Pubdate: Sat, 20 Oct 2012
Source: Journal Tribune (ME)
Copyright: 2012 Journal Tribune
Contact:  http://www.journaltribune.com/
Details: http://www.mapinc.org/media/1074

MAINEHOUSING SHOULD NOT BAN MEDICAL MARIJUANA

The Maine State Housing Authority has agreed to let tenants in
subsidized housing continue using and growing medical marijuana at
home for another six months - and hopefully, permanently.

The agency announced earlier this month that it would no longer allow
people who use rental assistance to possess, use or cultivate medical
marijuana in apartments where rent and utilities are federally
subsidized under the program known as Section 8, according to a
prepared statement from the authority, dated Oct. 3.

The statement went on to say, "MaineHousing recently became aware of a
few Section 8 voucher holders who use, possess or cultivate medical
marijuana in their Section 8 units. These tenants have been notified
about the new policy and given the opportunity to comply with it. ...
Federal law prohibits illegal controlled substances such as marijuana
in Section 8-subsidized housing units. In regards to medical marijuana
use, the U.S. Department of Housing and Urban Development, which
oversees the federal HCV program, does not allow public housing
authorities such as MaineHousing to admit a medical marijuana user
into the program.

"The federal agency does allow public housing authorities in states
with medical marijuana laws to set their own policy to address current
Section 8 voucher holders who are certified to use medical marijuana."

Following the announcement, the American Civil Liberties Union of
Maine and state Rep. Deborah Sanderson asked the Maine Housing board
to reverse its decision to ask them to patients to stop legally using
medical marijuana or risk eviction.

Alysia Melnick, an attorney for the ACLU of Maine, argued that the
change is discrimination and pointed out that although possession and
use of marijuana is illegal under federal law, the U.S. government has
indicated it will not prosecute medical marijuana patients who are in
compliance with state drug laws.

She said despite receiving loan assistance from the federal
government, MaineHousing may legally allow existing patients to stay
in their homes.

Melnick is right. Just because the board is concerned does not mean
they should start evicting tenants or revoking their vouchers. Maine
voters approved the use of medical marijuana in this state, and, by
its own admission, MaineHousing stated it could set its own policies
regarding the issue.

People now have the right to access marijuana if their doctor deems
its use appropriate. And it shouldn't matter if those people live in
apartments, condos, homes or any form of subsidized housing. Many
people have prescriptions for drugs that are often abused - like
oxycodone, vicodin and other painkillers. MaineHousing is not
proposing to kick those people out of their homes, despite the fact
that Maine has one of the highest prescriptions drug abuse rates in
the country. Not to mention that legal prescription drug users have
been targeted in home invasions so criminals may obtain their
prescriptions.

The MaineHousing board also said they considered the "additional,
non-housing-related responsibilities" that could be placed on their
employees who become aware of a Section 8 voucher holder using
marijuana. This should not be an issue, however - it sounds much more
like an excuse.

People who are entitled to use or grow medical marijuana should have
proper documentation from the state to do so. If a MaineHousing
employee - or anyone for that matter - believes someone is illegally
using marijuana, local authorities should be contacted to look into
complaints, and either verify a person's eligibility as a medical
marijuana user or bring charges to those using the substance illegally.

The MaineHousing board voted to place a 180-day moratorium on its new
policy banning medical marijuana use, but we hope when the time comes,
they will reconsider and allow medical marijuana users equal access to
subsidized housing.
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MAP posted-by: Matt