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| (image courtesy www.thejointblog.com) |
CORNELL AND ITHACA COLLEGE STUDENTS: DID YOU KNOW THAT A CONVICTION FOR "UPM" can result in possible loss of your FEDERAL STUDENT LOANS???
Well, I imagine that I got your attention...
College students love weed. I went to Ithaca College and I know first
hand about how prevalent marijuana use is on and off campus --as I imagine it
is on every college campus in the USA. I
also have defended plenty of students charged with various “weed-related”
crimes. Although some states have legalized marijuana (i.e. Colorado), New York
is not one of them. New York has
de-criminalized possessing a small amount of marijuana (less than 25 grams or
7/8 of an ounce), but it is still illegal and subject to a $100 fine.
Unlawful Possession
of Marijuana
(Penal Law, s. 221.05)
[violation not a crime]
A person
is guilty of unlawful possession of marijuana when he knowingly and unlawfully
possesses marijuana [less than 25 grams].
Penalties:
- Up to 15 days in jail (for third
or more offense ONLY)
- $0-$100 fine (first
offense); $0-$200 (second offense
in 3 yrs);
$0-$250 (third
offense in 3 yrs)
- Court surcharges $120 city court
or $125 town court
- 1 year Conditional Discharge (on
3rd offense only--no new arrests)
If New York has "de-criminalized" having a small amount of weed, then what's the big deal?
THE FEDERAL GOVERNMENT HASN'T.
Under Federal Law, Marijuana is considered an illegal CONTROLLED SUBSTANCE, and pleading guilty to the lowest marijuana possession charge in New York (i.e. UPM) will have to be disclosed on a FAFSA application for Federal Student Loans. It may cause loans to be denied for students with possession convictions (even at the NY violation level) or cause federal student aid to be significantly reduced.
Here's the text from the FAFSA.gov website: (if you are eligible for federal student aid...)
- Not have a conviction for the possession or sale of illegal drugs for an offense that occurred while you were receiving federal student aid (such as grants, work-study, or loans). If you have such a conviction, you must complete the Student Aid Eligibility Worksheet to determine if you are eligible for aid or partially eligible for aid.
Bottom line:
A "UPM" charge is serious if you are dependent on Federal Student Aid (or may be in the future, i.e. graduate school). It is in your best interests to find a local attorney [whether it be me or somebody else] who knows the challenges you're facing both in a criminal sense --and an educational sense.
The most important thing is to protect your future.
BY: Attorney Mike Cyr
P: 607-229-5184
E: mike.ithacadwi@gmail.com
www.ithacadwi.com
www.facebook.com/ithacadwi
Twitter: @ithacadwi
