State guide
Michigan ID scanning laws
Michigan does not restrict ID scanning, and a digital record can help venues document that an age check took place.
For bars, restaurants and retailers, the key questions are when identification needs to be checked, what information may be kept afterwards and how the value of an ID check changes between criminal, licensing and civil proceedings.
Reviewed September 19, 2026 ยท 7 primary sources linked
Michigan at a glance
- Is it legal to scan IDs in Michigan?
- Yes.Michigan does not have a law specifically restricting the scanning of a driver's license or state ID.
- Do you have to check IDs in Michigan, and when?
- It depends on what you sell.Alcohol law focuses on whether the seller made a diligent inquiry when age was in question. Tobacco and vape retailers must verify age for customers who appear under 27, and cannabis retailers must check government-issued photo ID before each sale.
- Which IDs provide protection in Michigan?
- Michigan generally accepts a broad range of government-issued credentials, but the exact protection depends on the proceeding.The civil dram-shop defense is narrower and specifically names Michigan-issued credentials.
- Can you keep data from an ID scan in Michigan?
- Yes.Michigan does not set a scan-specific field limit, purpose restriction or fixed retention period. Separate rules apply when personal information is eventually removed and disposed of.
- What other Michigan laws reach the data you keep?
- Michigan's identity-theft and civil-rights laws can still apply.Stored names and license numbers can trigger data-security obligations, while exclusion and banned-list decisions remain subject to anti-discrimination rules.
- Does scanning give you a defense if you serve a minor in Michigan?
- Not by itself, but a scan record can support the protections Michigan provides.Those protections differ between criminal cases, licensing proceedings and civil claims.
- Can a customer refuse an ID scan in Michigan?
- Michigan does not specifically address refusal of a scan.A venue still needs the customer to present qualifying identification if it wants to rely on Michigan's ID-based protections.
What Michigan venues should know
Is it legal to scan IDs in Michigan?
Yes. Michigan does not have a law specifically restricting ID scanning.
Michigan does not currently require, prohibit or separately regulate reading the machine-readable data on a driver's license or state ID for ordinary venue age verification.
The state considered legislation in 2008 that would have restricted databases built from barcode data, but those bills were not enacted. For today's venues, the more important rules are therefore the ones governing how age is verified and what legal protection that verification can provide.
Do you have to check IDs in Michigan, and when?
The answer depends on the product being sold.
Alcohol
Michigan does not require every alcohol customer to be carded. Instead, the law looks at whether the seller made a diligent inquiry when age was in question.
That inquiry can be based on examining qualifying identification. Michigan also recognizes a separate electronic identity-verification process using a specified secure biometric device, although that is different from an ordinary driver's-license barcode scan.
Tobacco and vape
Before selling tobacco, vapor or nicotine products, the seller must verify that the customer is at least 21 when the person appears to be under 27. The check is made using government-issued photographic identification.
Cannabis
Adult-use cannabis retailers must verify age using government-issued photographic identification containing the customer's date of birth before every sale.
Which IDs provide protection in Michigan?
Michigan accepts a broad range of identification for most age-verification purposes, but one important civil defense is much narrower.
For ordinary alcohol age verification and the criminal protection, Michigan recognizes licenses, military IDs and other genuine documents that show a person's age and identity. That can include out-of-state licenses and passports.
The civil dram-shop defense is different. It specifically refers to a Michigan driver's license or Michigan official state personal identification card.
That distinction matters for venues serving travelers. An out-of-state ID can still support the criminal and licensing protections, but it does not provide the same statutory civil defense.
Michigan does not currently have a state mobile ID credential.
Can you keep data from an ID scan in Michigan?
Yes. Michigan does not impose scan-specific limits on the fields you may keep or how long you may keep them.
There is no Michigan ID-scanning statute setting a retention period, restricting the data to particular fields or limiting stored scan information to specific purposes. That gives venues considerably more flexibility than states that prescribe a field list or mandatory deletion period.
Michigan does still regulate the later disposal of personal information. When covered information is removed from a database and is not being retained elsewhere for another lawful purpose, it must be destroyed appropriately.
Because Michigan has no separate scanning rule, manually entering information instead of reading it electronically does not create a different scan-specific legal category.
What other Michigan laws reach the data you keep?
Michigan's broader data-security and civil-rights rules can still affect how venue records are handled.
A database containing information such as a customer's name and driver's license number can fall within Michigan's Identity Theft Protection Act. That law includes requirements around data breaches and proper disposal of personal information.
Michigan does not currently have a comprehensive consumer privacy law or a general private-sector biometric privacy statute.
Venue exclusion decisions are separately subject to the Elliott-Larsen Civil Rights Act. Its protected characteristics include race, religion, national origin, age, sex, sexual orientation, gender identity or expression, height, weight, familial status and marital status.
For banned and watch lists, that means the reason for excluding a guest matters independently of how the information was collected.
Does scanning give you a defense if you serve a minor in Michigan?
A scan does not create the defense by itself, but a scan record can help document the ID check Michigan's protections depend on.
Michigan treats the issue differently depending on where the case arises.
Criminal proceeding
Proof that the seller demanded and was shown qualifying evidence of age and identity can provide a complete defense.
Liquor-license proceeding
The same evidence can be presented in defense of a licensing case, but it does not automatically resolve the proceeding.
Civil claim
Michigan's dram-shop defense is narrower. It specifically depends on the customer presenting a Michigan driver's license or Michigan official state personal identification card.
