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Vermont
Vermont

Identification

  • Acceptable Identification
  • Acceptable Digital Identification
  • What requirements are needed to acquire acceptable ID’ and Acceptable Digital ID’s
    • Identity Documents Required
      • Identity and Date of Birth
      • Social Security Information
      • Vermont Residency and Current Address
      • Lawful Status in the United States (Only required for Real ID & EDL)
    • Enhanced Driver’s License
      • the individual shall present for inspection and copying satisfactory documentary evidence to determine identity and U.S. citizenship. An application shall be accompanied by a photo identity document, documentation showing the individual’s date and place of birth, proof of the individual’s Social Security number, and documentation showing the individual’s principal residence address. New and renewal application forms shall include a space for the applicant to request that a “veteran” designation be placed on the enhanced license.
  • What types of identification are accepted for non-citizen or foreign nationals in this state?
    • Vermont 23:603
      • (1) A citizen of a foreign country shall produce his or her passport and visa, alien registration receipt card (green card), or other proof of legal presence for inspection and copying as a part of the application process for an operator’s license, junior operator’s license, or learner’s permit
      • (2) An operator’s license, junior operator’s license, or learner’s permit issued to a citizen of a foreign country shall expire coincidentally with his or her authorized duration of stay.
      • (e)(1) A citizen of a foreign country unable to establish legal presence in the United States who furnishes reliable proof of Vermont residence and of name, date of birth, and place of birth, and who satisfies all other requirements of this chapter for obtaining a license or permit, shall be eligible to obtain an operator’s privilege card, a junior operator’s privilege card, or a learner’s privilege card.
      • (2) The Commissioner shall require applicants under this subsection to furnish a document or a combination of documents that reliably proves the applicant’s name, date of birth, and place of birth. The Commissioner may prescribe the documents or combination of documents that meets these criteria. However, the Commissioner shall accept a combination of two or more of the following documents to establish the name, date of birth, and place of birth of an applicant:
        • (A) a valid foreign passport, with or without a U.S. Customs and Border Protection entry form or stamp;
        • (B) a valid consular identification document issued by the government of Mexico or of Guatemala or by any other government with comparable security standards and protocols, as determined by the Commissioner; and
        • (C) a certified record of the applicant’s birth, marriage, adoption, or divorce, including a translation if necessary.
      • (3) The Commissioner shall require applicants under this subsection to furnish a document or a combination of documents that reliably proves the applicant’s Vermont residence. The Commissioner may prescribe the documents or combination of documents that meets these criteria. However, the Commissioner shall accept the following combinations of documents as proof of Vermont residence:
        • (A)(i) two pieces of mail received by the applicant within the prior 30 days with the applicant’s current name and residential Vermont address; and
          • (ii) at least one of the documents specified in subdivision (B) of this subdivision (3); or
        • (B) two of the following that show name and residential Vermont address:
          • (i) a vehicle title or registration;
          • (ii) a document issued by a financial institution, such as a bank statement;
          • (iii) a document issued by an insurance company or agent, such as an insurance card, binder, or bill;
          • (iv) a document issued by an educational institution, such as a transcript, report card, or enrollment confirmation;
          • (v) federal tax documents, such as W-2 or 1099 forms;
          • (vi) State tax documents, such as an IN-111; and
          • (vii) medical health records, receipts, or bills.
      • (f) Persons able to establish lawful presence in the United States but who otherwise fail to comply with the requirements of the REAL ID Act of 2005, Pub. L. No. 109-13, §§ 201-202, shall be eligible for an operator’s privilege card, a junior operator’s privilege card, or a learner’s privilege card, provided the applicant furnishes reliable proof of Vermont residence and of name, date of birth, and place of birth, and satisfies all other requirements of this chapter for obtaining a license or permit. The Commissioner shall require applicants under this subsection to furnish a document or a combination of documents that reliably proves the applicant’s Vermont residence and his or her name, date of birth, and place of birth.
  • Can undocumented individuals obtain a state ID or Drivers license in this state?
    • No – must prove legal status of being in the United States
  • 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?
    • The Act intends to allow the use of digital identification for law enforcement purposes; however, this is not yet active law

