State guide
Maine ID scanning laws
Maine does not restrict ID scanning, and bars, restaurants and stores must check a photo ID before selling or serving alcohol to anyone under 27.
For bars, restaurants, dispensaries and retailers, the practical questions are when the ID check is mandatory, what counts as reliable proof of age, what a scan record may contain and when Maine's rules on copying its driver's licenses apply.
Reviewed September 27, 2026 · 14 primary sources linked
Maine at a glance
- Is it legal to scan IDs in Maine?
- Yes.Maine does not specifically restrict ID scanning. Its alcohol and tobacco laws define the ID check but do not prescribe whether staff read the ID visually or electronically.
- Do you have to check IDs in Maine, and when?
- It depends on what you sell.Bars, restaurants and stores must check reliable photo ID before serving or selling alcohol to anyone under 27, tobacco and vape retailers check anyone under 30 and cannabis stores verify age before every sale.
- Which IDs provide protection in Maine?
- Any reliable photo ID that shows the date of birth.Maine's alcohol law does not create an ID-based defense, although it separately allows a licensee to refuse service when a customer will not show a Maine driver's license, Maine ID card or tribal ID card from a tribe in Maine on request.
- Can you keep data from an ID scan in Maine?
- Yes.No Maine law sets which details read from an ID may be kept or for how long. Maine's rules on copying a driver's license apply to copies of the card itself, not to information read from its barcode.
- What other Maine laws reach the data you keep?
- A stored name plus a driver's license or state ID number can trigger Maine's breach-notification law.Maine does not currently have a comprehensive consumer privacy law.
- Does scanning give you a defense if you serve a minor in Maine?
- A scan does not create an alcohol defense, but it can document which ID the customer presented and when.Tobacco retailers have a separate defense when they reasonably relied on fraudulent proof of age.
- Can a customer refuse an ID scan in Maine?
- Maine does not specifically regulate refusal of a scan or require a manual alternative.Maine's liquor liability law separately protects a licensee from damages for refusing in good faith to serve someone who fails to show proper identification of age.
What Maine venues should know
Is it legal to scan IDs in Maine?
Yes. Maine has no specific laws about ID scanning.
Maine's alcohol and tobacco laws require staff to check the age of customers under 27 for alcohol and under 30 for tobacco with reliable photo ID that shows the date of birth. They set a standard for the ID itself and do not say whether it is read by eye or by a scanner.
Do you have to check IDs in Maine, and when?
It depends on what you sell.
Alcohol
Maine prohibits selling or serving alcohol to anyone under 27 unless staff verify, with reliable photo ID showing the date of birth, that the customer is 21 or older. Bars and restaurants that sell drinks to go must check a photo ID showing the customer's name and date of birth at every delivery. A store selling a keg must also identify the buyer and record the buyer's name, address and date of birth on a state form.
Tobacco and vape
Retailers must verify age with reliable photo ID showing the date of birth before selling tobacco or vape products to anyone under 30. Looking 30 or older is not a defense, and tobacco may be sold only face to face.
Cannabis
Before every sale, cannabis stores must verify that the customer has a valid government-issued photo ID, or another accepted photo ID, showing they are 21 or older. The same check applies before a delivery or curbside pickup is completed.
The exact wording
A licensee or licensee's employee or agent may not sell, furnish, give or deliver liquor or imitation liquor to a person under 27 years of age unless the licensee or licensee's employee or agent verifies the person is not a minor by means of reliable photographic identification containing that person's date of birth.
Liquor may not be delivered unless the individual making the delivery verifies, by means of reliable photographic identification containing the person's name and date of birth, that the person to whom the delivery is made is not a minor.
The seller of the keg shall require positive identification of the purchaser.
Tobacco products may not be sold at retail to any person who has not attained 30 years of age unless the seller first verifies that person's age by means of reliable photographic identification containing the person's date of birth. That a person appeared to be 30 years of age or older does not constitute a defense to a violation of this section.
