AFTER MONTHS OF DEBATE COLUMBIA VOTERS WILL DECIDE ON PROP. 1 TODAY.

Andrea is a student at Humboldt State University in Arcata, Calif., who
spends her weekdays juggling. At 8 a.m., she's a college student. At 1
p.m., she's the assistant manager of a gas station. After 5, she's a mom.
It's a hectic schedule, but she said she wouldn't have it any other way.

"I'm just happy to be doing good, doing something that has a future," she said.

Andrea wasn't always doing something that has a future. A few years back
she was a self-described "pot-head and dope addict." She was also a dealer,
making a living by selling pot and "whatever else I could get my hands on."

After several arrests for marijuana possession, Andrea said she took, "a
good long look at where I was headed, and decided to make some changes."

She got a job at a gas station. She got custody of her child. She got a
promotion and became a manager. Then she decided she wanted to go to college.

"The 76 (gas) station was just as dead-end as the streets," she said, "just
in a different way."

Andrea applied for financial aid to go to school, but she was denied
because of her drug convictions.

The Higher Education Act of 1998

Andrea is one of almost 87,000 students that have been denied federal
financial aid since Congress passed the Higher Education Act of 1998.
Provisions of the act prohibit anyone with a state or federal drug
conviction from receiving federal financial aid for a period ranging from
one year to life depending on the number and type of convictions.

"That's 87,000 people who aren't getting an education," said Paul
Armanento, spokesman for the National Organization for the Reform of
Marijuana Laws. "Plus who knows how many that haven't even applied (for
aid) because they know they'll get denied."

The authors of the act insist their intent was never to deny an education
to anyone. U.S. Rep. Mark Souder, R-Ind., sponsored the drug provisions of
the Higher Education Act. Souder's spokesman, Seth Becker, said the
provision was simply intended, "to make sure that if you're receiving money
from the government, you're obeying the law."

The law has come under harsh criticism from student groups, drug
legalization proponents, members of Congress and the National Association
of Student Financial Aid Administrators.

Rep. Barney Frank, D-Mass., voiced a common criticism when he attacked the
act as hypocritical.

"Someone who commits murder or armed robbery is not automatically barred
from financial aid eligibility," Frank said when introducing a bill to
repeal the provisions, "but if you have even one non-violent drug
conviction you can't get any aid for a year."

Frank has introduced his bill every year since 2000 with little hope for
passage.

Andrea said denying her financial aid is the surest way to make sure she
goes back to drugs.

"Aren't I the sort of person you want in school?" she asked. "If you don't
want me in school, well, fine, I know how to make money. Is that what the
government wants "me back on the streets selling dope?"

Proposition 1

Stories like Andrea's are one reason proponents say voters in today's
election should approve Proposition 1.

Forty-three MU students have been denied aid since the act went into
effect, but according to the measure's authors, if Proposition 1 passes,
students arrested by Columbia police for marijuana possession will no
longer have to worry about losing their aid. Proposition 1 would require
Columbia police to handle all cases of marijuana possession involving 35
grams or less as municipal infractions "akin to a traffic ticket o instead
of referring the case to state courts for criminal prosecution.

"Students shouldn't have the rest of their lives messed up because of one
mistake," said Anthony Johnson, co-author of the proposition and an MU law
student.

Johnson said he was spurred to action after reading about how students were
losing their financial aid because of drug convictions.

Johnson and Columbia lawyer Dan Viets authored the ordinance and set about
getting it on the ballot. Supporters gathered more than 2,600 signatures,
requiring the Columbia City Council to either approve the ordinance or set
it for public consideration at the next election. The council voted 5-1 to
set the ordinance for public consideration on today's ballot.

Proposition 1 also would legalize the use of marijuana for people with a
doctor's recommendation.

A one-size-fits-all approach?

Proposition 1 has received more support than similar measures in the past,
but it's aroused its share of opposition.

Local law enforcement officials say they oppose the measure because it
removes their discretion in how to prosecute marijuana offenses.

"Right now most people caught with small amounts of marijuana are
prosecuted in city court," Columbia Police Chief Randy Boehm said.

Boehm said the only time people caught with 35 grams or less of marijuana
are prosecuted in state court is when they are arrested for other crimes,
have a criminal record or are arrested during the execution of a search
warrant.