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)
    • z
  • Age permitted to consume Alcohol
    • 7 V.S.A. § 2
      • (24) “Legal age” means 21 years of age or older.
    • 7 V.S.A. § 656
      • (1) Prohibited conduct. A person 16 years of age or older and under 21 years of age shall not:
        • (A) Falsely represent the person’s age for the purpose of procuring or attempting to procure malt or vinous beverages, ready-to-drink spirits beverages, spirits, or fortified wines from any licensee, State liquor agency, or other person or persons.
        • (B) Possess malt or vinous beverages, ready-to-drink spirits beverages, spirits, or fortified wines for the purpose of consumption by the person or other minors, except in the regular performance of duties as an employee of a licensee licensed to sell alcoholic liquor.
        • (C) Consume malt or vinous beverages, ready-to-drink spirits beverages, spirits, or fortified wines. A violation of this subdivision may be prosecuted in a jurisdiction where the minor has consumed malt or vinous beverages, ready-to-drink spirits beverages, spirits, or fortified wines or in a jurisdiction where the indicators of consumption are observed.
  • Age permitted to serve Alcohol
    • 7 V.S.A. § 223
      • (e) No person under 18 years of age shall be employed by a third-class licensee as:
        • (1) a bartender for the purpose of preparing, mixing, or dispensing alcoholic beverages; or
        • (2) a waitress or waiter for the purpose of serving alcoholic beverages.
  • Age permitted to purchase Alcohol
    • 7 V.S.A. § 2
      • (24) “Legal age” means 21 years of age or older.
    • 7 V.S.A. § 656
      • (1) Prohibited conduct. A person 16 years of age or older and under 21 years of age shall not:
        • (A) Falsely represent the person’s age for the purpose of procuring or attempting to procure malt or vinous beverages, ready-to-drink spirits beverages, spirits, or fortified wines from any licensee, State liquor agency, or other person or persons.
        • (B) Possess malt or vinous beverages, ready-to-drink spirits beverages, spirits, or fortified wines for the purpose of consumption by the person or other minors, except in the regular performance of duties as an employee of a licensee licensed to sell alcoholic liquor.
        • (C) Consume malt or vinous beverages, ready-to-drink spirits beverages, spirits, or fortified wines. A violation of this subdivision may be prosecuted in a jurisdiction where the minor has consumed malt or vinous beverages, ready-to-drink spirits beverages, spirits, or fortified wines or in a jurisdiction where the indicators of consumption are observed.
  • 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?
    • 23 V.S.A. § 1201
    • 23 V.S.A. § 1216
    • The legal BAC limits in Vermont are as follows:
      • 0.08%: For drivers aged 21 and older.
      • 0.02%: For drivers under 21 
      • 0.04%: For commercial drivers.
  • Are there any exceptions for minors consuming alcohol (e.g., religious ceremonies, parental supervision)?
    • Furnishing is prohibited with NO EXCEPTIONS.
  • What are the penalties for providing alcohol to minors at a private residence?
    • 7 V.S.A. § 658
      • (a) A person shall not:
        • (1) sell or furnish alcoholic beverages to a person under 21 years of age; or
        • (2) knowingly enable the consumption of alcoholic beverages by a person under 21 years of age.
      • (b) As used in this section, “enable the consumption of alcoholic beverages” means creating a direct and immediate opportunity for a person to consume alcoholic beverages.
      • (c) A person who violates subsection (a) of this section shall be fined not less than $500.00 nor more than $2,000.00 or imprisoned not more than two years, or both. However, an employee of a licensee or an employee of a State liquor agency, who in the course of employment violates subdivision (a)(1) of this section:
        • (1) during a compliance check conducted by a law enforcement officer as defined in 20 V.S.A. § 2358:
          • (A) shall be assessed a civil penalty of not more than $100.00 for the first violation and a civil penalty of not less than $100.00 nor more than $1,000.00 for a second violation that occurs more than one year after the first violation; and
          • (B) shall be subject to the criminal penalties provided in this subsection (c) for a second violation within a year of the first violation, and for a third or subsequent violation within three years of the first violation.

