Penalties for Drug Law Violations

This notice provides information on the penalties associated with drug-related offenses under section 484(r) of the Higher Education Act. It also provides notice on how to regain eligibility after conviction of a drug related offense.

The institution will provide a timely notice to each student who has lost eligibility for any grant or loan as a result of penalties under 484(r)(1) of the HEA and will advise the student of the ways in which to regain eligibility under section 484(r)(2) of the HEA.

Suspension of Eligibility for Drug-Related Offenses

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:

Period of Ineligibility for Title IV Federal Aid
  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
3+ Offenses Indefinite Period  

Regaining Eligibility

You regain eligibility the day after the period of ineligibility ends, the date your conviction is overturned, or the date you complete a qualified drug rehabilitation program – whichever occurs first.

If your eligibility has been suspended indefinitely, you may only regain it by successfully completing a qualified drug rehabilitation program. A qualified drug rehabilitation program must include at least two unannounced drug tests and satisfy at least one of the following requirements:

  • be qualified to receive funds directly or indirectly from a federal, state, or local government program
  • be qualified to receive payment directly or indirectly from federally- or state-licensed insurance company
  • be administered or recognized by a federal, state, or local government agency or court
  • be administered or recognized by a federally- or state-licensed hospital, health clinic, or medical doctor