In a statement issued earlier this year, Boone County Prosecutor Kevin
Crane, Boone County Sheriff Ted Boehm and Chief Boehm said, "Every criminal
case is unique and should be handled consistent with the unique facts and
background of the offender."

White House intervention

Many opponents say Proposition 1 is part of a nationwide attempt to
legalize drugs.

"Their goal is legalizing all drugs," said Kevin Sabet, senior speech
writer for the White House Office of National Drug Control Policy. "This is
part of a well-funded campaign coming from the likes of George Soros.
Theyive targeted college towns across the country with initiatives like this."

Last week Sabet's boss, Scott Burns, ONDCP deputy director of state and
local affairs, visited Columbia. Sabet said Burns wasn't here to tell
Columbians how to vote, but instead to inform Columbia about the
"misinformation being spread by the legalization proponents."

During his visit, Burns claimed Proposition 1 would lead to increased drug
use in the community.

"Missouriis the Show-Me state, right?" Burns said. "Well, show me how more
marijuana use is a good thing. I think this sends a horrible message to
children. More kids wind up in rehab because of pot than because of alcohol
or all other illegal drugs combined."

Russian roulette

Opponents of Proposition 1 have also attempted to cast doubt on the claim
that it will protect student's financial aid eligibility.

"Federal law overrules state or local law," Burns said. "This ordinance
will not prevent anyone from losing their aid."

Peggy Quigg, executive director of the anti-drug group ACT Missouri, said
she's concerned that if Proposition 1 passes, students could have a false
sense of security.

"Students would be playing Russian roulette with their aid," she said.

Quigg and Burns are correct to assert that students would not be immune
from state or federal prosecution under Proposition 1, but they may be
leaving some critical information out.

The Higher Education Act reads, "A student who has been convicted of any
offense under any federal or state law involving the possession or sale of
a controlled substance shall not be eligible (for aid)." The act makes no
reference to municipal offenses such as those mandated under Proposition 1.
Viets acknowledges that federal and state authorities can still come into
Columbia and make arrests, but he points out that they rarely, if ever,
target users or even small scale dealers.

"Russian roulette, huh?" asked Viets when considering the analogy. "Well,
if you go into state court you've got five cylinders loaded, but in
municipal court the gun's empty."

Though Quigg suggests the issue of student aid may be "a gray area," Viets
said the issue is as black-and-white as the print in the Higher Education
Act. He said it is possible the federal Department of Education could try
and deny aid to someone convicted under Proposition 1, but they'd be in
clear violation of the law and he'd be confident of an easy court victory.

"I'd love to take that case," Viets said.

Rehab. and perjury

Because of her multiple convictions, the only way Andrea can regain
eligibility is to attend a drug rehabilitation program that meets
Department of Education guidelines, but she says that's not an option.

"As if I've got the money for that," Andrea said. "I can barely pay my rent."

Becker said the rehab provisions are meant to allow students who do turn
their lives around to get aid eligibility back.

"For Congressman Souder, the idea of repentance is huge," Becker said. He
said his boss is an evangelical Christian and to them, "the idea that
people can change their lives is fundamental."

But Andrea said the only rehab she found that would accept her state's
Medicaid had an 18-month waiting list.

"What am I supposed to do?i she asked. "I already wasted a decade on dope.
Now I'm supposed to wait another two years to get on with my life?"

Andrea said she turned to a popular option for students who think drug
convictions may affect their eligibility: she lied.

No one knows how many students lie on their FAFSA forms by indicating that
they don't have any drug convictions. The numbers of students reporting
drug convictions has declined, but no one knows if that's because more
students are lying on their forms or because students with drug convictions
simply don't apply.

"The Department of Education does some verification," Johnson said. "But
they don't have the resources to check all of them."

Department of Education officials would not offer specifics of their
verification measures, nor would they say if they actually would prosecute
students caught lying on their FAFSAs.

Andrea said she doesn't want to think about getting charged with perjury or
fraud.

"That would suck," she said. "Getting a felony for trying to go to school.
What bullshit."

Andrea is a student at Humboldt State University who asked to be referred
to by a different name to protect her identity.