Federal Drug Law Could Use a Fix

[SmokeDog420]

It is both ironic and unjust that an ex-convict who has served time for a violent crime -- say, assault or even murder -- can go to college and qualify for financial aid, and, yet, a college student who has never committed an offense more egregious than experimenting with a marijuana cigarette can be denied any federal financial aid whatsoever.
The problem isn't that the excon can qualify for financial aid. If America stands for anything, it ought to be about second chances -- and a college education. A passport to economic opportunity ought not be denied someone who is trying to rehabilitate his life.

No, the problem is a draconian federal law that denies financial aid to someone who once committed a minor drug offense that is, in some jurisdictions, punishable by nothing more serious than a citation.

"It's a form of double jeopardy," said Jason Bell, a felon turned San Francisco State University student who now helps other offenders obtain financial aid, to The New York Times recently. "They (drug offenders) do the time but then there are still roadblocks when they finish. I don't believe people should be punished twice."

Neither does U.S. Rep. Mark Souder, R-Ind., author of the federal law that has been used by both the Clinton and Bush administrations to deny financial aid to students who have been caught experimenting with drugs. He recently told The Times that both administrations have misinterpreted the act and wrongly used it to punish drug offenders who are trying to reclaim their lives by getting a higher education.

Whether the law is being correctly interpreted or not, it clearly needs to be revised. But the revision being suggested by the administration is only a partial fix. It would allow someone who committed a drug offense before going to college to qualify for financial aid, but it would continue to deny aid to college students who get caught with drugs.

Under that "fix," a felon who has a lengthy rap sheet of drug violations could qualify, but a 17year old freshman who is caught taking his first puff of a marijuana cigarette would be denied aid for at least a year.

The administration proposal, The Times reports, "would have the odd effect of barring some first-time, minor offenders from getting financial aid while restoring it to more serious drug lawbreakers."

It's time for members of Congress to use some common sense when it comes to using financial aid as a means of punishment. The truth is that young people in college -- many of them "on their own" for the first time in their lives -- are likely to be tempted to experiment with drugs. To punish otherwise law-abiding young adults by potentially forcing them to leave college for lack of financial support is both unjust and illogical.

There are laws on the books to punish drug offenses. There is no reason to use financial aid as one more "weapon" in the war against drugs.



Source: Ledger, The (FL)
Published: Saturday, April 10, 2004
Copyright: 2004 The Ledger
Contact: voice@theledger.com
Website: http://www.theledger.com/