State judges now have the option to withhold drug offenders' federal benefits such as student loans and research grants.
"We're all responding to a national problem, which is drugs," Centre County District Attorney Ray Gricar said last week. "I think it's a good idea; it's appropriate."
The law is part of the Anti-Drug Abuse Act passed by Congress in September 1989, Gricar said. He said he did not learn of the law until last October.
Student Attorney Robert Godlove said the law "could have a significant impact on students who are denied federal money."
Godlove said he could not estimate how many students are brought up on drug charges.
Donald Suit, director of the Office of Conduct Standards, said he hopes students arrested on campus for drug offenses will continue to be disciplined through OCS. Disciplinary actions taken by that office will not affect a student's financial aid, Suit said.
Some off-campus arrests are referred to OCS if the charge is major, he added.
Centre County President Judge Charles Brown said he agrees with the law, but added, "There's going to have to be many ways to get a handle on this (drug problem)."
Brown said he does not believe the law will have a major deterring effect.
"I think for the most part, people will not be thinking about this when they use drugs," he said.
"I want people to know . . . there is another penalty for the offense," Gricar said.
According to section 5301 of the act, a federal benefit is the "issuance of any grant, contract, loan, professional license, or commercial license provided by any agency of the United States or by appropriated funds of the United States."
Benefits do not include driver's licenses, doctor's licenses or any other licenses distributed by states, Gricar said.
People convicted for drug possession can be deprived of their federal benefits for one year for the first offense and five years for subsequent offenses.
The law allows judges to withhold federal benefits from people convicted of drug trafficking for five years for the first offense, 10 years for the second offense and permanently for subsequent offenses.
Even if the offender is not receiving federal benefits at the time of sentencing, the judge has the option to withhold benefits during that time.
There are exceptions to the law, Gricar said. The act states that retirement benefits, welfare, social security, health benefits, disability benefits and public housing cannot be withheld. Also, a person already participating in a federal drug treatment program would be allowed to continue, he said.
Brown said judges will decide whether or not to withhold benefits on a case-by-case basis.
"I think it's an intelligent response (to the drug problem)," Gricar said.
"I applaud the effort but I don't think it will have a big impact," Brown said.



