{"id":51055,"date":"2021-11-09T08:28:56","date_gmt":"2021-11-09T16:28:56","guid":{"rendered":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2021\/11\/09\/biden-administration-will-keep-denying-public-housing-over-marijuana-despite-congresswomans-request\/"},"modified":"2021-11-09T13:45:40","modified_gmt":"2021-11-09T21:45:40","slug":"biden-administration-will-keep-denying-public-housing-over-marijuana-despite-congresswomans-request","status":"publish","type":"post","link":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2021\/11\/09\/biden-administration-will-keep-denying-public-housing-over-marijuana-despite-congresswomans-request\/","title":{"rendered":"Biden Administration Will Keep Denying Public Housing Over Marijuana Despite Congresswoman\u2019s Request"},"content":{"rendered":"

<\/p>\n

The U.S. Department of Housing and Urban Development (HUD) says it is required to continue denying federally assisted housing to people who use marijuana, even if they\u2019re acting in compliance with state law.<\/p>\n

Rep. Eleanor Holmes Norton (D-DC) sent a letter to HUD Sec. Marcia Fudge in May, imploring the department to use executive discretion and not punish people over cannabis in legal states.<\/p>\n

The department\u2019s response letter, which Norton released on Tuesday, says that, \u201cconsistent with federal law, HUD prohibits the admission of users of marijuana to HUD assisted housing, including those who use medical marijuana.\u201d<\/p>\n

\n

.@HUDgov<\/a> denied my request to allow marijuana use in federally assisted housing in jurisdictions where it is legal. <\/p>\n

I’m disappointed in their denial, though it shows why it’s so vital that Congress pass my bill permitting such use.<\/p>\n

Details: https:\/\/t.co\/OMQp2WiKbf<\/a><\/p>\n

\u2014 Eleanor #DCStatehood Holmes Norton (@EleanorNorton) November 9, 2021<\/a><\/p>\n<\/blockquote>\n

\n

It cited relevant statute and reiterated that the department must \u201cprohibit admission to HUD rental assistance programs based on the illegal use of controlled substances, including state legalized medical marijuana.\u201d<\/p>\n

Here\u2019s the statute<\/a> that HUD referred to:<\/strong><\/p>\n

\u201c(1) Notwithstanding any other provision of law, a public housing agency or an owner\u00a0of\u00a0federally assisted housing, as determined by the Secretary, shall establish standards that prohibit admission to the program or admission to\u00a0federally assisted housing\u00a0for any household with a member\u2014<\/p>\n

(A) <\/span>who the public housing agency or\u00a0owner determines is illegally using a controlled substance.\u201d<\/p>\n

\u201cAbsent a change in federal law, HUD does not have the discretion to admit users of marijuana, including medical marijuana, to the Public Housing program,\u201d the letter states.<\/p>\n

Norton said<\/a> in a press release that she\u2019s \u201cvery disappointed in HUD\u2019s decision to refuse to protect residents in federally assisted housings who use marijuana in compliance with their state and local laws.\u201d<\/p>\n

\u201cAmericans are continually evolving on the issue of marijuana use, with rapidly increasing in support,\u201d the congresswoman said. \u201cThis response shows even more why Congress should enact my bill that would permit marijuana use in federally assisted housing in compliance with state law.\u201d<\/p>\n

The department also referenced a 2014 memo<\/a> that it issued on the subject that similarly defers to statute, but advocates say it\u2019s disappointing to see HUD continue to rely on seven-year-old guidance, as numerous states have moved to legalize cannabis for medical or adult use in the years since.<\/p>\n

\u201cIt is a travesty that the Biden administration would prioritize process over people when it comes to a fundamental need such as housing for those who consume cannabis,\u201d Justin Strekal, political director of NORML, told Marijuana Moment. \u201cWith millions and millions of registered medical marijuana patients around the country, disproportionally among them veterans, action must be taken to respect the dignity of our fellow citizens.\u201d<\/p>\n

HUD did suggest, however, that property managers have some discretion when it comes to people who have already been admitted to federally assisted housing and who are later found to use cannabis.<\/p>\n

While they must set policies \u201callowing\u201d for the termination of housing for people who are found to be using controlled substances, the law<\/a> \u201cprovides discretion to [public housing authorities] and owners to determine, on a case-by-case basis, when it is appropriate to terminate the tenancy of the household.\u201d<\/p>\n

That\u2019s not the type of explicit protection that Norton and others are seeking, however. HUD\u2019s response may spur lawmakers to take up the congresswoman\u2019s standalone bill<\/a> on the issue, which was filed in May this session.<\/p>\n

The legislation stipulates that \u201can individual may not be denied occupancy of federally assisted housing on the basis of using marijuana in compliance with state law, and the Department of Housing and Urban Development may not prohibit or discourage the use of marijuana in federally assisted housing if such use is in compliance with state law.\u201d<\/p>\n

\u2014
\nMarijuana Moment is already tracking more than 1,200 cannabis, psychedelics and drug policy bills<\/a> in state legislatures and Congress this year. Patreon supporters<\/a> pledging at least $25\/month get access to our interactive maps, charts and hearing calendar so they don\u2019t miss any developments.<\/strong>
\n\"\"<\/a>
\nLearn more about our marijuana bill tracker<\/a> and become a supporter on Patreon<\/a> to get access.
\n\u2014<\/strong><\/strong><\/p>\n

Earlier this year, Norton attempted to get the reform enacted as amendments to large-scale spending legislation<\/a>, but they did not make it into the final bill.<\/p>\n

The congresswoman filed earlier versions of<\/a>\u00a0the Marijuana in Federally Assisted Housing Parity Act<\/a>\u00a0in 2018 and 2019, but they did not receive hearings or votes.<\/p>\n

On a related note, Sen. Jeff Merkley (D-OR) filed a bill in July that\u2019s meant to promote affordable housing in the U.S.<\/a> and also includes a provision preventing landlords from evicting people over manufacturing marijuana extracts if they have a license to do so.<\/p>\n

Read HUD\u2019s response letter<\/a> on marijuana use and public housing below:\u00a0<\/strong><\/p>\n

\n

Click to access hud-response-letter-to-rep-eleanor-holmes-norton.pdf<\/a><\/p>\n

\n

Top Mexican Senator Says There\u2019s Agreement To Prioritize Marijuana Legalization Legislation This Session<\/a><\/p>\n<\/blockquote>\n

\n

Photo courtesy of Mike Latimer.<\/em><\/p>\n

The post Biden Administration Will Keep Denying Public Housing Over Marijuana Despite Congresswoman\u2019s Request<\/a> appeared first on Marijuana Moment<\/a>.<\/p>\n


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\nRead More: Biden Administration Will Keep Denying Public Housing Over Marijuana Despite Congresswoman\u2019s Request<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

The U.S. Department of Housing and Urban Development (HUD) says it is required to continue denying federally assisted housing to people who use marijuana, even if they\u2019re acting in compliance with state law. Rep. Eleanor Holmes Norton (D-DC) sent a letter to HUD Sec. Marcia Fudge in May, imploring theContinue Reading<\/a><\/span><\/p>\n","protected":false},"author":458,"featured_media":51056,"comment_status":"false","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[18,81],"tags":[],"_links":{"self":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/51055"}],"collection":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/users\/458"}],"replies":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/comments?post=51055"}],"version-history":[{"count":1,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/51055\/revisions"}],"predecessor-version":[{"id":51057,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/51055\/revisions\/51057"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media\/51056"}],"wp:attachment":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media?parent=51055"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/categories?post=51055"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/tags?post=51055"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}