LEGALLY SPEAKING by Cassandra Savoy, Esq. OP/ED
A Drug Conviction Could End College For You!
Having a child attend college is the single greatest hope of every parent. We all know that a college education means higher lifetime income, a lesser “fall” when hard times, like a recession come, and access to the middle class. But the cost of college in New Jersey is a big number!
A public four-year college for New Jersey residents could easily cost $24,000 per year, and the fees go up, at least a small amount every year. Most parents don’t have $90,000 sitting in a bank for each of their children’s post-secondary education. This means that most parents and high schoolers thinking of attending college need to figure out how much financial aid they can get.
While there are small scholarships and grants from a variety of private and corporate sources, the big pot of financial aid is federal money. Many students are only able to attend college because they can string together financial aid from small scholarships, loans and grants from a variety of sources, but the big pot of financial aid in in the federal coffers.
There are lots of young people who are basking in the thought that drug laws, particularly as they relate to marijuana, have been relaxed. But you need to know that the relaxation of drug laws only applies to marijuana, not to cocaine, not to heroin, not to methamphetamines, not to oxycodone and not to ecstasy or any other substance labeled controlled and dangerous.
A drug conviction related to these drugs could make you ineligible for federal financial aid. While you MAY still be eligible for some local or state grants, you will not be eligible for federal grants, the largest money pool of financial aid for college students. Oh, and did I mention that a “drug conviction” does not have to be for a felony possession or use of a large quantity of drugs; you could become ineligible for federal grants even for misdemeanor convictions, those offenses handled in your local municipal court.
Up until roughly ten years ago, a single drug offense conviction would have resulted in immediate and permanent ineligibility for federal student aid. Done! Over! No more federal money! But thanks to the labors of lots of civil rights organizations, and bar associations, beginning in 2009, the ineligibility rules were relaxed.
This is how it works. The clock for the ineligibility period starts from the date of conviction rather than the date of the offense. Let’s suppose you received financial aid for the September term. You are arrested on November 15th for possession with intent to sell, but not convicted until March 30th after the second semester started in January. You would be ineligibility for financial aid after March 30th and certainly ineligible the upcoming academic year. Be aware of the fact that while the laws relating to possession of marijuana may have been relaxed, the rules about selling marijuana have not.
How Long The Ineligibility
Currently, if you are convicted of a possession offense, you will lose eligibility for federal student aid for one year for the first offense; two years for the second offense and indefinitely for the third offense. The ineligibility resulting from selling or agreeing (conspiring) to sell illegal drugs are stricter. After the first conviction, you would lose your eligibility for two years and the lose eligibility indefinitely after the second offense.
Regaining Eligibility
First and second offenders could regain eligibility for financial aid early if they complete a qualified drug rehabilitation program which meets certain requirements one of which is passing two unannounced drug tests. Students who lose their aid eligibility indefinitely can reverse that status by passing two unannounced drug tests that are part of a rehabilitation program, and do not have to complete the remainder of the program. If you become incarcerated due to drugs or other offenses, your aid eligibility may become even more restricted, but you might be eligible for some federal grants as well as federal work-study. Check with the prison education counselor for guidance.
At the end of the day, don’t let your dreams go up in smoke. remember that actions have consequences. If you have ambitions, don’t have them derailed because of a drug conviction. And, even if you make a mistake, don’t give up. Enroll in a program and regain your eligibility for federal financial aid. College is really expensive, but the best investment in the future you can make.
