Exercising criminal defense in Ithaca, NY brings some students stressed that many legal issues. Many Cornell University and Ithaca College students receive financial aid in various forms. Concerns over the impact that the conviction of any type could have on current lifestyle, future plans and career prospects are always at the forefront of the legal consultation.
Most students are unaware of any convictions for the sale or possession of illegal drugs leads to some difficult collateral consequences.
President Clinton signed the original legislation which amended the Higher Education Act (HR 6) that involve “student who has been convicted of any offense under any Federal or State law involving the possession or sale of drugs shall not be eligible to get any federal funding, loans or work study. “This was changed in 2006 to the end of eligibility for Federal financial assistance when the offense occurred at a time when the student was to receive assistance.
The control law 20 USC section 1091 (r) (1) to suspend eligibility for any federal grants, federal loans or federal work study financial aid for students convicted of any offense under State or Federal law involving the possession or sell drugs.
Suspension appropriate Federal financial assistance will start on the date of conviction and ends thus:
– for Possession of Drug 1. violations: 1 year
– for Possession of Drug second violation: 2 years
– for Possession of Drug third violation: An
– the sale of CS st offense or second offense: 2 years
– the sale of CS 3rd offense: an
use of marijuana in Ithaca is ubiquitous. Pot is not considered or recognized by many and drugs or illegal drugs. There are many “head” shops in downtown Ithaca Commons that sell pipes, bongs and other smoking paraphernalia.
Of important note to college students is the fact that the conviction for illegal Possession of marijuana (UPM) PL 221.05 will lead ineligible for any Federal financial assistance.
UPM is for possession of less than 25 grams (about 7/8 of an ounce) of marijuana. However, Criminal Possession of marijuana (criminal 221.10), B misdemeanor, is because the amount of 25 grams but less than 2 ounces OR where asset in public where marijuana is burning or open to public view.
How is it possible to Federal financial assistance will be affected by the hands of one unlit joint?
UPM constitutes just a fraction of New York State and is not classified misdemeanor (crime). Even so, Section 1091 was specifically written to include any act language (thanks to former President Clinton) is not necessarily a crime, and illegal had marijuana, PL 221.05 constitutes such a violation, and marijuana is a controlled substance listed under 21 USC section 802 ( 6).
So what resources are available to students convicted?
They can complete a drug rehabilitation program to regain eligibility. This program must meet the criteria set out by the Secretary of Education of (1) to be eligible to receive funds from the state or local government, or from the Federally or licensed insurance OR (2) to give or recognized by a Federal, State or government agency or court, or Federally or state licensed hospital, clinic, doctor and
(3) must contain two unexpected Testing.
Of course, the best solution is not to have UPM conviction in the first place by negotiate termination charges or ACD (adjournment in contemplation of dismissal). A Illegal Possession of marijuana (UPM offense), and Criminal Possession of marijuana (Class B misdemeanor) charges can usually be solved with non criminal precipitation that will not affect federal financial aid website.