State guide
Massachusetts ID scanning laws
Massachusetts has no specific law governing ID scanning, but several rules still matter for venues.
For bars, restaurants, dispensaries and retailers, the questions that matter are when you need to check IDs, which credentials carry the statutory protection, what scan data you can keep and how that data has to be protected.
Reviewed September 15, 2026 ยท 9 primary sources linked
Massachusetts at a glance
- Can you scan IDs in Massachusetts?
- Yes.Massachusetts does not specifically prohibit or regulate ID scanning.
- Do you have to check IDs?
- It depends on what you sell.Alcohol, cannabis and tobacco are treated differently under Massachusetts law.
- Can you keep data from an ID scan?
- Yes.Massachusetts sets no retention period. Other data-security requirements may apply depending on what is kept.
- Does scanning protect you if you serve a minor?
- Not by itself, but a scan record can help show the ID staff relied on.For alcohol, the protection comes from reasonable reliance on a qualifying credential rather than from the scanner.
- Can a customer refuse to be scanned?
- Massachusetts does not specifically regulate this.State law does not require a venue to offer a manual alternative to a scan.
What Massachusetts venues should know
Is it legal to scan IDs in Massachusetts?
Yes. Massachusetts does not specifically restrict ID scanning.
Massachusetts law does not require venues to scan an ID, but it also does not contain a general prohibition on doing so. That makes an important distinction: checking an ID and scanning an ID are not the same legal requirement. Some businesses are required to verify age. That does not necessarily mean they are required to use a scanner.
Do you have to check IDs in Massachusetts, and when?
It depends on what you sell.
Alcohol
Massachusetts prohibits selling alcohol to anyone under 21. The alcohol statute does not separately require ID scanning. Massachusetts does, however, provide statutory protection when a licensee or employee reasonably relies on certain qualifying forms of identification.
Cannabis
Adult-use marijuana establishments verify identification twice:
- When a customer enters the establishment
- Again at the point of sale
Tobacco and vape
Sellers must verify a purchaser's age using a valid government-issued photographic identification containing the person's date of birth. Certain tobacco-only premises also require an age check at entry.
Which IDs provide protection in Massachusetts?
The seven credentials the statute names.
Massachusetts law names specific credentials that can support the statutory protection available to alcohol sellers, and that list was widened in April 2025. This is different from saying that every other ID is invalid. The relevant question is whether the credential qualifies for the protection provided under Massachusetts alcohol law.
Examples of credentials outside that statutory list
- Driver's licenses issued outside the United States, including Canadian provincial licenses
- Identification cards issued by US territories
- Tribal identification cards
- Mobile or digital IDs stored in a phone wallet
A US military ID is included in the statutory list. Scanning military IDs raises a separate question.
Can you keep data from an ID scan in Massachusetts?
Yes. Massachusetts does not set a specific minimum or maximum retention period for ID scan data.
That means your retention period is generally a matter of venue policy.
However, keeping information from an ID can trigger other Massachusetts data-security requirements. What you store is what decides which other rules apply.
What other Massachusetts laws reach the data you keep?
Keeping certain ID information can bring Massachusetts data-security rules into play.
For example, keeping a Massachusetts resident's name together with a driver's license or state identification number can fall within the state's definition of personal information.
Businesses handling that information may be subject to requirements around:
- Written information security procedures
- Encryption
- Service provider safeguards
- Secure disposal
- Periodic review of security practices
So while Massachusetts does not tell you how long ID scan data must be kept, it does regulate how certain personal information must be protected once you keep it.
The exact wording
Every person that owns or licenses personal information about a resident of the Commonwealth shall develop, implement, and maintain a comprehensive information security program.
Does scanning give you a defense if you serve a minor in Massachusetts?
No. Using an ID scanner does not itself create the statutory protection.
For alcohol sales, Massachusetts law focuses on reasonable reliance on one of the credentials named in the statute.
The protection does not depend on whether the ID was:
- Scanned
- Manually inspected
- Entered into a visitor log
- Stored after the check
An ID scanner can help a venue inspect and document an ID check, but the scanner itself is not what creates the protection under Massachusetts law.
The exact wording
No modification, suspension, revocation or cancellation of such license, nor ... criminal liability.
Can a customer refuse an ID scan in Massachusetts?
Massachusetts does not specifically regulate this situation.
The state does not require a venue to offer manual inspection as an alternative to scanning. If a guest does not want their ID scanned, how the venue handles that situation is therefore generally a matter of venue policy, subject to any other applicable laws.
Alcohol, cannabis and tobacco
Alcohol
No duty to card, and the protection does not depend on scanning.
Massachusetts law provides protection when an alcohol licensee or employee reasonably relies on certain qualifying credentials. Scanning can support the ID-checking process, but the protection does not depend on scanning.
M.G.L. c. 138, s. 34BCannabis
Customers are checked twice.
Adult-use marijuana establishments verify identification when the customer enters and again when the transaction takes place. Cannabis regulations also place limits on recording personal information beyond what is ordinarily required for a retail transaction without written permission.
935 CMR 500Tobacco and vape
Age must be verified at every sale.
Massachusetts requires sellers to verify age using valid government-issued photographic identification containing the purchaser's date of birth. Scanning itself is not specifically required.
105 CMR 665What this means for your AgeShield setup
These are the AgeShield settings affected by the Massachusetts rules above. How you configure them is ultimately a decision for your venue.
- How long visits are kept
- Massachusetts sets no specific retention period for ID scan data, so how long you keep visits is a matter of venue policy.AgeShield setting: Set your retention period based on your venue's own policy.
- Which ID fields are stored
- Massachusetts does not specify which ID fields may be stored. However, the information you keep can determine whether the state's data-security requirements apply.AgeShield setting: Choose which ID fields are collected and stored. Individual fields can be switched off.
- Consent screen
- Massachusetts does not specifically require a consent screen for ID scanning.AgeShield setting: Enable the consent screen if your venue chooses to use one as part of its own policy.
- Security of what you keep
- Keeping certain combinations of personal information, such as a person's name together with a driver's license or state ID number, can trigger Massachusetts data-security requirements.AgeShield setting: Use the privacy and retention controls to limit what information is stored and how long it is kept.
Common questions
Is it legal to scan IDs at a bar in Massachusetts?
Yes. Massachusetts does not have a law that generally prohibits ID scanning.
Does scanning an ID protect me if I accidentally serve a minor?
Scanning itself does not create the statutory protection. Massachusetts alcohol law focuses on reasonable reliance on qualifying credentials.
How long can I keep ID scan data?
Massachusetts does not set a specific ID-scan retention period, although other data-security requirements may apply.
Do I have to scan IDs electronically?
Massachusetts has age-verification requirements in several industries, but scanning itself is generally not the requirement.
Can I scan a military ID?
Military IDs appear on the Massachusetts alcohol statute's list of qualifying credentials, but federal rules create separate considerations around scanning or copying military identification.
Sources
- M.G.L. chapter 138
- 204 CMR 2.00
- M.G.L. c. 138, s. 34
- 935 CMR 500.140(2)
- 105 CMR 665.020
- M.G.L. c. 138, s. 34B
- M.G.L. chapter 93I
- 201 CMR 17
- M.G.L. chapter 93H
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
Rhode Island ID scanning laws
Rhode Island allows driver's license scans to check age, but information from a scan cannot be stored. See which IDs count.
- State lawState law
Connecticut ID scanning laws
Connecticut caps scan records at four fields. See the defense that earns you, and why storing the ID number matters.
- 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.
Still unsure how Massachusetts 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.