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Senate Votes to Lift Ban on Student Aid for Non-Violent Drug Offenders

In 1998, then President Bill Clinton, who as I wrote yesterday, was no friend to the criminal defendant, signed legislation banning federal student aid to those who convicted of a non-violent drug offense, including possession of marijuana.

In the Ebeneezer Cheney budget bill approved by the Senate yesterday, there is one laudatory feature. NORML reports:

The US Senate voted 51 to 50 yesterday in favor of legislation that would lift the ban on federal aid to students who have a prior, non-violent drug conviction. The Congressional ban, known as the "drug offender exclusionary provision" of the Higher Education Act, has denied federal financial aid to some 175,000 students since its enactment in 1998.

Under the Senate provision, which was included in Senate Bill 1932 (the budget reconciliation bill), students with past drug convictions will now be eligible to apply for federal financial aid. However, students who are convicted of a nonviolent drug offense, including minor marijuana possession, while in college will continue to be stripped of their federal aid eligibility. President Bush is anticipated to approve the amendment, which would take effect in 2006.

"This partial reform by Congress is long overdue and is a step in the right direction," said NORML board member Chris Mulligan, campaign director for the Coalition for Higher Education Act Reform (CHEAR). "Nonviolent, minor marijuana offenders should not be singled out and restricted from receiving college loans over a joint."

Studies have shown that those convicted of crimes are far less likely to be re-arrested after having received two years of postsecondary education, Mulligan noted. By contrast, students forced to leave school after their first year are unlikely to ever complete their education, he said.

The Senate bill is available here. Just type in "S. 1932" and scroll down to section 8021.

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    Re: Senate Votes to Lift Ban on Student Aid for No (none / 0) (#1)
    by kdog on Fri Dec 23, 2005 at 06:20:23 AM EST
    Well at least there is some good news in that bill.

    Re: Senate Votes to Lift Ban on Student Aid for No (none / 0) (#2)
    by Che's Lounge on Fri Dec 23, 2005 at 10:34:54 AM EST
    Shoot they just didn't see it. Otherwise it would have been Amendment City. Even a broken clock is correct twice each day.

    Re: Senate Votes to Lift Ban on Student Aid for No (none / 0) (#3)
    by peacrevol on Fri Dec 23, 2005 at 10:52:11 AM EST
    I dont know che...perhaps they're finally making a step in the right direction on purpose. I mean, the right lobbiist can get damn near anything done in W-town.

    Re: Senate Votes to Lift Ban on Student Aid for No (none / 0) (#4)
    by learned hound on Fri Dec 23, 2005 at 02:17:01 PM EST
    They don't get it at all. A college kid gets busted and convicted in NY for unlawful possession of marij, which is not even a crime (it's a civil infraction), and the maximum fine is $100. But because of the conviction he loses $20,000 in financial aid for this year. And this is the "good news" in the bill? What are these congresspersons smoking anyway?

    Re: Senate Votes to Lift Ban on Student Aid for No (none / 0) (#5)
    by Johnny on Fri Dec 23, 2005 at 07:00:02 PM EST
    Learned Hound, the good news, should you read the headline, is that the ban on denying drug offenders is banned.

    While this partial reform is mostly a disappointment and is like slapping a band-aid on a gaping wound, students around the country should be proud of the fact they forced Congress to recognize there's something wrong with this terrible law as written by Rep. Mark Souder. This is the first time Congress has scaled back a punitive prohibitionist policy is a very long time, and it wouldn't have happened without years of sustained activism by students. Up next, we're suing the bastards in court. There's more at www.DAREgeneration.com.