Policy Details
(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 year |
| 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)).