Pubdate: Thu, 13 Jan 2011
Source: Chico Enterprise-Record (CA)
Copyright: 2011 Chico Enterprise-Record
Contact:  http://www.chicoer.com/
Details: http://www.mapinc.org/media/861
Note: Letters from newspaper's circulation area receive publishing priority
Author: Greg Welter
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

FEDERAL HOUSING SUBSIDIES FORCE CHOICE BETWEEN MEDICAL POT AND A PLACE TO LIVE

CHICO - It's becoming a harsh reality for more and more people 
legally using marijuana to treat illness: If you depend on a federal 
program for housing assistance, you must give up your pot or lose your subsidy.

Cases in which seriously ill men in New Mexico and Colorado were 
recently given that ultimatum made headlines, but the incidents could 
just as easily have taken place in Butte County.

Here, as elsewhere in the country, federal law trumps state 
regulations, and possessing marijuana in housing subsidized by 
federal programs is against the law, even with a Proposition 215 certificate.

The Butte County Housing Authority, which administers subsidized 
Section 8 housing for about 1,850 local residents, said it recognizes 
that medical marijuana is legal in California "But the federal 
government has a zero-tolerance drug policy local agencies are 
expected to uphold," said Executive Director Ed Mayer.

"We walk a fine line between compassionately serving the needs of our 
clients and meeting the requirements of the program," Mayer said.

As turned out to be the case in New Mexico, local agencies had some 
leeway, and backed off on threats to evict the man.

"In reality, if a resident is in possession of a medical marijuana 
certificate, we simply require them to get rid of their pot or plants 
within 24 hours," Mayer said.

He explained violators are also given the option to vacate the 
residence, or remain and give up their housing subsidy.

In about 10 cases seen in Butte County last year, Mayer said 
residents chose to keep their housing subsidy over keeping their pot, 
which in some instances involved fairly large indoor grows.

"In most cases we just slap their hands and tell them not to do it 
again," he said. "They usually wise up."

Mayer said pot was found growing in privately operated apartments 
which are made available to Section 8 clients, but not in communities 
operated by the housing authority.

If Section 8 recipients without a certificate are found in possession 
of marijuana, Mayer said his agency is obligated to call law enforcement.

Using drugs elsewhere isn't always an answer for those receiving 
federal housing help if it's a violation of a serious law, Mayer noted.

"We make it clear when people apply for the assistance that the 
subsidy can be terminated if they become involved in any violent or 
drug-related activity off premises," Mayer said.

He noted that applicants who must register as sex offenders are 
rejected automatically.

Although the agency does an annual inspection of subsidized units, 
Mayer said most violations involving drugs and other activities are 
discovered through reports from neighbors. He said there is no 
organized attempt to cross-reference subsidy recipients with people 
who apply for medical marijuana cards, but noted the federal 
government is building a database that will track information like 
criminal histories.

The average federal housing subsidy in Butte County is about $450 per 
month. The benefit amount is based on a formula in which recipients 
put a third of their income toward rent. The balance is covered by the subsidy.

"We haven't received any direct guidance from the fed recently on the 
medical pot issue," Mayer said, noting the zero tolerance policy is a 
hangover from the Reagan administration.

"When you look at this from the state side, it's an outrage," Mayer 
said. "From the federal side, it's the law."

"It will be interesting to see how it all shakes out," Mayer said.
- ---
MAP posted-by: Jay Bergstrom