Prior to initiating a sale in a cannabis store, an employee of the cannabis store licensee shall verify that the purchaser has a valid government-issued photographic identification card, or other acceptable photographic identification, demonstrating that the purchaser is 21 years of age or older.
28-A M.R.S. 70628-A M.R.S. 105628-A M.R.S. 71422 M.R.S. 1555-B28-B M.R.S. 504
Which IDs provide protection in Maine?
Maine's standard is reliable photo ID that shows the customer's date of birth. For alcohol, no ID gives a venue a legal defense.
Maine's alcohol law also names three IDs, and a licensee may refuse to serve anyone who does not show one of them when asked:
- A Maine driver's license with the holder's photo
- A Maine ID card
- An official ID card from a federally recognized tribe in Maine
The alcohol and tobacco age checks themselves do not name particular IDs. Cannabis stores accept a valid government-issued photo ID or another photo ID allowed by state rule.
The exact wording
A licensee may refuse to serve liquor to any person who fails to display upon request an identification card issued under Title 29‑A, section 1410, including an official identification card issued by a federally recognized Indian tribe in the State as described in Title 29‑A, section 1410, subsection 7, or a motor vehicle operator's license bearing the photograph of the operator and issued under Title 29‑A, chapter 11.
An official identification card issued by a federally recognized Indian tribe in the State is deemed an identification card issued under this section.
The department shall by rule determine the forms of photographic identification that a cannabis store licensee may accept when verifying a purchaser's age.
Can you keep data from an ID scan in Maine?
Yes. Maine gives venues flexibility over scan data but separately restricts copies of the Maine driver's license itself.
Maine has no law on which details from an ID may be stored or for how long, so the retention period is a matter of venue policy. For a keg sale, the store records the buyer's name, address and date of birth on a state form and keeps it as a licensee record.
Copies of the license itself are treated differently. Printing, reproducing, selling or transferring a document in the form of a Maine driver's license without the Secretary of State's written consent is a crime, and so is copying the license's graphic design or security features without that consent. Without it, a Maine driver's license may be photocopied only for four listed purposes, such as proof of identification for a financial transaction conducted by the license holder.
A paper or digital copy made for one of those purposes must be kept in a secure, nonpublic location and may not be published, reproduced, distributed or disclosed for any other purpose unless another law allows it. These rules speak to copies of the card and do not mention information read from its barcode.
The exact wording
A person commits a Class D crime if that person prints, prepares, reproduces, sells or transfers without the written consent of the Secretary of State a paper or document in the form of a certificate of registration, driver's license or any other certificate, permit, license or form used by the Secretary of State in administering this Title.
Any photocopy or other electronic copy of a driver's license or certificate of registration permitted under this subsection must be kept in a secure, nonpublic location and, unless permitted pursuant to another applicable law, may not be published, reproduced, distributed or disclosed for any other purpose.
The graphic design used on the license may not be reproduced, copied or distributed without the written consent of the Secretary of State. A violation of this subsection is a violation of section 2103, subsection 4.
The security components contained on the license may not be reproduced, copied or distributed without the written consent of the Secretary of State. A violation of this subsection is a violation of section 2103, subsection 4.
The form must include the name, address and date of birth of the purchaser and the identification number of the keg.
What other Maine laws reach the data you keep?
Stored ID numbers can trigger Maine's breach-notification law.
A customer's name kept with a driver's license or state ID number is personal information under Maine's breach law unless both are encrypted or redacted. After a breach, the business must promptly investigate and notify affected Maine residents if the information has been misused or misuse is reasonably possible, no more than 30 days after it learns of the breach and identifies its scope unless a criminal investigation delays the notice.
The business must also notify its state regulator within the Department of Professional and Financial Regulation or, if that department does not regulate it, the Attorney General. A service provider that keeps the data on the business's behalf must tell the business immediately after discovering a breach in which the information was, or is reasonably believed to have been, acquired by an unauthorized person.
