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Notice of Federal Student Financial Aid Penalties for Drug Law Violations

SUSPENSION OF ELIGIBILITY FOR DRUG-RELATED OFFENSES

(1) IN GENERAL.—A 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: Ineligibility period is:
First offense ................................... 1 year
Second offense ............................... 2 years
Third offense .................................. Indefinite.

The sale of a controlled substance: Ineligibility period is:
First offense ................................... 2 years
Second offense ............................... Indefinite.

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

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

(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
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.—In this subsection, the term ‘‘controlled substance’’ has
the meaning given the term in section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)).