State guide
Delaware ID scanning laws
Delaware does not restrict ID scanning, and its alcohol commissioner may not fine a venue or suspend its license over an underage sale if staff first checked a photo ID that reasonably showed the customer was 21 or older.
For bars, restaurants, cannabis stores and retailers, the practical questions are when identification is required, what counts as a reasonable age check and which records may be kept.
Reviewed September 29, 2026 · 20 primary sources linked
Delaware at a glance
- Is it legal to scan IDs in Delaware?
- Yes.Delaware does not specifically restrict ID scanning. Alcohol delivery is one area where electronic verification is expressly required alongside an in-person check.
- Do you have to check IDs in Delaware, and when?
- It depends on what you sell.Tobacco and vape retailers must check proof of age for customers under 30, cannabis stores check ID before every sale and alcohol delivery drivers verify every recipient. Bars and restaurants have no statewide rule to card every customer, although taverns and taprooms generally may not admit people under 21.
- Which IDs provide protection in Delaware?
- For alcohol, any ID with the customer's photo that would lead a reasonable person to believe they are 21 or older.Tobacco sales need a driver's license or other government-issued photo ID. Cannabis stores check a valid, unexpired government-issued photo ID of a kind the state's rules name.
- Can you keep data from an ID scan in Delaware?
- Yes.No Delaware law sets which details from a scan may be kept or for how long. Records containing a customer's name and ID number must be made unreadable when permanently disposed of, while delivery companies have separate recordkeeping periods.
- What other Delaware laws reach the data you keep?
- A stored name and driver's license number can trigger Delaware's security and breach-notification law.The Delaware Personal Data Privacy Act applies to businesses that handled data on at least 35,000 Delaware residents in the previous year, a number that falls to 10,000 on January 1, 2027.
- Does scanning give you a defense if you serve a minor in Delaware?
- A scan does not create the alcohol protections, but it can document which photo ID was shown before the sale.Delaware's alcohol defense, and the rule that stops the alcohol commissioner from suspending or fining a venue, turn on the customer showing a photo ID that would lead a reasonable person to believe they were 21 or older.
- Can a customer refuse an ID scan in Delaware?
- Delaware does not specifically regulate refusal of a scan or require a manual alternative.Where an ID check is mandatory, the customer still needs acceptable identification for the transaction to proceed.
What Delaware venues should know
Is it legal to scan IDs in Delaware?
Yes. Delaware does not restrict ID scanning, and alcohol delivery expressly requires electronic as well as observable verification.
Delaware's alcohol, tobacco and cannabis laws do not require venues to scan an ID, and they do not restrict scanning either. They are written around the ID the customer shows and the customer's age, not the way staff read the ID.
The one place Delaware mentions ID scanning is alcohol delivery. Third-party delivery companies must train their drivers in how to use ID scanning technology to verify a recipient's age, and the state's delivery rule requires drivers to verify the recipient's ID electronically as well as in person.
Do you have to check IDs in Delaware, and when?
It depends on what you sell.
Alcohol
Delaware prohibits selling alcohol to anyone under 21, but it does not require every customer to be carded. A tavern or taproom may not let anyone under 21 in or let them stay, apart from narrow exceptions such as employees 18 or older. A restaurant may refuse entry to anyone under 21 after 9 p.m. unless a parent or legal guardian is with them.
From October 21, 2026, package stores and cannabis stores may also sell THC-infused drinks, and selling them to anyone under 21 is prohibited as well.
Deliveries
Bars and restaurants may sell drinks to go, but alcohol deliveries must be made by a licensed third-party delivery company. The driver must confirm that the recipient is 21 or older and not intoxicated, with a photo ID that reasonably matches the recipient's appearance. The state's delivery rule also requires an electronic check of the ID and the recipient's signature or finger scan, and if age cannot be verified the alcohol goes back to the venue.
Tobacco and vape
Retailers must ask for proof of age from any customer under 30, and they may ask any customer. Every point of sale must display a notice saying that sales to anyone under 21 are illegal and that the law requires staff to check proof of age for customers under 30.
Cannabis
Before every sale, a cannabis store must verify that the customer has a valid government-issued photo ID showing they are 21 or older. Customers first enter a waiting area, where staff check their ID before they reach the sales floor.
