Under what circumstances will your drivers license be suspended if you are convicted of a drug offense in Massachusetts?

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Gov. Charlie Baker signs a law repealing the automatic license suspension for drug crimes on March 30, 2016.

(SHIRA SCHOENBERG / THE REPUBLICAN)

BOSTON -- Anyone who lost their license because they were convicted of a drug crime in Massachusetts can now get their license back.

Gov. Charlie Baker signed a law on Wednesday repealing the automatic license suspension of anyone convicted of a drug crime and the fine that goes along with it. The repeal is effective immediately.

"One of the big problems we face in criminal justice is reentry, the ability for people who made a mistake, who paid their dues, to find their way back into a productive life with purpose," Baker said. "The lack of a driver's license, it should be obvious to everybody, is a huge impediment to somebody's ability to find work and find purpose."

State Rep. Carlos Gonzalez, D-Springfield, called the law one of the most important bills he has voted on in his first year in the Legislature. "It's going to help so many people try to reinvent their lives, to regenerate their thoughts and actually make something successful for themselves," Gonzalez said.

The automatic license suspension was established in 1989 as part of the national War on Drugs. Under that law, anyone convicted of a drug-related crime, whether or not it related to a motor vehicle, had his license suspended for up to five years. The offender had to pay a license reinstatement fine of at least $500.

The new law eliminates the license suspension for most drug crimes, including the possession and sale of drugs. It keeps a five-year license suspension in place for anyone convicted of trafficking in cocaine, fentanyl, heroin or other opiates, although someone convicted of these offenses can apply for a hardship license. The law repeals the license reinstatement fine.

Records of suspensions will be shielded from public access, beginning 60 days from now.

A judge can still suspend someone's license for a crime related to driving.

Similar bills were introduced for the past three legislative sessions, but they never made it through the Legislature. This time, the bills had support from Attorney General Maura Healey and several sheriffs and district attorneys, in addition to a coalition of labor, religious groups and liberal organizing groups calling itself Jobs Not Jails. Support in the House and the Senate was bipartisan, and the final bill passed both bodies unanimously.

Advocates for the bill said removing the automatic license suspension will allow former prisoners to more easily reintegrate into society by getting a job and supporting their families.

Jafet Robles, a single father and organizer for Neighbor to Neighbor, a Springfield organizing group, had his license suspended for a drug crime. "I faced a lot of barriers upon my release," Robles said.

Robles said the new law will knock down one of the barriers people face. "We don't want drugs in our community, but when someone finishes their time, we feel it does the state better when we allow him to get his license and reintegrate back into society," Robles said. "When people don't get their license and they have nothing to live for, they're more likely to result in a life of crime."

Olga Pendraza, a leader in Neighbor to Neighbor, said the law will allow her to take a job that otherwise would require a two-hour bus commute at night. "This victory brings us one key step closer to liberation from a system that perpetuates injustice," Pendraza said.

Cassandra Bensahih, director of Ex-prisoners and Prisoners Organizing for Community Advancement in Worcester, called the law "a real life changer" that "will promote job security and dignity to those of us who have already paid for their mistakes."

Advocates and numerous lawmakers attended the bill signing. State Sen. Harriette Chandler, D-Worcester, a long-time advocate for the bill, said the new law will prevent ex-convicts from driving without a license and then getting more fines. "We are saying they did the crime, they paid their time and now they are going to rejoin society with some of the tools that are really important for them," Chandler said.

Several lawmakers stressed that this is the first step in a larger criminal justice reform process that state policymakers are involved in. Massachusetts is currently participating in the Council of State Government's Justice Reinvestment program, in which a task force analyzes data to determine how the state can reduce recidivism, lower costs and improve public safety.

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Losing one's driver's license is an unexpectedly harsh punishment: Getting to work and taking care of loved ones can be impossible without a car. But every year, states suspend hundreds of thousands of driver’s licenses for low-level offenses that didn't even involve driving. We’re helping these states change course.

In 2014, we launched a campaign to end driver’s license suspensions for drug offenses unrelated to driving. Today, this harmful policy persists in only four states. And in 2019, we joined the Free to Drive campaign to end laws suspending driver’s licenses for nonpayment of fines and fees.

See our research and read about our victories below:


  • In 2016, Massachusetts passed a law to end driver’s license suspensions for non-serious drug offenses unrelated to driving. The change was spurred by our 2014 report Suspending Common Sense in Massachusetts, in which we found that suspending the licenses of 7,000 state residents every year for drug offenses was ineffective and harmful.
  • Since we published our national report Reinstating Common Sense in 2016, Pennsylvania, Utah, Iowa, Mississippi, New Jersey, New York, Washington, D.C., Virginia, and Michigan have ended driver's license suspensions for drug offenses that didn't involve driving.
  • Our research and advocacy continues to keep this issue in the press, maintaining pressure on states that resist reform. For a selection of our press coverage, see the news section of this page.

