State guide
Montana ID scanning laws
Montana does not restrict ID scanning, and data from a scan made to check a buyer's age can be kept for up to 180 days.
For bars, restaurants, dispensaries and retailers, the practical questions are when an ID check is required, which IDs count as proof of age, how data from a scan may be used and how long it may be kept.
Reviewed September 29, 2026 ยท 17 primary sources linked
Montana at a glance
- Is it legal to scan IDs in Montana?
- Yes.Montana does not restrict ID scanning. When a business scans a government or tribal ID solely to determine age for an age-restricted sale, state law controls how the resulting data is used, shared and deleted.
- Do you have to check IDs in Montana, and when?
- It depends on what you sell.Dispensaries check a listed photo ID before every adult-use sale, and federal law requires tobacco retailers to check photo ID for buyers under 30. Drivers who deliver beer and wine for a delivery service, grocery store or pharmacy verify every recipient's age, but there is no statewide rule to card every customer at a bar, restaurant or store.
- Which IDs provide protection in Montana?
- Any government-issued photo ID with a date of birth that has not been altered.That is the Department of Revenue's standard for alcohol, and it includes licenses and passports from other states and countries. Montana's alcohol law itself names no IDs, and dispensaries use a closed list of six.
- Can you keep data from an ID scan in Montana?
- Yes, for up to 180 days.Data from a scan made to check age may be used only to determine the customer's age, may not be transferred or sold to another party and must be permanently deleted within 180 days.
- What other Montana laws reach the data you keep?
- A stored name and ID number can trigger Montana's breach-notification law.The Montana Consumer Data Privacy Act also applies to businesses that hold personal data of at least 25,000 Montana consumers.
- Does scanning give you a defense if you serve a minor in Montana?
- A scan does not create the alcohol defense, but it can document the ID the customer presented.The defense also requires a customer whose appearance would lead a reasonable person to believe they were 21 or older and a good-faith sale made in reasonable reliance on the customer's representation and appearance.
- Can a customer refuse an ID scan in Montana?
- Montana does not specifically regulate refusal of a scan or require a manual alternative.Where proof of age is mandatory, the customer still must present acceptable identification for the transaction to proceed.
What Montana venues should know
Is it legal to scan IDs in Montana?
Yes. Montana does not restrict ID scanning and directly regulates the data produced by scans made to check a buyer's age.
Montana's law on scan data applies to a business that scans a physical or digital version of a government or tribal ID to determine the person's age solely for the sale of age-restricted items. It does not require or prohibit the scan itself.
For those scans, the business:
- Must use data or metadata from the scan only to determine the person's age
- May not transfer or sell that data or metadata to another party
- Must permanently delete any data or metadata from the scan within 180 days
Tobacco and vape retailers that scan an ID must handle the data under the same rules. Dispensaries have a matching rule for scans of a driver's license.
Do you have to check IDs in Montana, and when?
It depends on what you sell.
Alcohol
Montana prohibits selling or serving alcohol to anyone under 21 or to anyone actually, apparently or obviously intoxicated, but it does not require every customer to be carded. Every licensee must display a placard from the Department of Revenue stating the consequences of violations by people under 21, and an all-beverages licensee must prevent anyone under 21 from drinking or possessing alcohol on its premises.
Beer and wine delivery
When a third-party delivery service, or a grocery store or pharmacy with its own drivers, delivers beer or wine, the law says the driver must use ID scanning software, or an alternative the Department of Revenue approves, to verify that the recipient is 21 or older at the time of delivery. The department's rule for third-party delivery drivers requires them to verify the recipient's age, lists the IDs they may use and says they may use scanning software to aid that check.
Tobacco and vape
Montana's own law still sets the minimum age at 18 and requires a photo ID when there is reasonable doubt about the customer's age. Federal law sets the minimum age at 21 and requires retailers to check photo ID showing the date of birth for any buyer under 30.
