Last week, the Department of Education decided to begin enforcing a law that denies financial aid to students who do not respond to a question on their aid application forms asking whether they have "ever been convicted of possession or selling illegal drugs."
The problem is not that President George W. Bush's administration has mistakenly decided to enforce this law, which was approved by Congress; the problem is with the law itself.
If the goal of America's drug policy is to deter the use of illegal drugs and rehabilitate drug users, the law is an ineffective means to that end.
First, the law disproportionately hurts those without financial resources. In the cases of many high school students, college is an impossibility without financial aid. Thus, the situation leaves the disturbing question--should only the poor be additionally punished for drug use?
Secondly, if the law seeks to deter drug use, it is an ineffective means to that end, since most students probably do not learn of the restriction until they apply for aid. In addition, it is unnerving that the policy punishes those with a history of drug use but does not address those with a history of physical violence or sexual crime.
The use of drugs by a 16- or 17-year-old should not affect his ability to attend college. This law encourages punishment, not rehabilitation, and Congress and the president must amend their thinking on the issue.
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