Federal Student Financial Aid Penalties for Drug Law Violations

This notice provides information on the penalties associated with drug-related offenses under section 484(r) of the Higher Education Act. It also provides notice on how to regain eligibility after conviction of a drug-related offense.

The institution will provide a timely notice to each student who has lost eligibility for any grant, loan, or work-study assistance as a result of penalties under 484(r)(1) of the HEA and will advise the student of the ways in which to regain eligibility under section 484(r)(2) of the HEA.

(r) SUSPENSION OF ELIGIBILITY FOR DRUG-RELATED OFFENSES-

  • IN GENERAL- 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 to receive any grant, loan, or work assistance under this title during the period beginning on the date of such conviction and ending after the interval specified in the following table:

If convicted of an offense involving:

            The possession of a controlled substance:

Ineligibility period is:

First offense1 year from date of  conviction
Second offense2 years from date of conviction
Third offenseIndefinite

The sale of a controlled substance:

 Ineligibility period is:

First offense2 years from date of conviction
Second offenseIndefinite
   
A student regains eligibility the day after the period of ineligibility ends or when they successfully complete a qualified drug rehabilitation program that includes passing two unannounced drug tests given by such a program. Further drug convictions will make them ineligible again.
   
Students denied eligibility for an indefinite period can regain it, either after successfully completing a rehabilitation program (as described below, which includes passing two unannounced drug tests from such a program), or if a conviction is reversed, set aside, or removed from the student's record so that fewer than two convictions for sale or three convictions for possession remain on the record. In such cases, the nature and dates of the remaining convictions will determine when the student regains eligibility.
   
It is the student's responsibility to certify they have successfully completed the rehabilitation program.