GROUP FIGHTS DRUG PENALTY

Activists and student advocacy groups are charging into action,
challenging a federal law that strips financial aid from college
students with previous drug convictions.

In the United States, nearly 200,000 college students since 2000 have
been denied financial aid because they have drug convictions.
Students for Sensible Drug Policy (SSDP) and the American Civil
Liberties Union (ACLU) have filed a federal lawsuit claiming this
penalty is unconstitutional.

Filed in the U.S. District Court for the District of South Dakota,
the case is deemed SSDP v. Spellings. Margaret Spellings, U.S.
secretary of education, is named as the defendant.

The SSDP is a national organization with college and high school
chapters committed to providing education on the harms of the war on
drugs. They are working to involve youth in the political process and
are promoting open, honest and rational discussion of alternative
solutions to the nation's drug problem.

The SSDP and ACLU believe denying students financial aid based on
previous drug convictions is punishing people twice for the same
offense, in turn violating the double jeopardy clause of the U.S.
Constitution's Fifth Amendment.

The suit also claims the ban disproportionately affects working class
students who rely on financial aid, whereas wealthy students are able
to pay tuition in full.

Executive director Kris Kane of the SSDP said he was very optimistic
about the case.

"If we win, no student will ever worry about getting denied financial
aid if a drug conviction occurred," Kane said.

After eight years of lobbying in Congress, the SSDP has made some
progress. Though they haven't terminated the law, they have changed
it. Before, a student would have been denied financial aid if their
drug offense occurred before they entered college. Now, students can
only be refused financial aid if they receive the drug offense while
in college.

"The law is no longer retroactive," Kane said.

Kane said he was happy Congress realized the flaw in the law and changed it.

"Now if we can just get them to eliminate the law," Kane said.

The SSDP has challenged Congress previously on the issue of denying
information. They sued because the government refused to provide
information containing the number of students who have been affected
by this law.

Kane said this is illegal because they are a non-profit organization.
He said they tried to charge them around $4,000 for the documents.

"We sued and within 30 days they gave in to all our demands," Kane said.

Kane said college students should take part and challenge their administration.

Campaign Change is a campaign asking students to identify the worst
drug policies on campus, then working to change them.

For example, Kane said a lot of students are working at changing the
marijuana policy.

"Many feel the alcohol punishment should be the same as the marijuana
punishment," Kane said.

This law has passed at Florida State and Colorado State and is
pending at the University of Maryland. At these campuses, getting
caught with marijuana will have the same consequences as getting
caught with alcohol.

Fourth-year criminal justice major Charity Clukey said she disagrees
with the actions of the SSDP. She said she feels the law should be
enforced and made permanent.

"I think this should be grandfathered in," Clukey said. "I think
students in high school should be more aware of this law so when they
come to college they know the consequences of their actions."

For further information, students can go SSDP's Web site at http://www.ssdp.org