Dept of Ed: Considering Effect of CA Marijuana Decriminalization

One of the most noxious aspects of our nation's drug policy is that since 2000, resources to students dry up if he or she is convicted of any drug offense. The provision was inserted into a bill amending the Higher Education Act of 1965 by Rep. Mark Souder(R-IN) and appears as subsection (r) of 20 U.S.C. 1091

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 for which the student was receiving any grant, loan, or work assistance under this subchapter and part C of subchapter I of chapter 34 of title 42 shall not be eligible to receive any grant, loan, or work assistance under this subchapter and part C of subchapter I of chapter 34 of title 42 from the date of that conviction for the period of time specified in the following table:

"Offense" is not defined in the legislation, though "controlled substances" is. "Controlled substances" certainly includes marijuana.

California students may be able to escape this penalty if they are 'convicted' of possession. California recently enacted a law changing possession of under an ounce of weed from a misdemeanor to an infraction. Criminal infractions do not appear on standard criminal records. The Department of Education's policy says it looks to "the student's record" in determining eligibility for grants, loans and work study under the Higher Education Act. When asked by the San Francisco Chronicle, a Department of Education spokesperson acknowledged the need to clarify the procedure, remarking, "We will review the changes in the California law to see how it affects the federal provision."

If you value equal access to education, now would be a good time to call or email the Department of Education to help them shape their rule. The California law takes effect on January 1st, so the Department will probably shore up their rules by then.