DHA BACKED BY FEDS ON ANTI-MARIJUANA POSITION

The Delta Housing Authority is being sued by a former tenant who was
evicted for using medical marijuana, reports DHA director Jo Rosenquist.

She adds that the DHA is protected against high costs of defending
against the suit by a liability insurance policy which carries a
$1,000 deductible.

So the local housing authority isn't fretting about doing what it
needs to do keeping living conditions in its units safe by keeping
illegal drugs out.

Marijuana, while considered legal in Colorado for bona fide medical
uses, nevertheless remains a controlled substance and illegal under
federal law. Since the DHA's low-cost income housing units are
provided with federal money subsidies, the federal law applies.

Rosenquist told a meeting of the Delta County Housing Task Force on
July 15, "Marijuana is an illegal controlled federal substance. The
Department of Housing and Urban Development (HUD) does not recognize
the state law," which allows medical marijuana.

"Federal law supersedes state law in federal housing units. We can't
have anyone in our units that is using marijuana for any reason,"
Rosenquist explained.

The DHA is now "screening" applicants for medical marijuana use. The
screening consists of simply asking an interview question, on the
record, about marijuana use. If it turns out later that the applicant
lied, that is further grounds for eviction.

Rosenquist said that her supervisors in HUD offices at Salt Lake City
and Denver are not backing down from their "no pot" stance.
"Marijuana, 'medical' or otherwise, is an illegal controlled substance
in the federal government's view, and HUD is not backing down from the
position that federal law supersedes state law on the issue," she said.

Rosenquist added she has been assured by HUD officials that federal
law gives the DHA, its employees, and directors "all the basis we
need" to prevail in the lawsuit that has been brought by the evicted
tenant.

The DHA's stand on medical marijuana use in its housing units is not a
DHA policy, but a HUD policy, Rosenquist said. Even if the DHA doesn't
care, "Our source of funding, HUD, does care," she said.

Rosenquist and federal officials are already seeing spin off effects
of Colorado's medical marijuana law. Rosenquist explained, "My HUD
supervisor has told me that people are now wanting to move to
Colorado, and bring their federal housing vouchers with them, because
Colorado has medical marijuana." She added that HUD's position is "not
to subsidize any drug habit."

Three months ago, the DHA became aware of marijuana use in one of its
units. Though the user claimed a Colorado medical marijuana
justification and had been a DHA tenant for years, he was evicted. The
former tenant's complaint has been filed with the Department of
Regulatory Affairs.