Cannabis
Dispensaries must refuse a sale to an adult-use customer who does not present one of the valid, unexpired photo IDs the state's cannabis rules list, showing that the customer is 21 or older.
The exact wording
It is unlawful for any licensee, a licensee's employee, or any other person to sell, deliver, or give away or cause or permit to be sold, delivered, or given away any alcoholic beverage to: (a) any person under 21 years of age; or (b) any person actually, apparently, or obviously intoxicated.
All licensees shall display in a prominent place in their premises a placard, issued by the department, stating fully the consequences for violations of the provisions of this code by persons under 21 years of age.
The person to whom the delivery is made must be at least 21 years of age. The driver shall use an identification scanning software technology or an alternative approved by the department to verify the age of the recipient at the time of delivery.
A third-party delivery driver may use scanning software technology to aid in the age verification of the recipient.
If there is a reasonable doubt as to the individual's age, the seller shall require presentation of a physical or digital version of a driver's license or other generally accepted identification that includes a picture of the individual.
Mont. Code Ann. 16-3-301ARM 42.13.1102Mont. Code Ann. 16-4-307ARM 42.12.155Mont. Code Ann. 16-11-30521 CFR 1140.14ARM 42.39.409
Which IDs provide protection in Montana?
Montana's alcohol law names no IDs. The Department of Revenue accepts any government-issued photo ID with a date of birth.
Alcohol
The alcohol defense asks whether the customer backed up a false claim of age with documentary evidence that a reasonable person would accept. The Department of Revenue's guidance says any government-issued ID is acceptable as long as it:
- Contains a photograph
- Contains a date of birth
- Has not been altered or manipulated
What that covers
The department's examples include Montana driver's licenses, US passports, military IDs and Montana tribal IDs, as well as driver's licenses from other states and other countries, passports from other countries, state college and university IDs and medical marijuana ID cards. Since September 1, 2025, Montana's mobile driver's licenses and state IDs are also acceptable.
Tobacco and vape
Montana's tobacco law asks for a driver's license or other generally accepted ID that includes a picture of the customer. Federal law requires a photo ID showing the date of birth for buyers under 30.
Cannabis
Montana's cannabis rules accept only these six kinds of valid, unexpired photo ID:
- A driver's license or temporary driver's permit from Montana or any other US state or territory, including a digital driver's license
- An ID card from Montana or any other US state or territory issued as proof of age
- A US military ID card
- A Merchant Mariner Credential or similar US Coast Guard document
- A passport or passport card issued or recognized by the US government, or a permanent resident card
- A tribal ID card, if the tribal government requires proof of age to issue it
The exact wording
Any government-issued ID is acceptable as long as it meets all of the following: Contains a photograph. Contains a date of birth. Has not been altered or manipulated.
Effective September 1, 2025, Montana's mobile driver's licenses and state IDs are acceptable for age verification.
A marijuana dispensary licensee and its employees must refuse to sell marijuana or marijuana products to any consumer unless the consumer possesses and presents one of the following forms of valid and unexpired photo identification showing that the consumer is 21 years of age or older: (a) a driver's license or temporary driver's permit issued by Montana or any other state or territory of the United States, including any state or territory that has authorized digital driver's licenses; (b) an identification card issued by Montana or any other state or territory of the United States for the purpose of proof of age of the holder of the card; (c) United States military identification card; (d) a Merchant Mariner Credential or other similar document issued by the United States Coast Guard; (e) a passport or passport card issued by, or recognized by, the United States Government or a permanent resident card issued by the United States Citizenship and Immigration Services of the Department of Homeland Security; or (f) a tribal identification card issued by a tribal government which requires proof of the age of the holder of the card for issuance.
Mont. Code Ann. 16-3-301Department of Revenue: acceptable IDsMont. Code Ann. 16-11-305ARM 42.39.409
Can you keep data from an ID scan in Montana?
Data from a scan made to check a buyer's age may be kept for up to 180 days, but it may be used only to determine age and may not be transferred or sold.
