23 April 2011

The collateral consequences of pot possession

In New York, the direct penalty for possessing a very small amount of un-burned marijuana is slight.  Unlawful Possession of Marijuana (UPM) is a violation, not a crime, and the maximum penalty for a first-time offense is $100.*  However, given that a UPM charge is probably where most otherwise-law-abiding high school and college kids will intersect with the criminal justice system, there is one more important consequence to consider before pleading guilty, handing your Ben Franklin over to the friendly Town Court clerk, and going on your way.

A UPM conviction could result in a suspension of federal financial aid for college students.  Under 20 USC 1091[r][1], any conviction for simple drug possession "during a period of enrollment" results in ineligibility for federal financial aid.  The period of ineligibility is 1 year for a first offense, 2 years for a second offense, and indefinite ineligibility for a third offense.

Losing federal financial aid eligibility for getting caught with a joint is a bit draconian, but it is a very real consequence that a student facing a UPM charge needs to be aware of.

* Second offense is a higher fine, and a third offense carries potential jail time.

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