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Financial Aid 禄 Penalties for Drug Law Violations

Penalties for Drug Law Violations

(1) IN GENERAL.鈥擜 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:聽 Ineligibility period is: Ineligibility period is:
First offense 1 Year 1 year
Second offense 2 Year 2 year
Third offense Indefinite Indefinite
The sale of a controlled substance:聽聽聽聽聽 Ineligibility period is: Ineligibility period is:
First offense 2 Years 2 years
Second Offense Indefinite Indefinite

 

(2) REHABILITATION.鈥擜 student whose eligibility has been suspended under paragraph (1) may resume eligibility before the end of the ineligibility period determined under such paragraph if鈥�

(A) the student satisfactorily completes a drug rehabilitation program that鈥�

(i) complies with such criteria as the Secretary shall prescribe in regulations for purposes of this paragraph; and

(ii) includes two unannounced drug tests;

(B) the student successfully passes two unannounced drug tests conducted by a drug rehabilitation program that complies with such criteria as the 聽Secretary shall prescribe in regulations for purposes of subparagraph (A)(i); or

(C) the conviction is reversed, set aside, or otherwise rendered nugatory.

(3) DEFINITIONS.鈥擨n this subsection, the term 鈥樷�榗ontrolled substance鈥欌�� has the meaning given the term in section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)).