The exact wording
Whoever sells any alcoholic liquor to any person who has not reached the age of 21 years, or sells to any person of more than such age any alcoholic liquor knowing that such alcoholic liquor is bought for a person who is less than 21 years of age and is to be drunk by the latter, shall, in addition to the payment of costs, be fined not less than $250 nor more than $500 and, on failure to pay such fine and costs, shall be imprisoned for 30 days.
Except as provided in subsections (h) and (n) of this section, whoever, being the holder of a license to operate a tavern or taproom, admits or permits to remain in such tavern or taproom any individual under the age of 21 years, shall be fined not more than $100.
Any person who holds a valid restaurant license issued by the Commissioner may deny a minor, as defined in § 708 of this title, admission to or permission to remain on the premises after 9:00 p.m. (official Eastern time) unless accompanied by a parent or by a legal guardian.
Delivery workers must verify that receiving customers are of legal age and are not visibly intoxicated before delivering alcoholic beverages. At a minimum, this includes electronic verification of a customer's identification as well as observable verification, i.e., "multifactor" verification.
A person engaged in the sale or distribution of tobacco products or tobacco substitutes shall demand proof of age from a prospective purchaser or recipient of such products who is under 30 years of age.
A person engaged in the sale or distribution of tobacco products or tobacco substitutes shall post conspicuously at each point of purchase and each tobacco vending machine a notice stating that selling tobacco products or tobacco substitutes to anyone under 21 years of age is illegal, that the purchase of tobacco products or tobacco substitutes by anyone under 21 years of age is illegal and that a violator is subject to fines. The notice shall also state that all persons selling tobacco products or tobacco substitutes are required, under law, to check the proof of age of any purchaser of tobacco products or tobacco substitutes under the age of 30 years.
Before initiating a sale to an individual, an employee of the retail marijuana store making the sale shall verify that the purchaser has a valid government-issued photo identification card showing that the individual is 21 years of age or older.
4 Del. C. 9044 Del. C. 5124 DE Admin. Code 50711 Del. C. 111611 Del. C. 11174 Del. C. 13324 Del. C. 1309A
Which IDs provide protection in Delaware?
For alcohol, Delaware focuses on whether the photo ID reasonably showed the customer was 21 or older rather than on a closed document list.
Alcohol
Delaware's alcohol law does not list particular IDs. The defense in a prosecution for selling to a minor, and the rule that stops the alcohol commissioner from suspending or fining a venue, both rest on an ID that carries the customer's photograph and sets out information that would lead a reasonable person to believe the customer was 21 or older.
Tobacco and vape
Delaware's tobacco law defines proof of age as a driver's license or other government-issued ID with the customer's photograph that shows they are 21 or older.
Cannabis
Delaware's cannabis rules name five kinds of ID. Each must be valid and unexpired and show a photo and date of birth:
- A driver's license from any US state, the District of Columbia or a US territory
- An ID card, including a temporary ID card, from any US state, the District of Columbia or a US territory
- A US military ID or other ID card issued by the US government, including a permanent resident card, alien registration card or consular card
- A passport or passport card
- A tribal enrollment card from a federally recognized tribe
The exact wording
In any prosecution for an offense under this paragraph (a)(1) it is an affirmative defense that the individual, who has not reached the age of 21 years, presented to the accused identification, with a photograph of the individual affixed on the identification, and the identification sets forth information that would lead a reasonable person to believe the individual was 21 years of age or older.
"Proof of age" means a driver's license or other government-issued identification with a photograph of the individual affixed thereon that indicates that the individual is 21 years old or older.
A valid, government-issued identification must contain a photo and the date of birth of the individual and be unexpired.
4 Del. C. 9044 Del. C. 56111 Del. C. 11154 DE Admin. Code 5001
Can you keep data from an ID scan in Delaware?
Yes. Ordinary venue scans have no general state retention period, while delivery records must be kept for set periods.
How long scan records are kept is a matter of venue policy. When a business permanently disposes of records that hold a customer's name with a driver's license, state ID or passport number, it must shred, erase or otherwise make that information unreadable. A customer who suffers actual damages from a reckless or intentional failure to do so can sue.
The record-keeping periods Delaware does set apply to alcohol delivery companies, not to venues. Delivery companies must keep each recipient's name, date of birth and delivery address for two years, and the state's delivery rule requires them to keep each delivery record, including the age verification data from the ID check, for three years.
