Federal Student Financial Aid Penalties for Drug Law Violations
Suspension of Federal Financial Aid Eligibility for Drug-Related Offenses
A. 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 Title IV, Section 484(r) of the Higher Education Opportunities Act, 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 illegal drugs: | Ineligibility period is: |
|---|---|
| First offense | 1 year of ineligibility from date of conviction |
| Second offense | 2 years of ineligibility from date of conviction |
| Third offense | Indefinite period of ineligibility |
| The sale of illegal drugs: | Ineligibility period is: |
|---|---|
| First offense | 2 years of ineligibility from date of conviction |
| Second offense | Indefinite period of eligibility |
B. Rehabilitation – A student whose eligibility has been suspended as described above may resume eligibility before the end of the ineligibility period determined under such paragraph if –
(1) the student satisfactorily completes an approved drug rehabilitation program that –
(a) complies with such criteria as the US Department of Education Secretary shall describe in regulations for purposes of this paragraph; and
(b) includes two unannounced drug tests;
(2) the student successfully passes two unannounced drug tests conducted by a drug rehabilitation program that complies with such criteria as the Secretary shall prescribe; or
(3) the conviction is reversed, set aside, or otherwise rendered nugatory.
