license or other form of identification deemed acceptable to the retailer that includes the photograph and birth date of the adult consumer attempting to make an alcoholic beverage purchase. Persons exempt under state law from the requirement of having a photo identification shall present identification that is acceptable to the retailer. The retailer or employee shall make a determination from the information presented whether the purchaser is an adult. In addition to the prohibition of making a sale to a minor, no sale of alcoholic beverages for off-premises consumption shall be made to a person whose physical appearance does not reasonably demonstrate an age of fifty (50) years or older who does not present such a document or other form of identification to the license holder or any employee of the license holder in a face-to-face transaction.
(2) As used in this section, “other form of identification” includes a secure identity verification system that uses an electronic scan of a unique physical characteristic identifiable to the individual that is used by a retailer for the purpose of aiding the employee in determining whether or not the person is at least twenty-one (21) years of age when such person desires to purchase alcoholic beverages or beer procured from a retailer if the system demonstrates that:
(A) The adult consumer is at least twenty-one (21) years of age; and
(B) The adult consumer had previously registered with a secure identity verification system provider a valid, government-issued document that includes the photograph and birth date of the adult consumer attempting to make an alcoholic beverage or beer purchase.
(3) A violation of subdivision (d)(1) is a Class A misdemeanor.
(4) The commission may, upon finding that a licensee has violated subdivision (d)(1) two (2) or more times during any two-year period, and for good cause shown, fine the licensee not more than ten thousand dollars ($10,000) and require retraining of all employees of the licensee under the supervision of the commission in lieu of suspending or revoking the license of the licensee.
What is the consumable limit (if any)
N/A
What is the purchase limit (if any)
N/A
What is the legal BAC (Blood Alcohol Content) limit in this state?
(d) A violation of subsection (a) is a Class A misdemeanor with a mandatory minimum fine of one thousand dollars ($1,000), and in addition to the penalties authorized by § 40-35-111, the offender shall be sentenced to one hundred (100) hours of community service work. In addition to the penalties established in this subsection (d), the court having jurisdiction over the offender may, in its discretion, prepare and send an order for denial of the offender’s driving privileges to the department of safety, driver control division. The offender may apply to the court for a restricted driver license, which may be issued in accordance with § 55-50-502. In the event an offender does not possess a valid driver license, the court having jurisdiction over the offender may, in its discretion, increase the offender’s sentence to a maximum of two hundred (200) hours of community service work.
(e) If a person engages in conduct that violates this section, as well as any other section, nothing in this section shall be construed to prohibit the prosecution and conviction of the person under this section or any other applicable section.
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)
State Law
However, the state does not have specific laws addressing the minimum age required to enter establishments like cigar shops, smoke shops, or smoking lounges. Consequently, the policies regarding entry into these venues are typically determined by the individual establishments and may vary based on local ordinances and the nature of the business.
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.
(b) Notwithstanding subsection (a), it is unlawful for any person under twenty-one (21) years of age to purchase, possess, transport or consume tobacco, smoking hemp, or vapor products, alcoholic beverages, wine, or beer, with the following exceptions:
(b) Notwithstanding subsection (a), it is unlawful for any person under twenty-one (21) years of age to purchase, possess, transport or consume tobacco, smoking hemp, or vapor products, alcoholic beverages, wine, or beer, with the following exceptions:
(1) Any person eighteen (18) years of age or older may transport, possess, sell, or dispense tobacco, smoking hemp, or vapor products, alcoholic beverages, wine, or beer in the course of such person’s employment; and
(b) Notwithstanding subsection (a), it is unlawful for any person under twenty-one (21) years of age to purchase, possess, transport or consume tobacco, smoking hemp, or vapor products, alcoholic beverages, wine, or beer, with the following exceptions:
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)
TN does not have Legalized, Decriminalized, or Medicinal marijuana
Age permitted to use Cannabis
TN does not have Legalized, Decriminalized, or Medicinal marijuana
Age permitted to sell Cannabis
TN does not have Legalized, Decriminalized, or Medicinal marijuana
Age permitted to purchase Cannabis
TN does not have Legalized, Decriminalized, or Medicinal marijuana
What is the consumable limit (if any)
TN does not have Legalized, Decriminalized, or Medicinal marijuana
What is the purchase limit (if any)
TN does not have Legalized, Decriminalized, or Medicinal marijuana
Can minors obtain medical cannabis with a prescription?
