Pubdate: Thu, 17 Feb 2011
Source: Sacramento News & Review (CA)
Column: The 420
Copyright: 2011 Chico Community Publishing, Inc.
Contact:  http://newsreview.com/sacto/
Details: http://www.mapinc.org/media/540
Author: Faith Merino
Cited: Americans for Safe Access http://www.americansforsafeaccess.org
Bookmark: http://www.mapinc.org/topic/Sacramento
Bookmark: http://www.mapinc.org/topic/Americans+for+Safe+Access
Bookmark: http://www.mapinc.org/topic/RagingWire
Bookmark: http://www.mapinc.org/mmj.htm (Marijuana - Medicinal)
Bookmark: http://www.mapinc.org/testing.htm (Drug Testing)
Bookmark: http://www.drugsense.org/cms/geoview/n-us-ca (California)

BLAZE THE RENT

Medical-Cannabis-Using Tenants Can Be Legally Evicted, but Most 
Sacramento Landlords Tend Towards Tolerance

When Eric Stewart, a blind man living in Sacramento, was served a 
60-day eviction notice in January for smoking medical marijuana in 
his apartment unit, the issue of tenants' rights and cannabis 
resurfaced. And many were shocked that Stewart had no legal ground to 
dispute his eviction.

"Marijuana is illegal under federal law, period," explained Heather 
Messenger, managing attorney for the Regional Human Rights/Fair 
Housing Commission. "Under state law, marijuana is illegal except for 
medicinal use. But federal law trumps state law."

But Messenger also pointed out that most landlords are tolerant of 
medical-marijuana use as a business decision; they have to stay competitive.

Indeed, Mercy Housing, which oversees 125 low-income rental 
properties throughout California, has no formal policy on medical-pot 
use among its tenants. And Mercy regional director of resource 
development Rick Sprague says that the organization does in fact 
house tenants who are medical-cannabis patients.

Still, as a renter, your rights are nebulous and you might find 
yourself helplessly subject to a landlord's whim. Americans for Safe 
Access, an Oakland-based cannabis-patients advocacy group, laments 
this legal reality. "The fact that we have to deal with civil-rights 
issues like access to housing, employment and even child custody 
issues," said Kris Hermes with ASA, "is a travesty to the law and the 
hundreds of thousands of patients that are legally complying."

The incidents are numerous and complex. Messenger noted, for 
instance, the 2008 Ross v. RagingWire case, in which the plaintiff, 
Gary Ross, was fired for his off-duty medical-marijuana use. Ross 
suffered from back pain as a result of injuries sustained while he 
served in the U.S. Air Force and, after no other medication relieved 
his pain, he began using medical marijuana at home as per his 
doctor's recommendation. When his employer, RagingWire Enterprise 
Solutions, mandated a drug test in order to promote him, Ross failed 
and was fired. He sued the company, but the court eventually ruled against him.

Even if you smoke at your apartment, the Americans With Disabilities 
Act doesn't necessarily protect a patient's right to workplace and 
public accommodation. "Because it's still illegal under federal law, 
the ADA doesn't cover medical marijuana," Messenger explained. "A 
medical-marijuana prescription isn't considered a legitimate 
prescription." The California Compassionate Use Act, which legalized 
medical marijuana, simply gives the patient a defense in court, she explained.

So, while a medical-marijuana patient may not be charged with a crime 
for possessing marijuana, that patient can lose their job or 
apartment-until federal law aligns with state law. In the meantime, 
the rights of tenants who use medical marijuana will come down to the 
business interests of their landlords.  
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MAP posted-by: Richard Lake