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 Statutes:
      • ​In Vermont, the legal age to purchase and possess tobacco products, including e-cigarettes and related paraphernalia, is 21. However, Vermont law does not explicitly address the minimum age required to enter establishments such as cigar shops, smoke shops, or smoking lounges. This absence of specific legislation means that 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.
    • 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.
  • Age permitted to use Tobacco
    • 7 V.S.A. § 1005
      • (a)(1) A person under 21 years of age shall not possess, purchase, or attempt to purchase tobacco products, tobacco substitutes, or tobacco paraphernalia unless:
        • (A) the person is an employee of a holder of a tobacco license and is in possession of tobacco products, tobacco substitutes, or tobacco paraphernalia to effect a sale in the course of employment; or
        • (B) the person is in possession of tobacco products or tobacco paraphernalia in connection with Indigenous cultural tobacco practices.
  • Age permitted to sell Tobacco
    • 7 V.S.A. § 1002
      • (f) No individual under 16 years of age may sell tobacco products, tobacco substitutes, or tobacco paraphernalia.
  • Age permitted to purchase Tobacco
    • 7 V.S.A. § 1005
      • (a)(1) A person under 21 years of age shall not possess, purchase, or attempt to purchase tobacco products, tobacco substitutes, or tobacco paraphernalia unless:
        • (A) the person is an employee of a holder of a tobacco license and is in possession of tobacco products, tobacco substitutes, or tobacco paraphernalia to effect a sale in the course of employment; or
        • (B) the person is in possession of tobacco products or tobacco paraphernalia in connection with Indigenous cultural tobacco practices.
  • 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?
    • FDA
    • 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)
    • 7 V.S.A. § 866
      • A cannabis establishment shall not permit a person under 21 years of age to enter a building or enclosure on the premises where cannabis is located. This subsection shall not apply to a registered patient visiting a dispensary even if that dispensary is located in a building that is located on the same premises of a cannabis establishment. 
      • This is applicable for both Medical and reactional use dispensaries
  • Age permitted to use Cannabis
    • Recreational Use
      • 7 V.S.A. § 866
        • (a) A cannabis establishment licensed pursuant to this chapter shall not dispense or sell cannabis to a person under 21 years of age or employ a person under 21 years of age. The Board may assess civil penalties against or suspend or revoke the license of a cannabis establishment that dispenses or sells cannabis or cannabis products to a person under 21 years of age.
    • Medical Use
      • 7 V.S.A. § 953
        • (a) Pursuant to rules adopted by the Board, a person may register with the Board to obtain the benefits of the Registry as provided in section 952 of this title.
        • (b) An application by a person under 18 years of age shall be signed by both the applicant and the applicant’s parent or guardian.
      • 7 V.S.A. § 954
        • (d)(1) Except as provided in subdivision (2) of this subsection, a caregiver may serve not more than two patients at a time, and a patient shall have only one registered caregiver at a time. A patient may serve as a caregiver for one other patient.
          • (2) A patient who is under 18 years of age may have two caregivers. Additional caregivers shall be at the discretion of the Board.
  • Age permitted to sell Cannabis
    • 7 V.S.A. § 866
      • (b) A cannabis establishment shall not permit a person under 21 years of age to enter a building or enclosure on the premises where cannabis is located. This subsection shall not apply to a registered patient visiting a dispensary even if that dispensary is located in a building that is located on the same premises of a cannabis establishment.
  • Age permitted to purchase Cannabis
    • 7 V.S.A. § 866
      • (a) A cannabis establishment licensed pursuant to this chapter shall not dispense or sell cannabis to a person under 21 years of age or employ a person under 21 years of age. The Board may assess civil penalties against or suspend or revoke the license of a cannabis establishment that dispenses or sells cannabis or cannabis products to a person under 21 years of age.
  • What is the consumable limit (if any)
  • What is the purchase limit (if any)
    • 7 V.S.A. § 907
      • (b) In a single transaction, a retailer may provide one ounce of cannabis or the equivalent in cannabis products, or a combination thereof, to a person 21 years of age or older upon verification of a valid government-issued photograph identification card.
  • Can minors obtain medical cannabis with a prescription?
    • Yes – 7 V.S.A. § 953
      • (a) Pursuant to rules adopted by the Board, a person may register with the Board to obtain the benefits of the Registry as provided in section 952 of this title.
      • (b) An application by a person under 18 years of age shall be signed by both the applicant and the applicant’s parent or guardian.
    • 7 V.S.A. § 954
      • (d)(1) Except as provided in subdivision (2) of this subsection, a caregiver may serve not more than two patients at a time, and a patient shall have only one registered caregiver at a time. A patient may serve as a caregiver for one other patient.
        • (2) A patient who is under 18 years of age may have two caregivers. Additional caregivers shall be at the discretion of the Board.