TN does not have Legalized, Decriminalized, or Medicinal marijuana
(11) “Reasonable age-verification method” includes the following means of establishing the age of the person attempting to view content harmful to minors, implemented in a manner not easily bypassed or circumvented:
(A) The matching of a photograph of the active user taken between the attempt to view content harmful to minors and the viewing of content harmful to minors, using the device by which the attempt to view content harmful to minors is being made, to the photograph on a valid form of identification issued by a state of the United States of America; or
(B) A commercially reasonable method relying on public or private transactional data to verify that the age of the person attempting to access the information is at least eighteen (18) years of age or older;
Age permitted to access Adult Retailers and Venues (Sex shops, Strip Clubs, burlesque)
(1) “Adult” means a person who has attained eighteen (18) years of age;
(2) “Adult cabaret” means a cabaret that features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers;
(3) “Adult cabaret entertainment”:
(A) Means adult-oriented performances that are harmful to minors, as that term is defined in § 39-17-901, and that feature topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers; and
(B) Includes a single performance or multiple performances by an entertainer;
(4) “Adult entertainment” means any exhibition of any adult-oriented motion picture, live performance, display or dance of any type, that has as a significant or substantial portion of such performance, any actual or simulated performance of specified sexual activities, including removal of articles of clothing or appearing unclothed;
(5) “Adult-oriented establishment” means any commercial establishment, business or service, or portion thereof, that offers, as its principal or predominant stock or trade, sexually-oriented material, devices, or paraphernalia or specified sexual activities, or any combination or form thereof, whether printed, filmed, recorded or live and that restricts or purports to restrict admission to adults or to any class of adults. “Adult-oriented establishment” includes, but is not limited to:
(A) “Adult book stores” means any corporation, partnership or business of any kind that has as its principal or predominant stock or trade, books, magazines or other periodicals and that offers, sells, provides or rents for a fee:
(i) Is available for viewing by patrons on the premises by means of the operation of movie machines or slide projectors;
(ii) Has a substantial portion of its contents devoted to the pictorial depiction of sadism, masochism or bestiality; or
(iii) Has as its principal theme the depiction of sexual activity by, or lascivious exhibition of, the uncovered genitals, pubic region or buttocks of children who are or appear to be under eighteen (18) years of age;
Are websites required to verify age for accessing adult content?
(c) An individual or commercial entity that publishes or distributes in this state a website that contains a substantial portion of content harmful to minors is liable if the individual or commercial entity does not:
(1) Verify, using a reasonable age-verification method, the age of each active user attempting to access its website; or
(2) Verify, using a reasonable age-verification method, the age of an active user attempting to access its website again after completion of an age-verified session.
(d) A website owner, commercial entity, or third party that executes a required age-verification method shall:
(1) Retain at least seven (7) years of historical anonymized age-verification data; and
(2) Not retain any personally identifying information of the active user after access to the content harmful to minors has been granted.
What penalties exist for providing minors access to adult material online?
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?
(A) Occupations involving posing or modeling, alone or with others, while engaged in sexual conduct for the purpose of preparing a film, photograph, negative, slide or motion picture;
(B) As used in (20)(A), “sexual conduct” means actual or simulated conduct, sexual intercourse, sodomy, sexual bestiality, masturbation, sadomasochistic abuse, excretion, or the exhibition of the male or female genitals; and
Are there restrictions on employment terms for adult content creators?
(a) A citizen of the United States eighteen (18) years of age or older who is a resident of this state is a qualified voter unless the citizen is disqualified under this title or under a judgment of infamy pursuant to § 40-20-112.
(b)
(1) An individual who is not a citizen of the United States shall not vote in a federal, state, or local election.
(2) A county, municipality, or other political subdivision of this state shall not grant voting rights to a person who is not a United States citizen for an election.
(a) A citizen of the United States eighteen (18) years of age or older who is a resident of this state is a qualified voter unless the citizen is disqualified under this title or under a judgment of infamy pursuant to § 40-20-112.
(b)
(1) An individual who is not a citizen of the United States shall not vote in a federal, state, or local election.
(2) A county, municipality, or other political subdivision of this state shall not grant voting rights to a person who is not a United States citizen for an election.
What Identification requirements are needed to vote on a regular ballot
(A) A voter shall complete and sign an application for ballot, indicate the primary in which the voter desires to vote, if any, and present it to a precinct registrar. In addition, the voter shall present to the precinct registrar one (1) form of identification that bears the name and photograph of the voter. The requirement to present one (1) form of identification that bears the name and photograph of the voter shall apply to persons voting pursuant to § 2-6-109; provided, however, that a person voting in accordance with § 2-6-401(a) and (b) or § 2-6-601 shall not be required to show an identification with a photograph of the voter. The application for ballot shall include a space for the address of the voter’s current residence, and the voter shall write or print such address on the application when the voter signs the application for ballot.
(i) A person shall be entitled to vote a provisional ballot under the procedures of this section if the voter claims to be properly registered in the county and eligible to vote at the precinct in the election, but whose eligibility cannot be determined by the computer signature list or by examination of the permanent registration records on file with the county election commission; an election official asserts the individual is not registered to vote; or the voter has requested a ballot pursuant to § 2-6-202. If a voter is unable to present evidence of identification, the voter shall be entitled to vote a provisional ballot pursuant to subsection (e) unless the voter is eligible to vote pursuant to subsection (f).
(ii) If the election official cannot determine that the voter’s name should have been placed on the precinct’s computer signature list, then the voter shall complete an original voter registration application. At the time of registration and pursuant to subsection (d), the voter shall present verification of the residential address under which the person desires to vote.
(iii) After the voter has completed the voter registration application and supplied verification of the voter’s residential address, the voter shall complete an application for ballot pursuant to this section.
