---
kind: "section"
citation: "45 C.F.R. § 2525.30"
title: "45"
number: "2525.30"
heading: "How do convictions for the possession or sale of controlled substances affect an Eligible Individual's ability to use their award?"
url: "https://uscodex.org/cfr/45/2525.30"
---

# §2525.30. How do convictions for the possession or sale of controlled substances affect an Eligible Individual's ability to use their award?

- (a) Except as provided in [paragraph (b)](#b) of this section, an Eligible Individual who is convicted under Federal or State law of the possession or sale of a controlled substance is not eligible to use his or her education award from the date of the conviction until the end of a specified time period, which is determined based on the type of conviction as follows:
  - (1) For conviction of the possession of a controlled substance, the individual is ineligible from the date of conviction for—
    - (i) One year for a first conviction;
    - (ii) Two years for a second conviction; and
    - (iii) For a third or subsequent conviction, indefinitely, as determined by AmeriCorps according to the following factors:
      - (A) Type and amount of controlled substance;
      - (B) Whether firearms or other dangerous weapons were involved in the offense;
      - (C) Employment history;
      - (D) Service to the community;
      - (E) Recommendations from community members and local officials, including experts in substance abuse and treatment; and
      - (F) **Any other relevant aggravating or ameliorating circumstances.**
  - (2) For conviction of the sale of a controlled substance, the individual is ineligible from the date of conviction for—
    - (i) Two years for a first conviction; and
    - (ii) Two years plus any additional time AmeriCorps determines is appropriate for second and subsequent convictions, based on the factors set forth in [paragraphs (a)(1)(iii)(A) through (F)](#a-1-iii-A..a-1-iii-F) of this section.
- (b) AmeriCorps will restore the Eligible Individual's access to use the education award if AmeriCorps determines that the individual has successfully completed a legitimate drug rehabilitation program, or in the case of a first conviction that the individual has enrolled in a legitimate drug rehabilitation program and:
  - (1) The drug rehabilitation program is recognized as legitimate by appropriate Federal, State, or local authorities; and
  - (2) The Eligible Individual's enrollment in or successful completion of the legitimate drug rehabilitation program has been certified by an appropriate official of that program.

## Notes

### Authority

Authority: 42 U.S.C. 12601-12606

### Source

Source: 88 FR 44727, July 13, 2023, unless otherwise noted.