College and University Blog

Drug Convictions - How They Affect Your Financial Aid

A 40-year-old seeking a college education could – up until recently – be ineligible for federal financial aid because of a marijuana conviction more than 20 years ago. The Higher Education Act (HEA) was signed into law over three decades ago by President Lyndon Johnson. It opened the door to higher education for many students. It establishes federal financial aid programs such as Perkins Loans, Pell Grants, Supplemental Educational Opportunity Grants, PLUS Loans, and Work-Study Programs. The Act has been periodically reviewed and updated by Congress.

In 1998, Congress enacted an amendment to the Higher Education Act that denies loans, grants, even work study jobs to tens of thousands of would-be students every year who have drug convictions. These restrictions were harsh because they could prevent past offenders from obtaining a college education for a joint smoked years ago. They also forced students to spend more time working to pay for school, reduce their course loads, or drop out of school entirely.

Section 484, subsection R of the Higher Education Act of 1998 (HEA) delays or denies federal student financial aid eligibility to applicants with any misdemeanor or felony drug conviction. Applicants with a single possession conviction lose eligibility for one year from conviction date; those with a second possession conviction or one sales conviction lose eligibility for two years; and three possession convictions or two sales convictions cost an applicant eligibility indefinitely. In early 2006 the law was scaled back to be limited to offenses committed while a student is enrolled in college and receiving federal Title IV aid.

This law has many critics. Some of their concerns include:

It hurts lower income families. Denying financial aid to students hurts only those students who need the aid the most. Students that are well-to-do don