The exact wording
In the event that a commercial entity seeks permanently to dispose of records containing consumers' personal identifying information within its custody or control, such commercial entity shall take reasonable steps to destroy or arrange for the destruction of each such record by shredding, erasing, or otherwise destroying or modifying the personal identifying information in those records to make it unreadable or indecipherable.
A consumer who incurs actual damages due to a reckless or intentional violation of this chapter may bring a civil action against the commercial entity.
The licensed third-party delivery vendor shall maintain a record of the following information for all recipients for a period of 2 years: name, date of birth, and address to which the alcoholic beverages were delivered.
What other Delaware laws reach the data you keep?
Delaware's data-security and breach-notification law, and its consumer privacy act for businesses handling data on 35,000 Delaware residents, or 10,000 from January 1, 2027.
A Delaware resident's name kept with a driver's license, state or federal ID card or passport number is personal information. Any business holding it must use reasonable security, and after a breach it must notify affected residents within 60 days unless it reasonably determines the breach is unlikely to cause harm. If more than 500 residents are affected, it must also notify the Attorney General.
The Delaware Personal Data Privacy Act applies to a business that, in the previous calendar year, handled the personal data of at least 35,000 Delaware residents, not counting data used only to complete a payment, or of at least 10,000 while earning more than 20 percent of its gross revenue from selling personal data. From January 1, 2027, those numbers fall to 10,000 and 5,000. Only Delaware residents count toward them.
A covered business must limit the personal data it collects and uses to what is reasonably necessary for the purposes it discloses, and it needs the customer's consent to process sensitive data, which includes biometric data. A photo is not biometric data unless data from it is generated to identify a person. The Department of Justice enforces the act, and it gives customers no right to sue.
The exact wording
Any person who conducts business in this State and owns, licenses, or maintains personal information shall implement and maintain reasonable procedures and practices to prevent the unauthorized acquisition, use, modification, disclosure, or destruction of personal information collected or maintained in the regular course of business.
This chapter applies to persons that conduct business in the State or persons that produce products or services that are targeted to residents of the State and that during the preceding calendar year did any of the following: (1) Controlled or processed the personal data of not less than 35,000 consumers, excluding personal data controlled or processed solely for the purpose of completing a payment transaction. (2) Controlled or processed the personal data of not less than 10,000 consumers and derived more than 20% of their gross revenue from the sale of personal data.
This chapter applies to persons that conduct business in this State or persons that produce products or services that are targeted to residents of this State and that during the preceding calendar year did any of the following: (1) Controlled or processed the personal data of not less than 10,000 consumers, excluding personal data controlled or processed solely for the purpose of completing a payment transaction. (2) Controlled or processed the personal data of not less than 5,000 consumers and derived more than 20% of their gross revenue from the sale of personal data. (3) Third parties who acquire personal data from a controller.
6 Del. C. 12B-1016 Del. C. 12B-1026 Del. C. 12D-1036 Del. C. 12D-106
Does scanning give you a defense if you serve a minor in Delaware?
No, but a scan record can help show which photo ID was shown before the sale.
Alcohol
Delaware's alcohol law gives a defense in a prosecution for selling to a minor when the minor presented an ID with their photograph that set out information that would lead a reasonable person to believe they were 21 or older. The defense turns on the ID the customer presented, not on how staff checked it.
Separately, the alcohol commissioner may not suspend or cancel a license, or fine the venue, over a sale to a minor when staff made a reasonable effort to find out the customer's age. That effort is made when, before the sale, staff require the customer to show a photo ID with information that would lead a reasonable person to believe they were 21 or older. A scan record can help show which ID was shown and when.
Tobacco and vape
A retailer has a defense when the customer presented proof of age that would lead a reasonable person to believe they were 21 or older. An owner or store manager charged over an employee's sale has a separate defense if, beforehand, the business adopted and enforced a written policy against sales to anyone under 21, told employees the law, had them sign that they understood the policy, required them to check photo ID and enforced penalties for breaking the policy. That defense can be used once per location in any 36 months.
Cannabis
Cannabis stores have the same defense, and the cannabis commissioner may not suspend, cancel or fine a store whose staff required a photo ID of the same kind before the sale.
The exact wording
In any prosecution for an offense under this subsection, it shall be an affirmative defense that the individual, who has not reached the age of 21 years, presented to the accused identification, with a photograph of such individual affixed thereon, which identification sets forth information which would lead a reasonable person to believe such individual was 21 years of age or older.
