Applicants
A memorandum dated February 10, 2011 from Sandra B. Henriquez, Assistant Secretary for Public and Indian Housing states:
"Based on federal law, new admissions of medical marijuana users are prohibited in the Public Housing (PH) and Housing Choice Voucher programs. (HCV) The Controlled Substance Act (CSA) lists marijuana as a schedule 1 drug, a substance with a very high potential for abuse and no accepted medical use in the United States. The Quality Housing and Work Responsibility Act (QHWRA) of 1998 (42 U.S.C. 13661) requires that public housing authorities establish standards and lease provisions that prohibit admission into PH and HCV programs based on the illegal use of controlled substances, including State laws that legalize medical marijuana and directly conflict with the admission requirements set forth in QHWRA and are thus subject to federal preemption."
The Food and Drug Administration (FDA) has approved drugs for medical uses which are comprised of marijuana synthetics, such as Marinol and Cesamet. These drugs are not medical marijuana and are legal under federal laws. These products have been determined to be safe and effective for their indications. Therefore, use of these approved drugs by applicants would not preclude them from participation in public housing programs.
Niceville Housing Authority prohibits the use of marijuana or any other Schedule 1 drug in or on any Niceville Housing Authority property including individual apartment units.