Colorado Medical Marijuana: HUD Says MMJ Policies Up To Local Housing Authorities

A Colorado-based non-profit has received a statement from the U.S. Department of Housing and Urban Development (HUD) making it clear that local housing authorities themselves are responsible for determining policies regarding medical marijuana use by recipients of federal housing assistance.

The Medical Marijuana Assistance Program of America (MMAPR) said in a Thursday release that, after writing a letter to HUD requesting the Department change rules that have resulted in medical marijuana patients being evicted, the organization received a letter (embedded below) claiming that responsibility for policies regarding medical marijuana lie with local public housing authorities (PHA's).

"PHAs have discretion to determine, on a case by case basis, the appropriateness of program termination for the use of medical marijuana," Milan M. Ozdinec, the deputy assistant secretary for Public Housing and Voucher Program, said in the letter.

In a January, 2011 memorandum, HUD asserted that housing authorities were, in fact, restricted from knowingly granting accommodations to tenants to grow, use, or distribute marijuana, even when those activities are allowed by state law. The memorandum, however, also stated that PHA's have "statutorily-issued discretion" with respect to evicting or refraining from evicting current residents on account of their use of medical marijuana."

MMAPR believes that HUD's policy may provide legal recourse for medical marijuana patients who have seen their programs terminated in cases where no written rules regarding marijuana use were in place.

"U.S. housing officials have passed the buck to the individual housing authorities without creating uniform standards. Uncertainty for low-income and disabled medical marijuana patients will only continue," Palazzotto continued.

Colorado is one of several states that has legalized the medicinal use of marijuana, although use of the plant is still illegal under federal law. Medical Marijuana advocates have reacted with outrage to several cases around the country in which patients have been evicted, or otherwise treated differently, from federally-assisted housing for marijuana use.

READ THE LETTER FROM HOUSING OFFICIAL MILAN M. OZDINEC:

Untitled+Document

Comments

[Littlewords]

02:50 PM on 03/22/2011

Our President has stated that medicinal use and dispensing of marijuana would not face Federal intervention or pursuit when use is within compliance of state rules. So why not have HUD simply state this as their policy?

What is so hard about that...oh yah, because the POTUS is only applying lip service just as he let Holder come off leash to threaten California if it had passed the full legalization law on the midterm proposition ballots.

[Acebass]

02:47 PM on 03/19/2011

So now the government rather than a licensed medical doctor can make determinations regarding our health? What about other prescribed medications? What does the housing authority do about them?

[MMAPA]

03:32 PM on 03/20/2011

Unfortunately, the U. S. Department of Housing and Urban Development's (HUD) stance is to deny all medical marijuana (MMJ) patients applications for housing assistance. This is very similarly related to the discrimination we've seen applied to MMJ patients who require transplants to save their lives. We see more and more cases where the health insurance industry is denying applications submitted from known MMJ patients. Every other industry is able to mitigate risk and apply premiums accordingly, but to flat out deny a citizen the ability to live life, it's unacceptable from a human rights perspective.

VP

[MMAPA]

01:26 PM on 03/17/2011

Although HUD's recent response is an important first step, more needs to be done to ensure medical marijuana (MMJ) patients applying for federally subsidized housing are not discriminated against for their choice in medicine. Similar to MMJ patients who are denied life-saving organ donations, our lawmakers must do more to protect patients who choose marijuana for relief.

The Medical Marijuana Assistance Program of America (MMAPA) works to ensure alternative treatment is made accessible and affordable to indigent patients in need. For more information, please visit us at www.MMAPA.us.

Need assistance or have questions? Email us at [e-mail]

[TheRoosterman]

10:38 PM on 03/16/2011

Legalize it, tax it, regulate it and revive the health and economy of our country doing it.

think for a moment
http://www.youtube.com/watch?v=GINO3cvIjAs

[SmotPoker]

10:24 PM on 03/16/2011

It's medicine, you don't throw people out for taking their pills. Stop the insanity based on misinformation and fear mongering by people whom know better.