New State Law Set To Take Effect While ACLU Lobbies For Change

New State Law Set To Take Effect While ACLU Lobbies For Change

BY WENDELL HUTSON, Contributing Writer

The Illinois Cannabis Regulation & Tax Act of 2019 that Gov. J.B. Pritzker signed into law on June 25 takes effect on Jan. 1, 2020 and will allow individuals age 21-years-old and up to purchase and use marijuana for recreational purposes.

But Chicago Housing Authority residents, including those using a Housing Choice Voucher,(formerly known as Section 8) would still not be able to use marijuana on CHA property or at private residences rented with a voucher.

The restriction is due to the federal government labeling marijuana as a Schedule 1 drug, the same category as heroin.

“By prohibiting public housing residents from using a legalize drug, it discriminates against them and that’s why the ACLU is lobbying to get this federal law changed,” said Edwin Yohnka, director of public policy for the ACLU of Illinois. “We don’t think anyone should be prohibited from using a legal product in public housing.”

Since 2014, Illinois has allowed people with cannabis prescriptions to obtain a medical marijuana card. Moreover, Illinois will become the 11th state in January to legalize recreational marijuana use.

CHA residents said they are not surprised that marijuana use for recreational or medical purposes is still illegal if you live in public housing.

“If it’s not one thing it’s another. The government will always find a way to restrict the rights of poor people. I see this as pure discrimination based on our economic stance,” said Melinda Bell, 30, who lives at the Dearborn Homes, 2840 S. State St. with her sister and two daughters. “It’s just crazy how public housing residents have all these restrictions on them.”

The CHA receives federal money and therefore must abide by federal law to remain eligible for assistance, said Molly Sullivan, a spokeswoman for the housing agency.

“There are a lot of places in the city where people will be able to smoke marijuana so those people will have to find places,” she told the Citizen. “Using marijuana on CHA property, whether inside a unit or outdoors, would be a lease violation.”

According to Sullivan, there are 28,066 CHA residents, of which 13,800 are households and another 49,724 are Housing Choice Voucher recipients. A HCV allows a resident to rent an apartment, home or condo from a private landlord and have their rent subsidized by the government. So even though a resident may not be living on CHA property, they are still prohibited from using marijuana at their residence.

The CHA recently sent notices to voucher holders reminding them that marijuana use inside their homes is prohibited and could result in eviction.

“The CHA can terminate all assistance ... if you, a member of your household, or a guest or person under your control is found engaging in drug-related criminal activity, including the use and/or possession of marijuana for medical or recreational purposes,” the notice stated.

And notices will also be sent to individuals living at CHA properties “in the near future before the new law goes into effect,” Sullivan said.

Currently, CHA policy prohibits smoking any tobacco products, such as cigarettes, on the premises.

“There is no smoking on CHA property, period. That includes anything,” added Sullivan. “That has been in effect for a while and I think all our residents know that.”

Sullivan said the CHA wants to support its residents and is working with city agencies to figure out an alternative for residents who want to use marijuana for recreational or medical reasons.

In a statement, Mayor Lori Lightfoot said she is working to find a middle ground to accommodate public housing residents.

“The city of Chicago is committed to ensuring a safe, responsible implementation of legalized cannabis next year,” the mayor said. “We are coordinating efforts with all city departments and sister agencies, including the Chicago Housing Authority where federal law still prohibits the use or possession of medical or recreational marijuana on federally-subsidized properties.”

And while the Cook County State’s Attorney Office stopped prosecuting misdemeanor marijuana cases earlier this year, motorists impaired from using marijuana would still face prosecution.

“Driving under the influence remains a crime, whether it is alcohol, marijuana or any other substance that may cause impairment and will be handled as such by our office,” said Tandra Simonton, a spokeswoman for the state’s attorney office.

Efforts in Congress to make marijuana use in public housing legal have already begun.

U.S. Rep. Eleanor Holmes Norton, (D-D.C.), introduced the Marijuana in Federally Assisted Housing Parity Act of 2019 in April as a way to allow public housing residents to have the same rights as everyone else when it comes to marijuana use at home.

“Individuals living in federally funded housing should not fear eviction simply for treating their medical conditions or for seeking a substance legal in their state,” Norton said in a statement. “Increasingly, Americas are changing their views on marijuana, state by state, and it is time that Congress caught up with its own constituents.”

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