HUD Housing and Cannabis Use

This article is general information, not legal advice. Laws change; check current rules with official sources or a lawyer.

The core legal framework

Cannabis is a Schedule I controlled substance under federal law Strong evidence^[1]. HUD-assisted housing is governed by federal statute, not state law, so the Schedule I status applies regardless of state legalization.

Two federal statutes establish the rules:

42 U.S.C. § 13661 requires public housing authorities (PHAs) and owners to establish standards that prohibit admission of any household member whom the PHA determines is currently using a controlled substance illegally Strong evidence^[2].

42 U.S.C. § 13662 permits (but does not require) PHAs and owners to terminate tenancy for drug-related criminal activity Strong evidence.

This creates an asymmetry: admission denial is mandatory; eviction is discretionary.

HUD's official guidance on cannabis and medical marijuana

In February 2011, HUD General Counsel Helen Kanovsky issued a memorandum clarifying how these statutes apply to medical marijuana. The memo concluded:

• PHAs and owners must deny admission to applicants currently using marijuana, including those with valid state medical marijuana cards Strong evidence.
• PHAs and owners have discretion to evict existing tenants for marijuana use; they are not required to evict Strong evidence.
• PHAs must establish written policies defining drug-related grounds for termination Strong evidence.

In December 2014, HUD's Office of Public and Indian Housing reaffirmed this framework in Notice PIH 2014-31, noting that PHAs should consider context—such as whether use occurs on premises or poses a threat to other residents—when deciding whether to exercise their discretion to evict Strong evidence^[3].

Neither memo has been rescinded as of October 2026.

What this means for applicants and tenants

For applicants: Current cannabis use—recreational or medical—is grounds for mandatory denial of housing. PHAs determine "current use" based on reasonable evidence, which may include applicant statements, drug testing, criminal history, and observed consumption Strong evidence^[2]. Past use that has ceased is generally not automatic grounds for denial, though PHAs may inquire about it.

For existing tenants: Your PHA or landlord can evict you for cannabis use under the federal statute, but is not required to. Many PHAs have written policies; enforcement varies widely based on local practice and policy. The federal framework does not mandate inspection frequency or require action without specific evidence of use.

Public housing smoke-free rule: In 2016, HUD finalized a nationwide rule prohibiting smoking (including cannabis smoking) inside all public housing units and common areas, effective in 2018 Strong evidence^[4]. This applies to all residents. Violation of the smoke-free rule may be grounds for lease enforcement action by the PHA, subject to applicable lease terms and procedures.

Section 8 Housing Choice Vouchers: The same federal admission and eviction rules apply to voucher programs. Enforcement involves both the PHA and the private landlord. Your private landlord may have separate cannabis policies under state or local law; however, the PHA retains independent authority under federal law to terminate your voucher participation for current drug use under 42 U.S.C. § 13661.

Edibles and non-smoked forms: The federal prohibition targets use of a controlled substance, not inhalation specifically. Edibles and other consumption methods fall within the scope of prohibited use, though they do not trigger the public housing smoke-free rule.

Medical cannabis, disability accommodations, and fair housing

A valid state medical marijuana card provides no protection in HUD-assisted housing. The 2011 HUD memo explicitly examined whether the Americans with Disabilities Act (ADA) or the Fair Housing Act (FHA) require reasonable accommodation for medical cannabis use in federally funded housing and concluded they do not, because cannabis remains a federally prohibited substance Strong evidence.

In Assenberg v. Anacortes Housing Authority (W.D. Wash. 2006), a federal district court ruled on a similar question in a case where an applicant sought reasonable accommodation for medical marijuana use at a federally funded housing authority. The court found that federal drug law and HUD policy preclude such accommodation Strong evidence^[5].

Some state and local housing programs that do not receive federal funding have adopted more permissive medical cannabis policies, but these do not apply to HUD-assisted housing.

Legislative proposals and pending federal changes

Several legislative proposals have attempted to change HUD policy regarding cannabis; none have been enacted as of October 2026.

Marijuana in Federally Assisted Housing Parity Act: Rep. Eleanor Holmes Norton has introduced versions of this bill across multiple Congresses. The bill would allow medical cannabis use, and in some versions state-legal recreational use, in HUD housing. The bill has not advanced to passage as of October 2026 Strong evidence^[6].

Cannabis rescheduling: In May 2024, the Drug Enforcement Administration issued a notice of proposed rulemaking to reschedule cannabis from Schedule I to Schedule III, based on a 2023 Health and Human Services recommendation Strong evidence. Rescheduling from Schedule I to Schedule III would not automatically change HUD admission and eviction rules, because Schedule III substances remain federally controlled and subject to federal law. If rescheduling is finalized, litigation and potential new HUD guidance may follow, but the current statutory framework would not automatically change. As of October 2026, the rescheduling process remains pending Strong evidence.

Rights and practical steps for residents and applicants

• Read your lease and your PHA's drug policy. Policies vary in detail and enforcement approach. Some explicitly name cannabis; others refer to "controlled substances" generally. Request a copy in writing if you do not have one.

• Understand your due-process rights. If you face eviction or admission denial, you have the right to written notice and a grievance hearing opportunity. Timelines and procedures vary by program and PHA; consult your lease and local housing authority rules.

• Do not smoke cannabis indoors in any HUD-assisted housing. The public housing smoke-free rule is separately enforced, and violation alone may trigger lease enforcement action.

• If you are currently using cannabis and applying for HUD housing, cessation before application is the most straightforward approach to avoid mandatory denial.

• If you face eviction or admission denial, consult a local tenants' rights attorney, legal aid organization, or housing advocacy group immediately. Outcomes depend on specific facts, applicable PHA policies, and local law.

This article is informational only and is not legal advice. Housing law is fact-specific; PHA policies vary. If you face a real housing decision involving cannabis use, consult a lawyer, your local legal aid office, or a tenants' rights organization.

Sources

How this page was made

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