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federal aid

If I am charged for possession of marijuana, what happens to my ability to get federal student financial aid as an undergrad?

3 Answers

  • Sb_5516_press_conference_small
    Reputation: 68

    In 2006, Congress passed the Higher Education Reconciliation Act of 2005 ("HERA"), which limited application of the federal financial aid penalty to students who were receiving aid at the time of the commission of the "offense."

    A student who is enrolled on the date of the offense and receiving federal financial aid for that period of enrollment becomes ineligible to receive aid for one year on a first offense, two years for a second offense, and indefinitely for a third.  20 U.S.C. sec. 1091(r) .

    You can learn more about ongoing efforts to repeal this law altogether here .

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  • Avatar_default
    Reputation: 9

    In relation to this its important to note that the denial would be, to the best of my knowledge, based on self reporting only. You are asked to indicate on the FAFSA whether or not you've ever been charged with a drug crime. If the answer is yes and you say no, I don't know there is any mechanism that would allow the conviction to be turned up otherwise by the financial aid folks.

    Also, you said charged. I would assume that the law would be based on convictions rather than charges-EG, spend some money on a lawyer!

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  • Crw_3429-xsmall_small
    Reputation: 13

    I don't know.

    History: Rep. Mark Souder (R-IN) succeeded in getting legislation passed in '98, signed into law by President Clinton in October of that year, that denied federal student financial aid for the possession of drugs. Period. Heroin or marijuana? Didn't matter. A pound of grass or a handful of stems and seeds? Didn't matter.

    As I recall, there was a relaxation of the law which permitted those convicted of minor pot possession to continue receiving financial aid if they underwent a "drug rehab" program of some kind.

    And, I know there's been an effort to chip away further at the draconian, anti-civil liberties law. But I'm just not up to speed.

    Any others out there who can weigh in, get us all up to date?

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