A scan record can be useful because it documents that identification was presented and checked. But the legal protection still comes from satisfying the underlying ID requirements rather than simply having used a scanner.
Can a customer refuse an ID scan in Michigan?
Michigan does not specifically create a right to refuse an ID scan.
The state also does not require venues to offer a separate manual alternative or require scanning in the first place.
What does matter is whether qualifying identification is actually presented. Michigan's alcohol protections depend on the seller demanding and being shown appropriate evidence of age and identity, so a customer who refuses to provide identification leaves the venue without those protections.
A refused or failed check does not by itself create a separate confiscation or reporting duty under the rules covered here.
Alcohol, tobacco and cannabis
Alcohol
A documented ID check can strengthen the venue's position, but the exact protection depends on the proceeding.
Michigan offers a complete criminal defense based on qualifying identification, allows the same evidence to be used in licensing proceedings and provides a narrower civil defense when a qualifying Michigan-issued credential was presented.
Scanning is not required, but maintaining a clear record of the check can help document what staff saw and relied on.
MCL 436.1701Tobacco and vape
Age verification is required for customers who appear under 27.
Before completing a tobacco, vape or nicotine sale, the seller must verify that the customer is at least 21 using qualifying government-issued photographic identification. This is a separate framework from Michigan's alcohol rules, so an alcohol scan should not automatically be treated as satisfying every tobacco requirement.
MCL 722.641Cannabis
Cannabis retailers must verify government-issued photo identification before every sale.
The credential must contain the purchaser's date of birth, and Michigan provides separate protections for retailers and employees who comply with the cannabis rules.
MCL 333.27960What this means for your AgeShield setup
These are the AgeShield settings affected by the Michigan rules above. How you configure them is ultimately a decision for your venue.
- Keeping a record of the check
- Michigan's alcohol protections depend on what identification was demanded and shown. A digital visit record can help document that process.AgeShield setting: Keep a record of your ID checks where your venue wants to document the credential staff reviewed and the result of the verification.
- How long visits are kept
- Michigan does not set a scan-specific retention period.AgeShield setting: Choose a retention period based on your venue's operational and compliance needs, and use appropriate deletion when the information is no longer being retained for a lawful purpose.
- Which ID fields are stored
- Michigan does not prescribe a scan-specific list of fields that may be retained.AgeShield setting: Collect and store the fields your venue actually needs rather than keeping unnecessary ID information by default.
- Issuing state
- The issuing jurisdiction can matter because Michigan's civil dram-shop defense is narrower than its criminal protection.AgeShield setting: Keep the issuing jurisdiction in the visit record where your venue needs to distinguish Michigan-issued credentials from out-of-state IDs.
- Banned and watch lists
- Michigan does not prohibit ordinary venue exclusion lists, but the state's civil-rights law applies to admission and service decisions.AgeShield setting: Use clear, behavior-based reasons for banned and watch-list entries and review those reasons against Michigan's protected characteristics.
- Manual entry
- Michigan has no separate rule making manually entered ID information legally different from scan-derived information.AgeShield setting: Enable manual entry so staff can document a check when a credential cannot be scanned.
Common questions
Is it legal to scan IDs at a bar in Michigan?
Yes. Michigan does not currently have a law specifically restricting the scanning of driver's licenses or state IDs for venue age verification.
Do you have to check IDs in Michigan, and when?
For alcohol, Michigan focuses on diligent inquiry when age is in question rather than requiring every customer to be carded. Tobacco and vape retailers must verify customers who appear under 27, and cannabis retailers must check government-issued photo ID before every sale.
Which IDs provide protection in Michigan?
Michigan generally recognizes a broad range of genuine government-issued IDs for criminal and licensing purposes. Its civil dram-shop defense is narrower and specifically refers to Michigan-issued identification.
Can you keep data from an ID scan in Michigan?
Yes. Michigan does not set a scan-specific field limit, purpose restriction or fixed retention period. Proper disposal requirements can apply when personal information is eventually removed.
Does scanning give you a defense if you serve a minor in Michigan?
Not by itself. A scan record can help document that qualifying identification was demanded and shown, but the legal protection depends on the underlying ID check and the type of proceeding.
Why does the customer's issuing state matter?
Michigan's civil dram-shop defense specifically names a Michigan driver's license or official state personal identification card. An out-of-state credential can still support other protections but does not provide that same civil defense.
Can a customer refuse an ID scan in Michigan?
Michigan does not specifically regulate refusal of a scan. However, a venue that cannot obtain qualifying identification may lose the ID-based protections available under Michigan law.
How long can I keep ID scan data in Michigan?
Michigan does not specify a maximum retention period for ordinary ID-scan records. Your venue should choose a retention period based on its actual need for the information and dispose of personal data appropriately when it is removed.
Sources
- MCL 436.1701
- MCL 722.641
- MCL 436.1801
- MCL 445.72a
- Elliott-Larsen Civil Rights Act
- MCL 436.1903
- MCL 333.27960
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
Ohio ID scanning laws
Ohio expressly allows ID scanning and provides a scan-based defense. See the four fields you can keep and the limits on using them.
- State lawState law
Indiana ID scanning laws
Indiana allows ID scanning and requires qualifying ID from customers who appear under 40 for carryout alcohol and tobacco. See which IDs count and how a scan can document the check.
- State lawState law
Wisconsin ID scanning laws
Wisconsin allows venues to require ID at the door and keep records of checks. See what the alcohol defense requires and how scanning can support it.
Still unsure how Michigan 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.