| Practicing criminal defense law in Ithaca, NY brings a | | | | sell pipes, bongs, and other smoking paraphenalia. |
| specific student focus to many legal issues. Many | | | | Of important NOTE to college students is the fact that |
| Cornell University and Ithaca College students receive | | | | a conviction for the Unlawful Possession of Marijuana, |
| financial aid in various forms. Concerns over the affect | | | | (UPM) PL 221.05 will result in a period of ineligibility for |
| that a conviction of any type could have on their | | | | any Federal financial aid. |
| current lifestyle, future plans, and career prospects are | | | | UPM is for possession of less than 25 grams (about 7 |
| always at the forefront of any legal consultation. | | | | 8 of an ounce) of marijuana. In contrast, the Criminal |
| Most students are unaware that any conviction for the | | | | Possession of Marijuana (Penal law 221.10), a B |
| sale or possession of illegal drugs leads to some harsh | | | | misdemeanor, is where the amount is over 25 grams |
| collateral consequences. | | | | but less than 2 ounces OR where possession is in a |
| President Clinton originally signed the legislation that | | | | public place where the marijuana is burning or open to |
| amended Higher Education Act (H.R. 6) which | | | | public view. |
| mandated that "A student who has been convicted of | | | | How is it possible that your Federal financial aid will be |
| any offense under any Federal or State law involving | | | | affected by the possession of one unlit joint? |
| the possession or sale of a controlled substance shall | | | | UPM is considered just a violation in New York State, |
| not be eligible to receive any federal grant, loan, or | | | | and is not a classified misdemeanor (a crime). Even so, |
| work study program." This was amended in 2006 to | | | | Section 1091 was specifically written to include any |
| block eligibility for Federal financial aid only when the | | | | offense language (thanks to former President Clinton) |
| offense occurred during the period of time when the | | | | which does not necessarily imply a crime, and the |
| student was receiving aid. | | | | Unlawful Possession of Marijuana, PL 221.05 is |
| The controlling law is 20 U.S.C. section 1091 (r) (1) which | | | | considered such an offense, and Marijuana is a listed |
| suspends eligibility for any federal grant, federal loan, or | | | | controlled substance under 21 U.S.C. section 802 (6). |
| federal work study financial assistance for students | | | | So what remedies are available to convicted |
| convicted of any offense under State or Federal law | | | | students? |
| involving the possession or the sale of a controlled | | | | They can complete a drug rehabilitation program to |
| substance. | | | | regain eligibility. This program must comply with criteria |
| The suspension of eligibility for Federal financial aid | | | | set out by the Secretary of Education by (1) being |
| begins on the date of the conviction and ends as | | | | qualified to receive funds from Federal, state, or local |
| follows: | | | | government, or from a Federally or state licensed |
| - for Possession of a Controlled Substance 1st | | | | insurance company OR (2) be administered or |
| offense: 1 year | | | | recognized by a Federal, state, or local government |
| - for Possession of a Controlled Substance 2nd | | | | agency or Court, or a Federally or state licensed |
| offense: 2 years | | | | hospital, health clinic, medical doctor AND |
| - for Possession of a Controlled Substance 3rd | | | | (3) must include two unannounced drug tests. |
| offense: Indefinite | | | | Of course, the best solution is not to have a UPM |
| - for Sale of a C.S. !st Offense or 2nd Offense: 2 | | | | conviction in the first place by negotiating a dismissal of |
| years | | | | the charges or an ACD (adjournment in contemplation |
| - for Sale of a C.S. 3rd Offense: Indefinite | | | | of dismissal). A Unlawful Possession of Marijuana |
| The use of marijuana in Ithaca is ubiquitous. Pot is not | | | | (UPM offense), and the Criminal Possession of |
| considered or recognized by many people as a | | | | Marijuana (Class B misdemeanor) charges can usually |
| controlled substance or illegal drug. There are many | | | | be resolved with a non criminal deposition which will not |
| "head" shops in the downtown Ithaca Commons which | | | | affect your Federal financial aid. |