The Commissioner shall not cancel or suspend any license for the sale of alcoholic liquors or impose any fine for an alleged violation of § 708 or § 904 of this title where the licensee or its employee has made a reasonable effort to determine the age of a purchaser of alcoholic liquors. For purposes of this subsection, a licensee or its employee shall be deemed to have made a reasonable effort to determine the age of a purchaser if, prior to any sale of alcoholic liquors, the licensee or its employee requires the purchaser to display identification, with a photograph of the purchaser thereon affixed, which sets forth information that would lead a reasonable man to believe the purchaser to be 21 years of age or older.
In any prosecution for an offense under this subpart, it shall be an affirmative defense that the purchaser or recipient of tobacco products or tobacco substitutes who had not reached the age of 21 years presented to the accused proof of age which set forth information that would lead a reasonable person to believe that such individual was 21 years of age or older.
The Commissioner may not cancel or suspend any license for the sale of marijuana products or impose any fine for an alleged violation of § 1306 or § 1312 of this title where the licensee or its employee has made a reasonable effort to determine the age of a purchaser of the marijuana products.
4 Del. C. 9044 Del. C. 56111 Del. C. 112211 Del. C. 11234 Del. C. 1361
Can a customer refuse an ID scan in Delaware?
Delaware does not create a specific right to refuse a scan or require a manual alternative.
How a venue handles a customer who does not want their ID scanned is generally a matter of venue policy. Where Delaware requires an ID check, such as tobacco and vape sales to customers under 30, cannabis sales and alcohol deliveries, the sale cannot go ahead without an acceptable ID. Tobacco and vape retailers may ask any customer for proof of age.
Any refusal of service is subject to Delaware's public-accommodation law, which bars refusing service, directly or indirectly, because of race, age, marital status, creed, religion, color, sex, disability, sexual orientation, gender identity, military status or national origin.
Alcohol, tobacco and cannabis
Bars and taprooms
A tavern or taproom may not let anyone under 21 in or let them stay.
The licensee faces a fine of up to $100. The exceptions include employees 18 or older, people 18 or older picking up a food order for a delivery service and social events held while the bar is closed for business, with all alcohol removed or locked away. Nobody under 21 may enter or work in a tavern or taproom that offers sexually oriented entertainment.
4 Del. C. 904Restaurants, takeout and delivery
Restaurants may refuse entry to anyone under 21 after 9 p.m. unless a parent or guardian is with them.
Drinks sold to go must be sold by a certified alcohol server, and deliveries must be made by a licensed third-party delivery company that checks the recipient's photo ID. The venue's responsibility for a delivery ends when it hands the alcohol to the delivery company.
4 Del. C. 512Tobacco and vape
Retailers must ask for proof of age from anyone under 30.
Proof of age is a driver's license or other government-issued photo ID showing the customer is 21 or older. Fines run from $250 for a first offense to $1,000 for a third, and after a repeat offense within 12 months a court can suspend the retailer's tobacco license for up to six months.
11 Del. C. 1116Cannabis
Cannabis stores check a government-issued photo ID before every sale.
Customers first enter a waiting area where staff verify their ID. A store that has reasonable cause to believe someone under 21 is using a fake ID may confiscate it, and must then hand it to the police within 72 hours.
4 Del. C. 1332What this means for your AgeShield setup
These are the AgeShield settings affected by the Delaware rules above. How you configure them is ultimately a decision for your venue.
- How long visits are kept
- Delaware sets no retention period for ID scan data. When a business permanently disposes of records holding a customer's name with a driver's license, state ID or passport number, it must make that information unreadable.AgeShield setting: Set your retention period based on your venue's own policy.
- Which ID fields are stored
- Delaware does not specify which ID fields may be stored. A Delaware resident's name kept with a driver's license, state or federal ID card or passport number is personal information under the state's data-security and breach-notification law.AgeShield setting: Choose which ID fields are collected and stored. Individual fields can be switched off.
- Consent screen
- Delaware does not require a consent screen for ID scanning. Above its thresholds, the Delaware Personal Data Privacy Act requires consent to process sensitive data, such as biometric data used to identify a person.AgeShield setting: Enable the consent screen if your venue chooses to use one as part of its own policy.
- Manual entry
- Delaware's alcohol, tobacco and cannabis defenses turn on the photo ID the customer presented, not on how it was read.AgeShield setting: Enable manual entry so staff can record a check when an ID cannot be scanned.
