Marijuana and Financial Aid
Many 18 year olds who go to college and leave their home for the first time envision a time of freedom and partying. Their new found freedom can include many late nights participating in under age drinking and drug use. What many young college students don’t know is that all of that partying can result in the loss of their financial aid.
In 1965 Congress passed the Higher Education Act of 1965. Since that time the act has been amended many times. One of the amendments sets forth the terms of eligibility for students to be able to qualify for government subsidized student loans. Section 484 of that act provides that the possession or sale of a controlled substance can result in the loss of eligibility for student loans. The term “controlled substance” means a drug or other substance, or immediate precursor, included in the federal drug schedules but it does not include distilled spirits, wine, malt beverages, or tobacco.
Ineligibility Periods
The Higher Education Act sets forth the ineligibility periods.
(1) IN General – A student who has been convicted of any offense under any Federal or State law involving the possession or sale of a controlled substance shall not be eligible to receive any grant, loan, or work assistance under this title during the period beginning on the date of such conviction and ending after the interval specified in the following table:
If convicted of an offense involving:
The possession of a controlled substance: Ineligibility period is:
First offense …………………………….. 1 year
Second offense …………………………. 2 years
Third offense ……………………………. Indefinite.
The sale of a controlled substance: Ineligibility period is:
First offense …………………………….. 2 years
Second offense …………………………. Indefinite.
(2) REHABILITATION.—A student whose eligibility has been suspended under paragraph (1) may resume eligibility before the end of the ineligibility period determined under such paragraph if— (A) the student satisfactorily completes a drug rehabilitation program that— (i) complies with such criteria as the Secretary shall prescribe in regulations for purposes of this paragraph; and
(ii) includes two unannounced drug tests; or (B) the conviction is reversed, set aside, or otherwise rendered nugatory.
Protect Yourself Against a Drug Conviction
Pot seems to be the drug of choice for Utah’s college students and so there is a significant risk that students using marijuana can lose their financial aid if they get caught. Our law firm has some of the most experienced Utah marijuana lawyers around. We know how to protect you and what we need to do to be able to save your college financial aid. Contact us to find out more.