(iv) Upon completion of the application for ballot, the voter shall be given a provisional ballot and provisional ballot envelope. The provisional ballot envelope shall be of a different color from absentee ballot envelopes and shall bear a detachable slip that contains the provisional ballot affidavit. The provisional ballot affidavit shall contain the voter’s printed name, social security number, date of birth, signature and any other identifying information deemed necessary by the coordinator of elections to satisfy the requirements of this section and to prevent fraudulent registration and voting.
(v) Both the voter registration application and the application for ballot shall be deposited in the provisional ballot box. Nothing in this section shall be construed to allow election day voter registration.
(vi) Pursuant to § 2-7-114(b) and (c), the voter shall vote the provisional ballot. Any county utilizing punchcard or optiscan technology shall process their ballots pursuant to rules promulgated by the state coordinator of elections. Section 2-7-116 shall govern any voter needing assistance.
(vii) Along with the voter registration applications and the applications for ballot completed by provisional voters, all provisional ballots that have been cast shall remain sealed and locked in the absentee ballot box for return to the county election commission at the close of polls.
Legal
Laws on Presenting Identification to Law Enforcement
Under what circumstances is a person required to show ID to police?
If an officer has reasonable suspicion—based on specific and articulable facts—that you are involved in criminal activity, they may conduct a brief investigatory stop. In such situations, while Tennessee does not have a general “stop and identify” statute, refusing to provide identification when the officer intends to issue a citation or make an arrest can lead to legal consequences.
When an officer has reasonable suspicion that the person is involved in a crime
Can you be detained or arrested for refusing to show ID?
Only if the police officer asks for identification “for the purpose of issuing a citation or civil warrant to that person” – Tenn. Code Ann. § 7-3-505
When any police or peace officer of a metropolitan government or any employee of a metropolitan government authorized to enforce ordinances, laws or regulations of the metropolitan government or charged with the duty to serve civil or criminal process, asks the violator for identification for the purpose of issuing a citation or civil warrant to that person, the failure to produce or give such identification shall be grounds for the violator to be arrested by an officer authorized to make arrests pursuant to title 40, chapter 7. In such event, the violator shall be arrested, transported to the police station or jail, booked, photographed and fingerprinted for identification purposes and, thereafter, shall be served with the citation or civil warrant and released from custody without being required to post a bond.
“Stop and Identify” Laws in this state
What is this state’s specific laws regarding police stops and ID requirements?
No – this state does not have stop and identify laws
Do you have the right to remain silent or refuse to provide ID in certain situations?
Are there any public areas where a person must carry ID?
Only if purchasing age restricted items/materials
Are there curfew or loitering laws requiring ID verification?
In TN, curfew and loitering laws are primarily established and enforced at the municipal level, leading to variations in regulations across different cities and counties.
Traffic Stops and ID Requirements
Are you required to provide an ID when pulled over by law enforcement?
(a) Every licensee shall have the licensee’s license in immediate possession at all times when operating a motor vehicle and shall display it upon demand of any officer or agent of the department or any police officer of the state, county or municipality, except that where the licensee has previously deposited the license with the officer or court demanding bail, and has received a receipt from the officer or the court, the receipt is to serve as a substitute for the license until the specified date for court appearance of licensee or the license is otherwise returned to the licensee by the officer or court accepting the license for deposit. Any peace officer, field deputy, or inspector of the department, or any other law enforcement officer of this state or municipality thereof, has the right to demand the exhibition of the license of any operator of a motorscooter as described in § 55-8-101, and effect the arrest of any person so found to be in violation of this section.
What are the consequences of refusing to show ID during a traffic stop?
(b) A violation of this section is a Class C misdemeanor.
Passenger ID Requirements in Vehicles
Do passengers need to show ID if a vehicle is stopped by law enforcement?
No
Can passengers legally refuse to provide ID?
Yes
Curfew Laws for Minors
Are minors required to carry ID to prove their age if stopped past curfew?
In Tennessee, curfew laws are established at the local level, leading to variations across different municipalities. While state law does not mandate a uniform curfew for minors, many cities and towns have implemented their own ordinances to regulate the presence of minors in public places during specific hours.
What are the penalties for violating curfew laws?
Depends on local laws
Trespassing and ID Requirements
Can police demand ID if someone is suspected of trespassing?
In Tennessee, law enforcement officers may request identification from individuals if they have reasonable suspicion that the person is involved in criminal activity, such as trespassing.
What are the consequences of refusing to provide identification in such situations?
When any police or peace officer of a metropolitan government or any employee of a metropolitan government authorized to enforce ordinances, laws or regulations of the metropolitan government or charged with the duty to serve civil or criminal process, asks the violator for identification for the purpose of issuing a citation or civil warrant to that person, the failure to produce or give such identification shall be grounds for the violator to be arrested by an officer authorized to make arrests pursuant to title 40, chapter 7. In such event, the violator shall be arrested, transported to the police station or jail, booked, photographed and fingerprinted for identification purposes and, thereafter, shall be served with the citation or civil warrant and released from custody without being required to post a bond.