Drug Convictions May Impact Your Ability to Receive Financial Aid

/in /by

In 1998, the United States Congress passed a law that disqualified students from receiving financial aid who were convicted of the possession or sale of drugs if they were arrested while receiving aid. In Georgia, misdemeanor Marijuana possession of less than one ounce falls under this law. Beginning in the 2000-2001 academic year, the U.S. government’s Free Application for Federal Student Aid (FAFSA) added question 23, which reads:

Have you been convicted for the possession or sale of illegal drugs for an offense that occurred while you were receiving federal student aid (such as grants, loans or work-study)?

Answering Yes to question 23 on the FAFSA form triggers the government to send you an additional worksheet after you submit your applications titled Student Aid Eligibility Worksheet for Question 23. https://studentaid.ed.gov/sites/default/files/2012-13-student-aid-eligibility-drug-worksheet.pdf  The worksheet runs through a series of scenarios that determine whether you are currently eligible for financial aid:

  1. If you’ve never previously received financial aid, the drug conviction does not impact your ability to receive aid.
  2. If the arrest for which you’ve been convicted didn’t occur while you were receiving financial aid, the drug conviction does not impact your ability to receive aid.
  3. If you’ve completed an acceptable drug rehabilitation program (including two unannounced random tests) since your conviction, the drug conviction does not impact your ability to receive aid.
  4. If you were receiving aid at the time of arrest and you haven’t completed an acceptable drug rehabilitation program, your ability to receive aid will be suspended for a minimum period of one (1) year from the date of conviction. The period of suspension depends on the severity of the conviction.
Possession of Illegal Drugs Sale of Illegal Drugs
First Offense One (1) Year Two (2) Years
Second Offense Two (2) Years Indefinite Period (Must Complete Drug Rehabilitation)
Three or More Offenses Indefinite Period (Must Complete Drug Rehabilitation)

Therefore, it is imperative that you contact an attorney to protect your rights if you’ve been charged with the possession or sale of drugs while you were receiving federal aid. Don’t let a drug arrest impact your ability to get a college degree.