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.