Adult Media

  • Age permitted to access Adult Content ONLINE
    • None in place
  • Age permitted to access Adult Retailers and Venues (Sex shops, Strip Clubs, burlesque)
    • Vermont law does not explicitly address the minimum age required to enter establishments. This absence of specific legislation means that 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.
  • Are websites required to verify age for accessing adult content?
    • None in place
  • 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?
  • Are there restrictions on employment terms for adult content creators?
    • Title 18 US Code 2557
      • Federal law mandates that producers of sexually explicit content must maintain detailed age verification records for all performers.

Voting

  • Age permitted to register to vote in the state
    • 17 V.S.A. § 2121
      • (a) Any person may register to vote in the town of his or her residence in any election held in a political subdivision of this State in which he or she resides who, on election day:
        • (1) is a citizen of the United States;
        • (2) is a resident of the State of Vermont;
        • (3) has taken the voter’s oath; and
        • (4) is 18 years of age or more.
      • (b) Any person meeting the requirements of subdivisions (a)(1)-(3) of this section who will be 18 years of age on or before the date of a general election may register and vote in the primary election immediately preceding that general election.
    • Federal Law:
  • Age permitted to vote in the state
    • 17 V.S.A. § 2121
      • (a) Any person may register to vote in the town of his or her residence in any election held in a political subdivision of this State in which he or she resides who, on election day:
        • (1) is a citizen of the United States;
        • (2) is a resident of the State of Vermont;
        • (3) has taken the voter’s oath; and
        • (4) is 18 years of age or more.
      • (b) Any person meeting the requirements of subdivisions (a)(1)-(3) of this section who will be 18 years of age on or before the date of a general election may register and vote in the primary election immediately preceding that general election.
  • What Identification requirements are needed to vote on a regular ballot
    • 17 V.S.A. § 2563
      • Before a person may be admitted to vote, he or she shall announce his or her name and, if requested, his or her place of residence in a clear and audible tone of voice, or present his or her name in writing, or otherwise identify himself or herself by appropriate documentation. The election officials attending the entrance of the polling place shall then verify that the person’s name appears on the checklist for the polling place.
      • (1) If the name does appear, and if no one immediately challenges the person’s right to vote on grounds of identity or having previously voted in the same election, the election officials shall repeat the name of the person and:
        • (A)(i) If the checklist indicates that the person is a first-time voter in the municipality who registered by mail or online, whose driver’s license, nondriver identification number, or last four digits of his or her Social Security number provided by the applicant have not been verified by the Secretary of State, and who has not provided required identification before the opening of the polls, require the person to present any one of the following: a valid photo identification; a copy of a current utility bill; a copy of a current bank statement; or a copy of a government check, paycheck, or any other government document that shows the current name and address of the voter.
          • (ii) If the person is unable to produce the required information, the person shall be afforded the opportunity to complete a new application for addition to the checklist in accordance with section 2144 of this title.
          • (iii) The election officials shall note upon the checklist a first-time voter in the municipality who has registered by mail and who produces the required information, and place a mark next to the voter’s name on the checklist and allow the voter to proceed to the voting booth for the purpose of voting.
        • (B) If the voter is not a first-time voter in the municipality, no identification shall be required. The clerk shall place a check next to the voter’s name on the checklist and allow the voter to proceed to the voting booth for the purpose of voting.
      • (2) If the name does not appear, the person shall be afforded the opportunity to complete an application for addition to the checklist in accordance with section 2144 of this title.
  • What Identification requirements are needed to vote on a Provisional ballot
    • 17 V.S.A. § 2556
      • (a) If an individual’s name does not appear on the checklist and the individual claims to have submitted an application for the checklist and refuses to complete a new application in accordance with subdivision 2563(2) of this chapter, or if the individual’s registration application has been rejected and the individual disputes that rejection, the election official shall allow the individual to vote provisionally.
      • (b) The provisional voter shall be given a ballot and an envelope with an attestation printed upon it, as described in section 2555 of this title, and shall complete the attestation on the envelope. Upon completion, the provisional voter shall seal the envelope and deposit it in a ballot box marked for the receipt of provisional ballots.
      • (c) A provisional voter who makes a false statement in completing the attestation, knowing the statement to be false, shall be subject to the penalties of perjury as provided in 13 V.S.A. chapter 65.
  • Voter Restrictions/ Requirements in place federally and within the state.
    • 28 V.S.A. § 807
      • (a) Notwithstanding any other provision of law, a person who is convicted of a crime shall retain the right to vote by early voter absentee ballot in a primary or general election at the person’s last voluntary residence during the term of the person’s commitment under a sentence of confinement provided the person otherwise fulfills all voting requirements.
      • (b) No person sentenced to the custody of the Commissioner of Corrections may use the place of involuntary confinement as the person’s place of residence for the purpose of qualifying to vote.
    • No ID required to vote at ballot box

