Under federal law, a marijuana conviction would automatically bar a student from receiving federal student loans, grants and work assistance. President Barack Obama, along with numerous United States presidents, has admitted using marijuana for recreational purposes. He has also stated that he took advantage of student loans to fund his education which was crucial to his ascension to the presidency. As a younger individual, the president was fortunate enough not to be caught with the substance. However, like millions of Americans, if the president was caught and convicted for possession of a drug classified as a controlled substance, under current law he would have likely lost his eligibility to receive student loans. Such a loss may have stifled his opportunity to receive a Harvard education and would have been detrimental to becoming a United States President. One cannot help but wonder how many Americans, who did not have the good fortune to elude prosecution and conviction, have been deprived of their opportunity to receive a highly beneficial education.
An exceptional opportunity has presented itself to correct this flawed policy of punishing individuals for the use of a substance that is less destructive than alcohol or tobacco. With 18 states and the District of Colombia having legalized marijuana for medicinal purposes, 14 states having decriminalized non-medical marijuana in small amounts, and two states having legalized recreational marijuana, the momentum to stimulate substantial drug law reform is nearly unstoppable. Support for change in marijuana policy has also arisen from the medical community as highlighted by the American Medical Association which has called for rescheduling marijuana as a non-Schedule I drug. Further strengthening the push to rethink marijuana use illegality is public opinion in favor of legalization, which according to a Rasmussen Poll has reached 56% in favor of regulation of the substance. Prominent members of the legal community, such as the prolific Judge Richard Posner, have also voiced their support for legalization of the substance. Acclaimed civil rights organizations such as the NAACP and the ACLU have advocated for marijuana decriminalization to help combat racially disproportionate punishment for illegal drug possession. Social and political conservatism has had a modest but noticeable history of supporting marijuana reform as shown by thinkers like William F. Buckley and Barry Goldwater. On almost a regular basis, more contemporary social and political conservatives are coming out in favor of marijuana legalization, such as Pat Robertson and Tom Tancredo.
Recently, Barbara Walters asked the president whether he thinks marijuana should be legalized. His response was that, though he would not go as far as to favor legalization, he does recognize that the voters in Washington and Colorado have spoken on this issue. Moreover, the president noted how nonsensical it would be for the federal government to prosecute individuals in states where the substance is legal. By implying a federal allowance, or at least tolerance, for states that have legalized marijuana, the president has sparked hope in the minds of many proponents of drug law reform that desire a true change in federal policy. Perhaps as a result of reformed federal drug policy, students who have been caught with the substance, which the president once used, will be not be deprived of their opportunity to attain the academic and professional highs that come with an education.
Disclaimer: The information contain on this site and in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from The Gilbert G. Garcia Law Firm or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction. Any and all communications as a results of this Post and/or this Site, is not secure nor confidential. Further, the mere initiation of any contact with The Gilbert G. Garcia Law Firm, staff, lawyer or a message on this post/site does not create an attorney–client relationship.
Gilbert Garcia has been Passionately Pursuing Justice for over 30 years and founded The Gilbert G. Garcia Law Firm in 2008. The Gilbert G. Garcia Law Firm is a boutique law firm, specializing in Criminal Defense. Gilbert represents adults and juveniles accused of a crime and who have with a felony, misdemeanor or record cleaning case. Conveniently located on the courthouse square to serve Montgomery and Walker Counties. Gilbert became Board Certified in Criminal Law by the Texas Board of Legal Specialization in 1989. The Gilbert G. Garcia Law Firm is located at 220 N. Thompson St., Suite 202, Conroe, TX 77301. www.ggglawfirm.com.
Drug Related Charges may include: Possession of Marijuana, Possession of Controlled Substance, Possession of Dangerous Drug, Manufacturing a Dangerous Drug/Controlled Substance, Delivery or Intent to Deliver Marijuana/Dangerous Drug/Controlled Substance, Possession of Drug Paraphernalia and many other drug related charges.