By Judge Greg Mathis
Current federal laws prevent anyone with a drug conviction – even a nonviolent one – from receiving financial aid for college. With America’s rising drug problem, the logic behind the law is obvious – deter young people from engaging in drug activities by threatening their chance to go to college. However, the law is seriously flawed. Individuals with convictions involving marijuana should not be lumped into the same category as those convicted of selling crack or crystal meth. These are very different drugs, with very different effects on society. As usual, America’s one-size-fits-all drug policies treat all crimes as equal, even when they clearly are not.
A recently released study shows that nearly 190,000 students have been turned down for financial aid since the federal government added a question to federal financial aid forms that asks students if they have a drug conviction. The study, released by Students for Sensible Drug Policy, shows that one in every 400 students is refused financial aid when they answer “yes” to this question. Not answering the question won’t make a difference – a student will only be automatically disqualified from receiving aid. Those with convictions can regain their aid eligibility by completing a drug rehab program that includes random drug tests.
Although illegal, marijuana does not wreak havoc on individuals, families and entire communities the way other drugs are known to. Why then, is it grouped in with other more dangerous drugs? Under-age drinking is a huge problem in America, particularly on college campuses; there aren’t any policies that keep minors caught drinking from receiving financial aid. This is not to advocate for marijuana use; this is to simply point out how unfair it is to subject someone convicted of smoking a joint to the same fate as someone convicted of smoking and selling crack. As with any legal situation, especially those involving drugs, all of the circumstances surrounding the case should be considered -- one question on an application should not be enough to determine whether or not a student gets money for college. If the question isn’t going to be removed from the application altogether, then a second question should be added, asking the applicant to classify the drug conviction and list the type of drug and the street value. At least, in this way, financial aid officials will have a better picture of the crime committed and can make a more informed decision.
During the 2003-2004 school year, more than 40,000 applicants were refused financial aid because they had drug convictions. That’s 40,000 students that could have gone on to become teachers, doctors, lawyers or even Presidents of the United States – in short, productive members of society. There’s no guarantee that these students won’t live out their dreams of finishing college, but one thing is certain -- this current barrier will only make achieving that goal that much more difficult.
Editor’s note: Judge Greg Mathis is national vice president of Rainbow PUSH and a national board member of the Southern Christian Leadership Conference.