Authorities say Agapito Peter Gomez is also charged with obstructing justice and giving a false name to police Monday night.
Officials say police found $125,000 worth of marijuana stored in in Gomez's truck during a traffic stop.
Authorities say Gomez was previously arrested on drug charges and was released from federal prison in February. Officials say Gomez is being held in the Limestone County jail and Immigration and Customs Enforcement has put a hold on Gomez because he is in the country illegally.
It is not known if Gomez has a lawyer.
Athens is about 25 miles west of Huntsville.