Legal

  • Laws on Presenting Identification to Law Enforcement
    • Under what circumstances is a person required to show ID to police?
      • In casual or consensual encounters where there is no reasonable suspicion of criminal activity, individuals are not obligated to provide identification to law enforcement officers. However, refusal to identify oneself during situations where there is reasonable suspicion can lead to detention until identification is confirmed.
        • However, if an officer has reasonable suspicion that an individual is involved in criminal activity, they may request the person to identify themselves.
      • Terry v. Ohio, 392 US
        • 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?
      • 24 V.S.A. § 1983
        • (a) A law enforcement officer is authorized to detain a person if:
          • (1) the officer has reasonable grounds to believe the person has violated a municipal ordinance; and
          • (2) the person refuses to identify himself or herself satisfactorily to the officer when requested by the officer.
        • (b) The person may be detained only until the person identifies himself or herself satisfactorily to the officer or is properly identified. If the officer is unable to obtain the identification information, the person shall forthwith be brought before a Criminal Division of the Superior Court judge for that purpose. A person who refuses to identify himself or herself to the court on request shall immediately and without service of an order on the person be subject to civil contempt proceedings pursuant to 12 V.S.A. § 122.
  • “Stop and Identify” Laws in this state
    • What is this state’s specific laws regarding police stops and ID requirements?
      • 24 V.S.A. § 1983
        • (a) A law enforcement officer is authorized to detain a person if:
          • (1) the officer has reasonable grounds to believe the person has violated a municipal ordinance; and
          • (2) the person refuses to identify himself or herself satisfactorily to the officer when requested by the officer.
        • (b) The person may be detained only until the person identifies himself or herself satisfactorily to the officer or is properly identified. If the officer is unable to obtain the identification information, the person shall forthwith be brought before a Criminal Division of the Superior Court judge for that purpose. A person who refuses to identify himself or herself to the court on request shall immediately and without service of an order on the person be subject to civil contempt proceedings pursuant to 12 V.S.A. § 122.
    • Do you have the right to remain silent or refuse to provide ID in certain situations?
  • Public Place ID Requirements
    • 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 Vermont, 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?
      • 23 V.S.A. § 1012
        • (a) A person while operating or in charge of a motor vehicle shall, upon request by an enforcement officer who reasonably suspects that the person has committed or is committing a violation of this title, give his or her name and address and the name and address of the owner of the motor vehicle.
        • (b) The operator shall produce his or her operator’s license and the registration certificate for the motor vehicle. If the operator does not have a valid Vermont operator’s license or does not have the license on his or her person, the operator shall produce other suitable forms of identification. A person operating a motor vehicle shall promptly and carefully stop when signalled to stop by an enforcement officer wearing insignia that identifies the officer.
    • What are the consequences of refusing to show ID during a traffic stop?
      • 23 V.S.A. § 1012
        • (c) A person who violates subsection (a) of this section shall be fined not more than $1,250.00.
        • (d) A person who violates subsection (b) of this section shall be assessed a civil penalty of not more than $250.00.
  • 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 Vermont, curfew laws for minors are established at the municipal level, leading to variations across different cities and counties. While the state does not enforce a statewide curfew, many local jurisdictions have implemented their own ordinances to promote the safety and well-being of minors.
    • 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?
      • 24 V.S.A. § 1983
        • (a) A law enforcement officer is authorized to detain a person if:
          • (1) the officer has reasonable grounds to believe the person has violated a municipal ordinance; and
          • (2) the person refuses to identify himself or herself satisfactorily to the officer when requested by the officer.
    • What are the consequences of refusing to provide identification in such situations?
      • 24 V.S.A. § 1983
        • (b) The person may be detained only until the person identifies himself or herself satisfactorily to the officer or is properly identified. If the officer is unable to obtain the identification information, the person shall forthwith be brought before a Criminal Division of the Superior Court judge for that purpose. A person who refuses to identify himself or herself to the court on request shall immediately and without service of an order on the person be subject to civil contempt proceedings pursuant to 12 V.S.A. § 122.