The exact wording
A 3rd-party entity that maintains, on behalf of a person, computerized data that includes personal information that the 3rd-party entity does not own shall notify the person maintaining personal information of a breach of the security of the system immediately following discovery if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person.
Does scanning give you a defense if you serve a minor in Maine?
No, but a scan record can help show which ID the customer presented.
Alcohol
Maine's alcohol law gives a venue no defense based on the ID it checked, scanned or not. In a license case, the District Court is not required to hold a licensee liable for a sale to a minor who presented fraudulent proof of age, but it may still do so.
In a civil claim under the Maine Liquor Liability Act, evidence of responsible serving practices, including the policies and procedures in place at the time of service, is admissible to show the server was not negligent or reckless. It does not settle the question on its own.
Tobacco and vape
A retailer has a defense to a charge of selling to someone under 21 if it reasonably relied on fraudulent proof of age the customer presented. That the customer appeared to be 30 or older is not a defense.
The exact wording
This subsection does not require the District Court to hold licensees that sold liquor to minors who furnished fraudulent proof of age liable administratively;
Proof of the server's responsible serving practices is admissible as evidence that the server was not negligent or reckless.
Proof or disproof that the server was adhering to responsible serving practices is not by itself proof or disproof of negligence or recklessness.
It is an affirmative defense to prosecution for a violation of subsection 1, 2 or 4 that the defendant sold or furnished, or offered to sell or furnish, a tobacco product in violation of subsection 5‑A in reasonable reliance upon a fraudulent proof of age presented by the purchaser.
Can a customer refuse an ID scan in Maine?
Maine does not create a specific right to refuse a scan or require a manual alternative.
Maine does not require a venue to offer an alternative to scanning, so how a venue handles a guest who does not want their ID scanned is generally a matter of venue policy. Any refusal of service remains subject to Maine's public-accommodation law, which bars refusing service or setting different terms of access because of race or color, sex, sexual orientation or gender identity, age, physical or mental disability, religion, ancestry or national origin.
Maine's alcohol law lets a licensee refuse to serve anyone who does not show a Maine driver's license, a Maine ID card or a tribal ID card from a tribe in Maine when asked. A licensee is not liable for damages for a good-faith refusal to serve someone who fails to show proper identification of age. Nor is it liable for holding an ID presented as proof of age for a reasonable time, in a good-faith effort to find out whether the person is 21 or older, as long as staff tell the person why they are holding it.
Alcohol, tobacco and cannabis
Alcohol
Staff must check a photo ID before selling or serving alcohol to anyone under 27.
The ID must be reliable photo identification that shows the customer's date of birth. Bars and restaurants that sell drinks to go must check a photo ID showing the customer's name and date of birth at every delivery.
28-A M.R.S. 706Tobacco and vape
Retailers must check a photo ID for anyone under 30.
The ID must be reliable photo identification with the customer's date of birth, and looking 30 or older is not a defense. A retailer that reasonably relied on fraudulent proof of age presented by a customer under 21 has a defense.
22 M.R.S. 1555-BCannabis
Cannabis stores verify age before every sale.
Staff must confirm that the customer has a valid government-issued photo ID, or another accepted photo ID, showing they are 21 or older. The same check applies before a delivery or curbside pickup is completed.
28-B M.R.S. 504What this means for your AgeShield setup
These are the AgeShield settings affected by the Maine rules above. How you configure them is ultimately a decision for your venue.
- How long visits are kept
- Maine sets no retention period for information from an ID scan. Stores that sell kegs keep a state form with the buyer's name, address and date of birth as a licensee record.AgeShield setting: Set your retention period based on your venue's own policy.
- Which ID fields are stored
- Maine does not limit which ID details may be stored. A customer's name kept with a driver's license or state ID number is personal information under Maine's breach-notification law unless both are encrypted or redacted.AgeShield setting: Choose which ID fields are collected and stored. Individual fields can be switched off.
