Possession of marijuana in the first and second degree no longer mandate driver’s license suspension!
Proposed changes that are supposed to go into effect on 1/30/2016 change mandatory driver\’s license suspension so that possession of marijuana in the first and second degree no longer mandate driver\’s license suspension.
| OLD Section 13A-12-291 | NEW Section 13A-12-291 |
| Specific crimes warranting suspension of driver\’s license. | |
| A driver\’s license shall be suspended pursuant to Section 13A-12-290 for conviction of, adjudication of, or a finding of delinquency based on, the following crimes: | A driver\’s license shall be suspended pursuant to Section 13A-12-290 for conviction of, adjudication of, or a finding of delinquency based on, the following crimes: |
| (1) Criminal solicitation to commit a controlled substance crime under Section 13A-12-202. | (1) Criminal solicitation to commit the crime of trafficking in specified substances under Section 13A-12-231 or unlawful possession with intent to distribute a controlled substance under subsections (c) and (d) of Section 13A-12-211. |
| (2) Attempt to commit a controlled substance crime under Section 13A-12-203. | (2) Attempt to commit the crime of trafficking in specified substances under Section 13A-12-231 or unlawful possession with intent to distribute a controlled substance under subsections (c) and (d) of Section 13A-12-211. |
| (3) Criminal conspiracy to commit a controlled substance crime under Section 13A-12-204. | (3) Criminal conspiracy to commit the crime of trafficking in specified substances under Section 13A-12-231. |
| (4) Unlawful distribution of controlled substances under Section 13A-12-211. | Removed |
| (5) Unlawful possession or receipt of controlled substances under Section 13A-12-212. | Removed |
| (6) Unlawful possession of marihuana in the first degree under Section 13A-12-213. | Removed |
| (7) Unlawful possession of marihuana in the second degree under Section 13A-12-214. | Removed |
| (8) Sale or furnishing of controlled substances by persons over age 18 to persons under age 18 under Section 13A-12-215. | Removed |
| (9) Trafficking in specified substances under Section 13A-12-231. | (4) Trafficking in specified substances under Section 13A-12-231. |
| (5) Unlawful possession with intent to distribute a controlled substance under subsections (c) and (d) of Section 13A-12-211. | |
| (10) Driving under the influence of a controlled substance, or under the combined influence of a controlled substance and alcohol under Sections 32-5A-191(a)(3) and 32-5A-191(a)(4). | The suspension of a driver\’s license for driving under the influence of a controlled substance, or under the combined influence of a controlled substance and alcohol pursuant to Section 32-5A-191 shall be governed by that section |