STUDENTS APPEAL DRUG LAWS

Three students filed a lawsuit in the U.S. District Court of South
Dakota last week to overturn a federal provision that denies federal
financial aid to students with a drug conviction.

The student plaintiffs and Students for Sensible Drug Policy
Foundation filed the lawsuit against Secretary of Education Margaret
Spellings with the help of the American Civil Liberties Union. The
purpose of the class-action lawsuit is to prove the Higher Education
Act provision unconstitutional. The students were each convicted of
possession of a controlled substance and denied federal financial aid
under the law.

"We have been working to repeal this law for the past eight years,"
Tom Angell, campaigns director for Students for Sensible Drug Policy
Foundation, said. "We are lobbying Congress, but Congress has not
been that responsive to student demands. We [will] take it to court
and get rid of the law that way."

The complaint said the provision violates protection against double
jeopardy and the guarantee of equal protection under the
Constitution. Students convicted of a drug charge have already
received punishment for their crime and should not be punished again
by denial of financial aid under the Fifth Amendment. The provision
also discriminates against a certain class of people, those with drug
convictions, according to the complaint.

"Murderers and rapists can apply for federal aid, but a student
caught with a single marijuana cigarette is automatically denied," Angell said.

The law affects lower to middle class students who sometimes cannot
afford to return to school without aid, he said.

Currently, the provision denies financial aid to a student convicted
of possession for one year, two years if convicted a second time and
permanently if convicted a third time. According to the complaint, at
least 200,000 students have been affected by the provision since its
implementation.

The law now applies to students who have received a drug conviction
before they enrolled in college and those currently enrolled.
Congress amended the law in July to include only students who have
been convicted while already receiving financial aid, said Valerie
Smith, a spokesperson for the Department of Education.

"The department encourages students with offenses to fill out aid
applications," Smith said. "Some may retain aid if they've gone
through a rehabilitation program."

Students for Sensible Drug Policy wants the court to prevent the
government from further enacting the law and to redistribute aid to
students already affected, Angell said.

"Congress has no rational basis to attach financial aid to drug
enforcement," Angell said.

"We implement the laws for Congress. It appears that [the law] seeks
to discourage drug use," Smith said. "We support efforts to protect
the health and safety of students."