[Code of Federal Regulations]
[Title 34, Volume 3]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR668.40]

[Page 460-461]
 
                           TITLE 34--EDUCATION
 
                         DEPARTMENT OF EDUCATION
 
PART 668--STUDENT ASSISTANCE GENERAL PROVISIONS--Table of Contents
 
   Subpart D--Institutional and Financial Assistance Information for 
                                Students
 
Sec. 668.40  Conviction for possession or sale of illegal drugs.

    Source: 51 FR 43323, Dec. 1, 1986, unless otherwise noted.


    (a)(1) A student is ineligible to receive title IV, HEA program 
funds if the student has been convicted of an offense involving the 
possession or sale of illegal drugs for the period described in 
paragraph (b) of this section. However, the student may regain 
eligibility before that period expires under the conditions described in 
paragraph (c) of this section.
    (2) For purposes of this section, a conviction means only a 
conviction that is on a student's record. A conviction that was 
reversed, set aside, or removed from the student's record is not 
relevant for purposes of this section, nor is a determination or 
adjudication arising out of a juvenile proceeding.
    (3) For purposes of this section, an illegal drug is a controlled 
substance as defined by section 102(6) of the Controlled Substances Act 
(21 U.S.C. 801(6)), and does not include alcohol or tobacco.
    (b)(1) Possession. Except as provided in paragraph (c) of this 
section, if a student has been convicted--
    (i) Only one time for possession of illegal drugs, the student is 
ineligible to receive title IV, HEA program funds for one year after the 
date of conviction;
    (ii) Two times for possession of illegal drugs, the student is 
ineligible to receive title IV, HEA program funds for two years after 
the date of the second conviction; or
    (iii) Three or more times for possession of illegal drugs, the 
student is ineligible to receive title IV, HEA program funds for an 
indefinite period after the date of the third conviction.
    (2) Sale. Except as provided in paragraph (c) of this section, if a 
student has been convicted--
    (i) Only one time for sale of illegal drugs, the student is 
ineligible to receive title IV, HEA program funds for two years after 
the date of conviction; or
    (ii) Two or more times for sale of illegal drugs, the student is 
ineligible to receive Title IV, HEA program funds for an indefinite 
period after the date of the second conviction.
    (c) If a student successfully completes a drug rehabilitation 
program described in paragraph (d) of this section after the student's 
most recent drug conviction, the student regains eligibility on the date 
the student successfully completes the program.
    (d) A drug rehabilitation program referred to in paragraph (c) of 
this section is one which--
    (1) Includes at least two unannounced drug tests; and
    (2)(i) Has received or is qualified to receive funds directly or 
indirectly under a Federal, State, or local government program;
    (ii) Is administered or recognized by a Federal, State, or local 
government agency or court;
    (iii) Has received or is qualified to receive payment directly or 
indirectly from a Federally- or State-licensed insurance company; or

[[Page 461]]

    (iv) Is administered or recognized by a Federally- or State-licensed 
hospital, health clinic or medical doctor.

(Authority: 20 U.S.C. 1091(r))

[64 FR 57358, Oct. 22, 1999]