PUNISHING THE POOR

We have many misgivings about the so-called war on drugs. But as long
as it is being prosecuted, it should not hurt the drug-taking poor
more than the drug-taking rich. Almost every statistic on the subject
says that this is the case.

One of the most sordid examples of the unequal treatment is the law
that withdraws federal financial aid from students with drug
convictions. Because such aid goes mainly to low-income students, the
law hits them far harder than their well-to-do classmates. Aid has so
far been pulled from 175,000 students, no doubt ending a college
education for many people who needed it.

If Congress truly wanted to punish students for drug use, it would
write a law that expels all those with a conviction, poor and rich.
But the current law -- the drug provision in the Higher Education Act
- -- lets any drug-taking student whose parents can write a big enough
check stay in college. Thus, a dormitory drug raid can ruin the lives
of kids with financial aid while leaving their rich partners-in-crime
untouched. And bear in mind, people who can afford good lawyers are
less likely to be convicted of drug charges in the first place.

The Higher Education Act is now being reauthorized. Proposals to
lighten the drug provision are on the table. But even with a reduced
penalty, the double standard is repellent. It disappoints us that
Rhode Island Sen. Jack Reed, a member of the committee that marked up
the Senate bill, did not respond to pleas (by, among others,
University of Rhode Island President Robert Carothers and Brown
University President Ruth Simmons) to try to kill the drug provision.

Massachusetts Congressman Barney Frank has proposed a stand-alone
bill that would repeal the law. It has 70 House co-sponsors, but
Rhode Island's James Langevin and Patrick Kennedy are not among them.
(Ironically, Mr. Kennedy made news as a teenager for having received
treatment for cocaine use; he was not, of course, denied a college
education because of it.)

Perhaps Rhode Island's Sen. Lincoln Chafee, who admitted to cocaine
use while a student at Brown, would like to step forward and denounce
drug penalties that single out lower-income students.

Any courage out there?