Drug Abuse Prevention and Statistics

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NOTICE TO STUDENTS CONCERNING PENALTIES FOR DRUG VIOLATIONS

U.S. Code › Title 20 › Chapter 28 › Sub-chapter IV › Part F › § 1091
(r) Suspension of eligibility for drug-related offenses
(1) In general
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 sub-chapter shall not be eligible to receive any grant, loan, or work assistance under this sub chapter from the date of that conviction for the period of time specified in the following table:

If convicted of an offense involving:   Ineligibility period is:
The possession of a controlled substance: First offense-1 year
Second offense-2 years
Third offense-Indefinite.
The sale of a controlled substance: 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 802(6) of title 21.

U.S. Code › Title 21 › Chapter 13 › Sub chapter I › Part A › § 802(6) The term “controlled substance” means a drug or other substance, or immediate precursor, included in schedule I, II, III, IV, or V of part B of this sub-chapter. The term does not include distilled spirits, wine, malt beverages, or tobacco, as those terms are defined or used in subtitle E of the Internal Revenue Code of 1986.