U.S. Department of Housing and Urban Development

PDFUSHD | TO: All Asset Management Division Directors All Multifamily Program Center Directors All Contract Administrators, All Multifamily Regional Center Directors All Multifamily Hub Directors FROM: Benjamin T. Metcalf, Deputy Assistant Secretary for Multifamily Housing Programs, HT | The Controlled Substances Act (CSA), 21 U.S.C. Section 801 et. seq., categorizes marijuana as a Schedule 1 substance and therefore the manufacture, distribution, or possession of marijuana is a federal criminal offense. Because the CSA prohibits all forms of marijuana use, the use of "medical marijuana" is illegal under federal law even if it is permitted under state law.

With regard to questions concerning the use of marijuana in Multifamily assisted properties in states that have decriminalized the use of marijuana, the controlling authority is Section 577 of the Quality Housing and Work Responsibility Act of 1998 (QHWRA), P.L. 105-276 (October 21, 1998), 42 U.S.C Section 13662. Owners of federally assisted housing are required by QHWRA to deny admission to any household with a member who the owner determines is, at the time of application for admission, illegally using a controlled substance as that term is defined by the CSA. In addition, Section 577 of QHWRA states in part |… (mehr)