Federal law provides that a student who is convicted of any offense under any federal or state law involving the possession or sale of a controlled substance for conduct that occurred during a period of enrollment in school where the student was receiving any grant, loan, or work assistance shall be ineligible for such assistance for a specified time period. This applies to both misdemeanors and felonies.
The following table sets forth the ineligibility periods:
Conviction for possession of controlled substance | Duration of ineligibility |
First offense | 1 year |
Second offense | 2 years |
Third offense | Indefinite |
Conviction for sale of a controlled substance | Duration of ineligibility |
First offense | 2 years |
Second offense | Indefinite |
It is possible for a student to have their eligibility reinstated before the specified time period if they meet the following criteria:
a). Satisfactorily completion of a drug rehabilitation program that:
1). Complies with federal regulations
2). Includes two unannounced drug tests which the student passes; or
b). Passing two unannounced drug tests administered by an approved drug rehabilitation program; or
c). The conviction is reversed, set aside, or otherwise rendered nugatory.