State-Legalized Marijuana and HUD Housing

Colorado and Washington states made history recently when they legalized the recreational use and possession of up to one ounce of marijuana by adults over the age of 21; however, this remains a crime under federal law.  There has also been much speculation about medical marijuana.  We have to handle all of these situations on our properties.

In an email dated December 18, 2012, we received the following clarification from Michael Sharkey at HUD Policy: “Our guidance on marijuana has not changed. Marijuana remains illegal at a federal level and, because of this; marijuana must not be used or grown at HUD subsidized properties.  This guidance must be followed for all states even for those where the possession or use of marijuana is permissible under state law. Terminating tenancy for marijuana possession and/or use must be handled in accordance with the owner’s policies and procedures at the property and must be applied consistently for all tenants.”