Possession of Marijuana in the First and Second Degree No Longer Mandates Driver’s License Suspension in Alabama

By Paul A. Seckel, JD, MBA | Updated 2025 | Guntersville Law, LLC

In recent years, Alabama has made several important changes to its drug laws — including those governing driver’s license suspensions for drug-related offenses.

Previously, anyone convicted of possession of marijuana in the first or second degree automatically lost their driver’s license, regardless of whether a vehicle was involved in the alleged offense. However, with updates to Section 13A-12-291 of the Alabama Code, that is no longer the case.

As of January 30, 2016, possession of marijuana (first or second degree) no longer mandates an automatic driver’s license suspension. This change reflects Alabama’s broader efforts to modernize outdated drug penalties and reduce collateral consequences for nonviolent offenders.

What Changed in the Law

Under the old version of Section 13A-12-291, a driver’s license was automatically suspended for a conviction or adjudication related to a wide range of controlled substance crimes — including possession of marijuana in the first or second degree.

The new version significantly narrowed the list of offenses that trigger an automatic license suspension. The updated law focuses primarily on serious trafficking and distribution-related offenses, removing simple possession entirely.

Old Section 13A-12-291 (Prior to 2016):

  • Required suspension for marijuana possession (first or second degree)

  • Included unlawful possession or receipt of controlled substances

  • Included unlawful distribution or sale

New Section 13A-12-291 (Effective January 30, 2016):

  • Removes marijuana possession (both degrees) from suspension triggers

  • Focuses on more serious trafficking, solicitation, and distribution offenses

  • Leaves DUI-related suspensions governed by Alabama’s separate DUI statute, §32-5A-191

This means that drivers convicted solely of marijuana possession — whether first or second degree — will no longer automatically lose their driver’s licenses as part of their sentence.

Why the Change Matters

This reform helps reduce the long-term impact of nonviolent drug convictions, particularly for young adults.

Before this change, a simple possession charge could lead to a suspended license, job loss, and mounting fines — even if no driving was involved. Lawmakers recognized that this automatic penalty often caused more harm than the offense itself.

Today, courts still have the discretion to impose penalties based on the facts of a case, but license suspension is no longer mandatory for marijuana possession alone.

What Hasn’t Changed

It’s important to understand that while license suspension is no longer automatic, marijuana possession remains illegal in Alabama. The penalties for conviction still vary by degree:

  • Possession of Marijuana in the Second Degree (Ala. Code §13A-12-214):
    Classified as a Class A misdemeanor for possession for personal use only.
    Penalties can include up to one year in jail and fines up to $6,000.

  • Possession of Marijuana in the First Degree (Ala. Code §13A-12-213):
    Classified as a Class C felony when possession is for other than personal use, or for a second offense.
    Penalties can include up to 10 years in prison and fines up to $15,000.

Additionally, DUI involving marijuana or other controlled substances still carries mandatory license suspension under Alabama’s DUI statute (§32-5A-191).

Why Legal Representation Still Matters

Even with this change in the law, a marijuana charge can still have serious consequences, including jail time, fines, probation, and a permanent criminal record.

At Guntersville Law, LLC, we have extensive experience representing clients in marijuana and controlled substance cases throughout North Alabama. We’ll analyze your case, challenge improper searches or evidence, and fight for dismissal or reduction of charges when possible.

Attorney Paul A. Seckel, JD, MBA, combines deep knowledge of Alabama criminal law with practical experience in local courts — offering strategic defense and clear guidance when your freedom is on the line.

📞 Schedule a 30-minute consultation for $100 by calling (256) 571-1529 today.

Areas We Serve

Guntersville Law, LLC proudly serves clients across North Alabama, including:

  • Guntersville, Alabama

  • Albertville, Alabama

  • Arab, Alabama

  • Boaz, Alabama

  • Scottsboro, Alabama

  • Huntsville, Alabama

  • Marshall County and surrounding communities

Whether you’re facing a possession charge, a DUI, or other controlled substance offense, we’re here to protect your rights and help you move forward.

Take Control of Your Case

The law may have changed for the better — but the outcome of your case still depends on having the right defense strategy.

If you’ve been charged with possession of marijuana or any controlled substance in Alabama, don’t face it alone. Let Guntersville Law, LLC review your situation and explain your options.

📞 Call (256) 571-1529 today to schedule your $100, 30-minute consultation with Attorney Paul A. Seckel, JD, MBA.

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