ONE MARIJUANA ARREST EVERY 42 SECONDS

STUDENTS LOSE FINANCIAL AID UNDER HIGHER EDUCATION ACT

Students convicted for possession of marijuana or for the sale of a
controlled substance are stripped of federal financial aid due to the Drug
Provision in the Higher Education Act (HEA).

Last year, 755,187 people were arrested for marijuana violations in
America, according to an FBI report released Oct. 25. The number of annual
marijuana arrests has doubled since 1993. This year's total is the largest
in history.

"Arresting more Americans for marijuana possession does nothing to prevent
drug abuse in our country," said Scarlett Swerdlow, executive director of
Students for Sensible Drug Policy (SSDP). "When students are arrested, they
are put at risk of losing financial aid, forcing them away from education
and into cycles of crime and failure. Blocking access to education will
only worsen our nation's drug problems," she said.

The HEA continues to fund educational aid for students in the form of Pell
Grants, Federal Work-Study Programs, Stafford and PLUS loans, loan
forgiveness programs and other programs to improve educational opportunities.

Added in 1998 as an amendment to the HEA, the so-called Drug Provision
(Section 484(r)) blocks college opportunities to students revealing drug
convictions on their Free Application for Federal Student Aid (FAFSA). It
provides that a student's eligibility for aid is suspended or revoked
according to the schedule of controlled substances.

To date, more than 157,000 financial aid applicants have been ineligible
for aid as a result of the Drug Provision, not including students who were
deterred from applying for aid in the first place because of any drug
convictions.

"Because financial aid is need-based, the HEA Drug Provision only affects
students of low to moderate socioeconomic status," said Tom Angell,
communications director for SSDP. "Students from well-to-do families need
not worry about losing access to education due to drug convictions; they
can afford to attend school without public aid and can usually afford to
hire lawyers to avoid convictions in the first place," he said.

The HEA Drug Provision is "antithetical to the spirit of the original
Higher Education Act," which was intended to open the doors of education to
those that need it most, said Angell. "The Drug Provision has no place in
the Higher Education Act [and] must be repealed immediately," he said.

The Drug Provision also provides a student may resume eligibility for aid
if said student satisfactorily completes a drug rehabilitation program
which meets certain requirements prescribed by regulation.

Students who cannot afford college tuition are frequently also unable to
afford the private drug rehabilitation required by the HEA Drug Provision
to resume eligibility for federal financial aid, said Angell.

When filling out the FAFSA, Question 35 asks applicants to indicate if they
have ever been convicted of "possessing or selling illegal drugs." If an
applicant's answer is positive, the applicant is then required to fill out
a worksheet to determine if and when the applicant will resume eligibility
for federal student financial aid.

The HEA Drug Provision specifically affects students of low- and
middle-income families, the same people the HEA is intended to assist.
Students who qualify for federal financial aid receive that aid because
tuition costs would otherwise prevent them from attending college. "College
costs money. If people can't pay for it on their own, they usually apply
for financial aid. If someone is barred from receiving federal financial
aid because of a drug conviction, then it follows that they will be
prevented from attending college and will be forced to do something else
with their lives," Angell said.

Students from higher-income families can afford the quality legal
representation necessary to avoid drug convictions as well as the price of
tuition without financial aid, he said.

"I agree that the provision unfairly impacts lower-income students," said
John D. Wartman, University Legal Clinic attorney.

Removing students' financial aid, which increases the likelihood of their
leaving college, also increases the likelihood students won't return to
complete their studies. "[The HEA] steers at-risk students away from
education and into a cycle of failure and recidivism," said Angell. The
Department of Education reports that among students who left four-year
colleges before the beginning of their second year 36 percent did not
return within five years, 50 percent of those leaving two-year institutions.

"The HEA Drug Provision usurps the criminal justice system's authority to
administer punishments for violations of the law and punishes individuals
twice for the same infraction," according to the SSDP Web site.

Entering or returning to college reduces the likelihood that an individual
will return to engaging in illegal activity. According to the Federal
Bureau of Prisons, there is an inverse relationship between recidivism
rates and education. The Correctional Education Association also reports
that prisoners who receive at least two years of higher education have a 10
percent arrest rate, compared with a national re-arrest rate of about 60
percent.

Minorities are disproportionately affected by the HEA Drug Provision. While
African Americans make up 13 percent of the population and 13 percent of
drug users, they account for 55 percent of all drug convictions.

The HEA already excludes students receiving lower than a "C" average in
their studies from receiving federal financial aid.

"The Drug Provision, therefore, only denies aid to students who are doing
well in school," Angell said.

To limit the number of deserving students eligible for federal aid is
counterproductive and denying students the opportunity for a college
education brings us no closer to solving the nation's drug problem, he
said. "The Drug Provision is neither a deterrent to drug use nor a measure
which provides for the rehabilitation of those with addictions," Angell said.

[sidebar]

The number of marijuana arrests exceeded the total number of arrests for
all violent crimes combined, including murder, rape, manslaughter, robbery
and aggravated assault.

Of those charged with marijuana violations, 88 percent were charged with
possession only.

Marijuana arrests comprised 45 percent of all drug arrests.

[sidebar]

IF CONVICTED OF AN OFFENSE INVOLVING:

The Possession of a Controlled Substance:

Ineligibility period is:

First offense 1 year

Second offense 2 years

Third offense Indefinite

The Sale of a Controlled Substance:

Ineligibility period is:

First offense 2 years

Second offense Indefinite

[sidebar]

ON THE NET:

Students for Sensible Drug Policy: www.ssdp.org;

FBI 2003 Crime in the United States report:
http://www.fbi.gov/page2/oct04/ucr102504.htm

Coalition for Higher Education Act Reform: www.raiseyourvoice.com/index.shtml