Fact sheets about the four states that still suspend driver's licenses for drug offenses unrelated to driving:


Under what circumstances will your drivers license be suspended if you are convicted of a drug offense in Massachusetts?
Reinstating Common Sense: How driver's license suspensions for drug offenses unrelated to driving are falling out of favor
by Joshua Aiken
December 2016

Our national report finds that more than 190,000 driver's licenses are suspended every year for non-driving drug offenses, breaks down the problem by state, and illustrates why this policy sets people up to fail.


Video explainer

Aleks Kajstura explains why states should stop punishing safe drivers for drug offenses unrelated to driving.


Press coverage and editorial support

  • New York And Pennsylvania Will No Longer Suspend Driver's Licenses Over Drug Crimes, by Nick Sibilla, Forbes, April 23, 2019
  • Pennsylvania should stop suspending driver's licenses for non-driving offenses, by The Philadelphia Inquirer Editorial Board, August 1, 2018
  • Suspending common sense in Virginia, by Aleks Kajstura, The Washington Post, February 9, 2018
  • Why Is Pennsylvania Still Suspending Driver's Licenses for Drug Offenses?, Brentin Mock, CityLab, January 18, 2018
  • States Reconsider Driver's License Suspensions for People With Drug Convictions, by Rebecca Beitsch, Pew Charitable Trusts Stateline, January 31, 2017
  • Our view: Florida drivers' license suspensions out of control, by Treasure Coast Newspapers editorial board, January 11, 2017
  • Mayor Bowser Proposes To Change Policy that Strips Drug Offenders of Driver's Licenses, by Christina Sturdivant, DCist, January 9, 2017
  • Under what circumstances will your drivers license be suspended if you are convicted of a drug offense in Massachusetts?
    Driver's Licenses, Caught in the War on Drugs, by The New York Times editorial board, January 3, 2017
  • Report questions driver's licenses suspensions in Pa. for drug crimes, by Kate Giammarise, Pittsburgh Post-Gazette, December 23, 2016
  • Florida a leader in suspending driver's licenses for non-driving-related drug offenses, by William Patrick, Florida Watchdog, December 21, 2016
  • Stop suspending drivers' licenses for unjust, irrelevant reasons, by the New Jersey Star-Ledger editorial board, December 20, 2016
  • NY Still Suspending Licenses of Drug Offenders, by Andrea Sears, Public News Service NY, December 15, 2016
  • License suspensions for drug convictions a problem in Texas, but not as big as the Driver Responsibility surcharge, by Scott Henderson, Grits for Breakfast, December 14, 2016
  • Twelve States Suspended 190,000 Driver's Licenses Last Year for Drug Offenses, by C.J. Ciaramella, Reason, December 14, 2016
  • Virginia's ham-fisted approach to driver's license suspension, by The Richmond Times-Dispatch editorial board, December 13, 2016
  • Licensing law aims to clear reentry path for drug offenders, by Colin A. Young, Wicked Local, March 31, 2016
  • Drug-related bill in need of repeal, The Lowell Sun, March 17, 2016
  • Deal struck on driver's licenses for drug offenders, by David Scharfenberg, The Boston Globe, March 15, 2016
  • Sheriff Tompkins: Ending driver's license suspension for drug offenders: A great step on the path to more sensible criminal justice policies, by Steven W. Tompkins, CommonWealth Magazine, January 11, 2016
  • Editorial: Ending driver's license policy a smart move, by The Sun Chronicle Editorial Board, The Sun Chronicle, January 11, 2016
  • Senate votes to repeal driver's license suspension law, by David Scharfenberg, The Boston Globe, September 25, 2015
  • Our Opinion: Archaic state drug law should be repealed, The Berkshire Eagle, September 24, 2015
  • Under what circumstances will your drivers license be suspended if you are convicted of a drug offense in Massachusetts?
    Editorial: An offense that should come off the books, The Boston Globe, September 20, 2015
  • Editorial: Repeal license law, by Herald Editorial Board, Boston Herald, September 18, 2015
  • Suspending licenses over drug crimes questioned, by David Scharfenberg, The Boston Globe, September 5, 2015
  • AG wants to repeal law suspending licenses for drug offenses, by David Scharfenberg, The Boston Globe, July 23, 2015