The rule applies to a business that scans a physical or digital version of a government or tribal ID to determine the person's age solely for the sale of age-restricted items. The business must use data or metadata from the scan only to determine the person's age, may not transfer or sell it to another party and must permanently delete it within 180 days.
The law does not say which details from a scan may be collected, and it has no exception for the customer's consent. Tobacco and vape retailers that scan an ID follow the same rule. Dispensaries that scan a driver's license have a matching rule, and their 180-day deletion applies unless the cannabis law or the Department of Revenue provides otherwise.
Separately, a business must take all reasonable steps to destroy customer records containing personal information, such as a name with a driver's license or state ID number, once it no longer needs to keep them, by shredding, erasing or otherwise making the information unreadable.
The exact wording
A business that scans a physical or digital version of a person's government or tribal-issued identification to determine the person's age solely for the sale of age-restricted items: (a) shall use data or metadata from the scan only to determine the person's age; (b) may not transfer or sell that data or metadata to another party; and (c) shall permanently delete any data or metadata from the scan within 180 days.
If the seller scans a physical or digital version of a person's government or tribal-issued identification, the seller shall handle data and metadata from the scan in accordance with 16-3-313.
A licensee that scans a person's physical or digital driver's license using an electronic reader to determine the person's age: (a) may only use data or metadata from the scan determine the person's age; (b) may not transfer or sell that data or metadata to another party; and (c) shall permanently delete any data or metadata from the scan within 180 days, unless otherwise provided for in this chapter or by the department.
A business shall take all reasonable steps to destroy or arrange for the destruction of a customer's records within its custody or control containing personal information that is no longer necessary to be retained by the business by shredding, erasing, or otherwise modifying the personal information in those records to make it unreadable or undecipherable.
Mont. Code Ann. 16-3-313Mont. Code Ann. 16-12-104Mont. Code Ann. 30-14-1703
What other Montana laws reach the data you keep?
Stored ID numbers can trigger Montana's breach-notification law, and larger data holders can also fall under the state's consumer privacy act.
A customer's first name or initial and last name kept with a driver's license, state ID or tribal ID number is personal information under Montana's breach law when either the name or the number is not encrypted. A business that owns or licenses that data must notify affected Montana residents of a breach without unreasonable delay and send a copy of the notice to the Attorney General's consumer protection office. A business that keeps the data for someone else must tell the owner immediately after discovering a breach.
The Montana Consumer Data Privacy Act applies to businesses that control or process the personal data of at least 25,000 Montana consumers, not counting data used only to complete a payment, or of at least 15,000 where more than 25% of gross revenue comes from selling personal data. The Attorney General enforces the act, and it gives customers no right to sue.
The exact wording
Nothing in this part may be construed as providing the basis for or be subject to a private right of action for violations of this part or any other law.
Mont. Code Ann. 30-14-1704Mont. Code Ann. 30-14-2803Mont. Code Ann. 30-14-2817
Does scanning give you a defense if you serve a minor in Montana?
No, but a scan record can help show which ID the customer presented.
Alcohol
Montana gives a defense to a prosecution for selling alcohol to someone under 21 when all three of these are established: the customer falsely claimed to be 21 or older and backed it up with documentary evidence a reasonable person would accept, the customer's appearance would lead a reasonable person to believe they were 21 or older, and the sale was made in good faith and in reasonable reliance on both the claim and the appearance. The law treats those facts as evidence of innocence as well as a defense.
Scanning is not one of the three. The customer's appearance is a separate element, and a scan record can help show which ID the customer presented and when. In a license case, the Department of Revenue must consider mitigating circumstances, and its examples include good-faith efforts to prevent a violation, written policies for employees and responsible alcohol server training for all employees.
Tobacco and vape
Montana's tobacco law contains no comparable defense.
