DRUG CONVICTIONS COULD COST YOU YOUR FINANCIAL AID

The Higher Education Act was established in 1965 to provide
educational resources for college students through financial aid
programs. In 1998, a revision was added to the act to include a drug
provision that has since denied or delayed financial aid to 200,000
potential aid recipients because of drug convictions. The drug
provision was added to the act as a means of creating a no-tolerance
for drug-use atmosphere at college campuses nationwide.

University of Hawai'i Financial Aid Director Linda Clemons explained
that question 31 on the Free Application for Federal Student Aid
exposes drug offenders by asking them if they have ever been
convicted of "possessing or selling illegal drugs" while receiving
federal student aid. If the applicant responds "yes," then they are
required to fill out an additional worksheet to determine if and when
they can resume eligibility.

She added that if a student receives a drug conviction during the
school year while receiving financial aid, they must immediately
notify their financial aid office and the balance awarded must be returned.

"If they knowingly or willingly provide misleading information, they
can be fined $20,000, sent to prison or more," Clemons said.

The law does not affect students with drug convictions prior to
receiving financial aid.

"I think it is messed up that a minor offense like having a small
amount of weed can screw up your financial aid eligibility," said
sophomore Russell Sasaki. "So many students do it that you can almost
say it is a part of college life."

Junior Michael Okinaga feels differently.

"I believe that it is right to take away financial aid from a student
who does or sells weed, because it is illegal. I think financial aid
should be given to hard-working students since not all students are
lucky enough to receive it," Okinaga said.

The Students for Sensible Drug Policy, an organization comprised of
international students who advocate the impact of drug abuse and
fight against counterproductive drug-war policies, is actively
pursuing Congress to overturn the drug provision. The organization
feels that this law targets lower-income households because of income
requirements to receive federal aid.

Applicants who are denied or have their financial aid taken away have
no alternatives to pay for their education, increasing the risk of
dropping out of college and turning to drugs further, said the organization.

Tom Angell, government relations director for the Students for
Sensible Drug Policy, said the law unfairly penalizes students by
taking away financial aid when they have already paid the
consequences of drug use through legal conviction. He added that
while drug offenses can cause federal aid to be denied, there is no
such law for violent offenses such as rape or murder.

"The law only puts this student eligibility restriction on
convictions related to drug offenses," said Department of Education
official Chris Greene.