In accordance with U.S. Department of Education regulations, a conviction for any offense under any federal or state law involving the possession or sale of illegal drugs, during a period of enrollment when receiving federal aid, will result in the loss of eligibility for any Title IV, HEA grant, loan, or work study assistance. A conviction that was reversed, set aside, or removed does not count, nor does one received as a juvenile, unless tried as an adult.
The chart below illustrates the period of ineligibility for FSA funds, depending on whether the conviction was for sale or possession and whether the student had previous offenses. (A conviction for sale of drugs includes convictions for conspiring to sell drugs.)
|# of Offense||Possession of illegal drugs||Sale of illegal drugs|
|1st offense||1 year from date of conviction||2 years from date of conviction|
|2nd offense||2 years from date of conviction||Indefinite period|
|3rd offense||Indefinite period|
To regain eligibility, a person must successfully complete a drug rehabilitation program recognized by a federal, state or local government agency and the program must include at least 2 unannounced drug tests OR if the conviction was reversed, set aside or removed from the student’s record. If a student is denied eligibility for an indefinite period, the student can regain eligibility after completing a drug rehabilitation program as described previously or if the conviction is reversed, set aside, or removed from the student’s record so that fewer than two convictions for sale or three convictions for possession remain on the record. In such cases, the nature and dates of the remaining convictions will determine when the student regains eligibility.