- Guest images
- Without the Secretary of State's written consent, Maine allows a photocopy of a Maine driver's license only for listed purposes, and a paper or digital copy made for them must be kept in a secure, nonpublic location and not disclosed for any other purpose. Copying the license's graphic design or security features without that consent is a crime.AgeShield setting: Photo Capture has three separate controls. Auto document crop captures a full image of the ID, Auto face crop extracts only the face image from the ID and Person photo is a photo staff take of the guest. Each is switched on or off by the venue.
- Consent screen
- Maine does not require customer consent before an ID scan.AgeShield setting: Enable the consent screen if your venue chooses to use one as part of its own policy.
- Manual entry
- Maine's alcohol and tobacco laws set a standard for the ID, reliable photo ID showing the date of birth, rather than a way of reading it.AgeShield setting: Enable manual entry so staff can record a check when an ID cannot be scanned.
- Banned and watch lists
- Maine's public-accommodation law bars refusing service, or setting different terms of access, because of a protected characteristic such as race, sex, age, disability, religion, ancestry 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 Maine?
Yes. Maine has no specific laws about ID scanning.
Do you have to check IDs in Maine, and when?
It depends on what you sell. Bars, restaurants and stores must check reliable photo ID before serving or selling alcohol to anyone under 27, tobacco and vape retailers check anyone under 30 and cannabis stores verify age before every sale.
Does Maine require an ID check for alcohol customers under 27?
Yes. Maine law prohibits selling or serving alcohol to anyone under 27 unless staff verify, with reliable photo ID showing the date of birth, that the customer is 21 or older.
Which IDs provide protection in Maine?
For alcohol and tobacco, Maine uses a functional standard: reliable photo identification showing the customer's date of birth. Maine's alcohol law does not create an ID-based defense, although it separately allows a licensee to refuse service when a customer will not show a Maine driver's license, Maine ID card or tribal ID card from a tribe in Maine on request.
Can you keep data from an ID scan in Maine?
Yes. No Maine law sets which details read from an ID may be kept or for how long, although a name stored with a driver's license or ID number can bring Maine's breach-notification law into play.
Can a business photocopy a Maine driver's license?
Without the Secretary of State's written consent, only for the four purposes Maine lists, such as proof of identification for a financial transaction conducted by the license holder. A permitted copy, on paper or digital, must be kept in a secure, nonpublic location and may not be disclosed for any other purpose.
Does scanning give you a defense if you serve a minor in Maine?
A scan does not create an alcohol defense, but it can document which ID the customer presented. Tobacco retailers have a separate defense when they reasonably relied on fraudulent proof of age.
Can a customer refuse an ID scan in Maine?
Maine does not specifically regulate refusal of a scan or require a manual alternative. Maine's liquor liability law separately protects a licensee from damages for refusing in good faith to serve someone who fails to show proper identification of age.
What is the ID age for tobacco in Maine?
Tobacco and vape retailers must verify age with reliable photo ID for anyone under 30. Appearing to be 30 or older is not a defense.
Sources
- 28-A M.R.S. 706
- 22 M.R.S. 1555-B
- 28-A M.R.S. 1056
- 28-A M.R.S. 714
- 28-B M.R.S. 504
- 29-A M.R.S. 1410
- 29-A M.R.S. 2103
- 29-A M.R.S. 1401
- 10 M.R.S. 1347
- 10 M.R.S. 1348
- 28-A M.R.S. 802
- 28-A M.R.S. 2515
- 28-A M.R.S. 2516
- 5 M.R.S. 4592
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
New Hampshire ID scanning laws
New Hampshire prohibits electronically recording what an ID scan returns. See what that rules out and what is still allowed.
- State lawState law
Massachusetts ID scanning laws
Massachusetts does not specifically regulate ID scanning. See when checks are required, what you can keep and what protection applies.
- State lawState law
Vermont ID scanning laws
Vermont does not restrict ID scanning, and a sale after a customer shows a listed ID is evidence of compliance. See which IDs count.
Still unsure how Maine 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.