- Banned and watch lists
- Delaware has no law on venue lists. Its public-accommodation law bars refusing service, directly or indirectly, because of a protected characteristic such as race, age, marital status, disability, military status or national origin.AgeShield setting: Use behavior-based reasons and notes for Banned and custom list entries.
Common questions
Is it legal to scan IDs at a bar in Delaware?
Yes. Delaware has no law that restricts ID scanning, and no state law sets which details a bar may keep from a scan.
Do you have to check IDs in Delaware, and when?
It depends on what you sell. Tobacco and vape retailers must check proof of age for customers under 30, cannabis stores check ID before every sale and alcohol delivery drivers verify every recipient. Bars and restaurants have no statewide rule to card every customer, although taverns and taprooms generally may not admit people under 21.
Which IDs provide protection in Delaware?
For alcohol, Delaware focuses on what the ID shows rather than naming a fixed list: it must carry the customer's photograph and information that would lead a reasonable person to believe the customer is 21 or older. Tobacco sales need a driver's license or other government-issued photo ID, and cannabis stores check a valid, unexpired government-issued photo ID of a kind the state's rules name.
Can you keep data from an ID scan in Delaware?
Yes. No Delaware law sets which details from a scan may be kept or for how long. Records containing a customer's name and ID number must be made unreadable when permanently disposed of, while delivery companies have separate recordkeeping periods.
Can a Delaware bar be fined for selling alcohol to a minor who showed a fake ID?
Not by the alcohol commissioner, if staff made a reasonable effort to find out the customer's age. Staff are treated as having made that effort when, before the sale, they required the customer to show a photo ID with information that would lead a reasonable person to believe the customer was 21 or older. A scan record can help show which ID was shown.
Does scanning give you a defense if you serve a minor in Delaware?
A scan does not create the alcohol protections, but it can document which photo ID was shown before the sale. Delaware's alcohol defense, and the rule that stops the alcohol commissioner from suspending or fining a venue, turn on the customer showing a photo ID that would lead a reasonable person to believe they were 21 or older.
Can people under 21 go into a Delaware bar?
Not into a tavern or taproom, apart from narrow exceptions such as employees 18 or older and social events held while the bar is closed. Restaurants may refuse entry to anyone under 21 after 9 p.m. unless a parent or guardian is with them.
Does the Delaware Personal Data Privacy Act apply to my venue?
It applies to a business that handled the personal data of at least 35,000 Delaware residents in the previous calendar year, not counting data used only to complete a payment, or of 10,000 residents where more than 20 percent of gross revenue comes from selling personal data. From January 1, 2027, the numbers are 10,000 and 5,000. Customers who live in other states do not count toward them.
Can a customer refuse an ID scan in Delaware?
Delaware does not specifically regulate refusal of a scan or require a manual alternative. Where an ID check is mandatory, the customer still needs acceptable identification for the transaction to proceed.
Sources
- 4 Del. C. 512
- 4 DE Admin. Code 507
- 4 Del. C. 904
- 11 Del. C. 1116
- 11 Del. C. 1117
- 4 Del. C. 1332
- 4 Del. C. 1309A
- 4 Del. C. 561
- 11 Del. C. 1115
- 4 DE Admin. Code 5001
- 6 Del. C. 5002C
- 6 Del. C. 5001C
- 6 Del. C. 12B-101
- 6 Del. C. 12B-102
- 6 Del. C. 12D-103
- 6 Del. C. 12D-106
- 11 Del. C. 1122
- 11 Del. C. 1123
- 4 Del. C. 1361
- 6 Del. C. 4504
This page is for informational purposes only and is not a substitute for professional legal advice. We research each rule and link its source, so you can check it against your own venue. Questions are welcome at support@ageshield.bar.
ID scanning laws in nearby states
Rules change across state lines. Compare the ID-scanning guidance for nearby states.
- State lawState law
Maryland ID scanning laws
Maryland allows ID scanning, while privacy and dispensary rules limit what some businesses may collect. See the key ID and data rules.
- State lawState law
Pennsylvania ID scanning laws
Pennsylvania requires scans for certain permits and protects good-faith reliance. See which permits, and what you may keep.
- State lawState law
New Jersey ID scanning laws
New Jersey allows an age-verification scan but not keeping the result. See the five fields it may read and the limits.
Still unsure how Delaware applies to your venue?
Tell us what type of venue you run and we'll point you to the published rules we know of that may apply.