The exact wording
For purposes of 45-5-623 and this title, the establishment of the following facts by a person making a sale of alcoholic beverages to a person under the legal age constitutes prima facie evidence of innocence and a defense to a prosecution for sale of alcoholic beverages to a person under the legal age: (a) the purchaser falsely represented and supported with documentary evidence that an ordinary and prudent person would accept that the purchaser was of legal age to purchase alcoholic beverages; (b) the appearance of the purchaser was such that an ordinary and prudent person would believe the purchaser to be of legal age to purchase alcoholic beverages; and (c) the sale was made in good faith and in reasonable reliance on the representation and appearance of the purchaser that the purchaser was of legal age to purchase alcoholic beverages.
The department shall consider mitigating circumstances and may adjust penalties within penalty ranges based on its consideration of mitigating circumstances.
Mont. Code Ann. 16-3-301Mont. Code Ann. 16-4-406Mont. Code Ann. 16-11-308
Can a customer refuse an ID scan in Montana?
Montana does not create a specific right to refuse a scan or require a manual alternative.
How a venue handles a guest who does not want their ID scanned is generally a matter of venue policy, subject to other applicable laws. Where Montana requires proof of age, such as a dispensary sale or a tobacco sale when there is reasonable doubt about the customer's age, a customer who will not show an acceptable ID cannot complete the purchase.
Montana's public-accommodation law bars refusing service because of sex, marital status, race, age, physical or mental disability, creed, religion, color or national origin, unless the distinction is based on reasonable grounds. The same rule applies separately to alcohol licensees.
Alcohol, delivery, tobacco and cannabis
Bars, restaurants and stores
A failed staged compliance check becomes a license violation only when a licensee fails more than two within three years.
The rule applies when investigators set up the purchase, rather than acting on a complaint or observed misconduct. Montana does not require every customer to be carded, but it prohibits selling or serving alcohol to anyone under 21 or to anyone actually, apparently or obviously intoxicated.
Mont. Code Ann. 16-4-406Beer and wine delivery
Drivers must verify the recipient is 21 or older with ID scanning software or a department-approved alternative.
The Department of Revenue's rule lets third-party delivery drivers check any state-issued driver's license or ID card, a Canadian government-issued license or ID card, a passport, a federally recognized tribal ID or any other government-issued ID in hard-copy or digital form, and says they may use scanning software to aid the check. Deliveries may not be made to anyone apparently or obviously intoxicated, and delivery records, including the recipient, must be kept for three years.
Mont. Code Ann. 16-4-307Tobacco and vape
Montana's law still says 18, while federal law sets 21 and requires photo ID for buyers under 30.
Montana requires a photo ID when there is reasonable doubt about the customer's age, and a sign from the Department of Revenue at each place tobacco and vape products are displayed and sold. A retailer that scans an ID must handle the data under the same 180-day rule that applies to alcohol.
Mont. Code Ann. 16-11-305Cannabis
Dispensaries check a listed photo ID before selling to an adult-use customer.
A dispensary that scans a driver's license may use the data only to determine the customer's age, may not transfer or sell it and must delete it within 180 days, unless the cannabis law or the Department of Revenue provides otherwise.
Mont. Code Ann. 16-12-104What this means for your AgeShield setup
These are the AgeShield settings affected by the Montana rules above. How you configure them is ultimately a decision for your venue.
- How long visits are kept
- When a business scans an ID to determine the person's age solely for the sale of age-restricted items, Montana requires it to permanently delete any data or metadata from the scan within 180 days.AgeShield setting: Choose how long visits are kept.
- Which ID fields are stored
- Montana does not specify which ID fields may be collected. Its scan-data law limits how data from a scan made to check age is used, shared and kept. A name stored with a driver's license, state ID or tribal ID number is personal information under the breach-notification law when the name or the number is not encrypted.AgeShield setting: Choose which ID fields are collected and stored. Individual fields can be switched off.
- Consent screen
- Montana does not require a consent screen for ID scanning, and its scan-data law contains no consent exception.AgeShield setting: Enable the consent screen if your venue chooses to use one as part of its own policy.
