By Judge Greg Mathis

In 1998, Congress passed the Drug Provision of the Higher Education Act, a law that prevented individuals convicted of drug offenses from receiving federal financial aid for college. The law extended to those convicted of marijuana-related offenses, no matter how small the amount and didn’t make a distinction between those who use drugs, addicts and those who sell drugs. The Act was later amended to extend to students convicted of drug-related offenses, again, no matter how minor, while receiving federal aid.
Since the bill passed, thousands of people – most of them Black or brown and poor – have been denied the money they need to attend college and change the direction of their future. It is time this law was amended, making room for minor drug offenders to receive federal financial aid. With America moving away from a blue-collar economy, a college education is becoming increasingly critical. Denying low-level drug offenders, many of whom would benefit from drug counseling, a chance to advance themselves intellectually and economically will only serve to increase the education and wealth gap in this country.
Drug offenders, before they even decide they want to go college and apply for financial aid, have already paid for their crime: in the courts. They’ve performed their community service, paid their fines or served out their probations. In many cases these offenses are misdemeanors. If the courts view these offenses as minor, it stands to reason that the higher education system should as well.
This law disproportionately affects people of color and poor people. Rich kids caught with drugs don’t need aid to attend college. Their parents can simply foot the bill. Poor people caught with drugs either have to give up their college dreams altogether or work while attending college, impeding their studies.
People of color, Black males in particular, are in small numbers on college campuses around this country.
This law only serves to reduce that population. It also serves to increase the nation’s prison population, already the highest in the world. If drug offenders aren’t provided with opportunities to obtain the knowledge needed to compete in today’s workforce, many will have no choice but to resort to crime, making the streets more dangerous and increasing the burden on taxpayers.
This country has a duty to ensure that anyone who is willing and able to attend college has the opportunity. Financial aid to college students is supposed to be part of our promise to open up doors for those in need. It was not intended to be used as a punishment and shouldn’t be used as such. 

Editor’s note: Judge Greg Mathis is the national vice president of Rainbow PUSH and a national board member of the Southern Christian Leadership Conference.

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