- Manual entry
- Montana's scan-data law speaks to data or metadata from a scan. Its alcohol defense turns on the ID the customer presented and on their appearance, not on how the ID was read.AgeShield setting: Enable manual entry so staff can record a check when an ID cannot be scanned.
- Banned and watch lists
- Montana has no law specific to venue banned or watch lists. Its scan-data law says a business that scans an ID to determine the person's age solely for the sale of age-restricted items must use data or metadata from the scan only to determine the person's age. Its public-accommodation law bars refusing service because of a protected characteristic unless the distinction is based on reasonable grounds.AgeShield setting: Each Banned, VIP, Regulars or custom list entry can be created from a scan or entered by staff, with a reason and notes.
- Sharing across venues
- Montana's scan-data law says data or metadata from a scan made to check age solely for the sale of age-restricted items may not be transferred or sold to another party.AgeShield setting: Choose whether each list is shared across your venues.
Common questions
Is it legal to scan IDs at a bar in Montana?
Yes. Montana does not restrict ID scanning. Data from a scan made to check age may be used only to determine the customer's age and must be deleted within 180 days.
Do you have to check IDs in Montana, and when?
It depends on what you sell. Dispensaries check a listed photo ID before every adult-use sale, and federal law requires tobacco retailers to check photo ID for buyers under 30. Drivers who deliver beer and wine for a delivery service, grocery store or pharmacy verify every recipient's age, but there is no statewide rule to card every customer at a bar, restaurant or store.
How long can you keep ID scan data in Montana?
Up to 180 days. A business that scans an ID to determine age for the sale of age-restricted items must permanently delete any data or metadata from the scan within 180 days.
Can ID scan data be shared in Montana?
Montana's scan-data law says data or metadata from a covered scan may not be transferred or sold to another party and may be used only to determine the person's age.
Which IDs are accepted in Montana?
For alcohol, the Department of Revenue accepts any government-issued ID with a photo and a date of birth that has not been altered, including driver's licenses and passports from other states and countries, military IDs, Montana tribal IDs and Montana mobile driver's licenses. Dispensaries accept a closed list of six kinds of photo ID.
Does scanning give you a defense if you serve a minor in Montana?
A scan does not create the alcohol defense, but it can document the ID the customer presented. The defense also requires a customer whose appearance would lead a reasonable person to believe they were 21 or older and a good-faith sale made in reasonable reliance on the customer's representation and appearance.
What is the age to buy tobacco in Montana?
21. Montana's own law still says 18, but federal law prohibits selling tobacco and vape products to anyone under 21 and requires retailers to check photo ID for buyers under 30.
Can a customer refuse an ID scan in Montana?
Montana does not specifically regulate refusal of a scan or require a manual alternative. Where proof of age is mandatory, the customer still must present acceptable identification for the transaction to proceed.
Sources
- Mont. Code Ann. 16-3-313
- Mont. Code Ann. 16-11-305
- Mont. Code Ann. 16-12-104
- Mont. Code Ann. 16-3-301
- ARM 42.13.1102
- Mont. Code Ann. 16-4-307
- ARM 42.12.155
- 21 CFR 1140.14
- ARM 42.39.409
- Department of Revenue: acceptable IDs
- Mont. Code Ann. 30-14-1703
- Mont. Code Ann. 30-14-1704
- Mont. Code Ann. 30-14-2803
- Mont. Code Ann. 30-14-2817
- Mont. Code Ann. 16-4-406
- Mont. Code Ann. 16-11-308
- Mont. Code Ann. 49-2-304
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
Idaho ID scanning laws
Idaho allows ID scanning, and bars and lounges may not let customers under 21 inside. See which IDs count as proof of age.
- State lawState law
Wyoming ID scanning laws
Wyoming does not restrict ID scanning, and its alcohol defense rests on the ID staff were shown. See which IDs count.
- State lawState law
North Dakota ID scanning laws
North Dakota gives staff a good-faith defense when a customer who looked 21 or older lied with an ID. See which IDs count.
Still unsure how Montana 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.