Single Texas Mom Facing Eviction for Medical Cannabis in Federally Subsidized Apartment

A mom in Texas is in the process of being evicted from her federally-funded housing due to the possession and consumption of state-legal medical cannabis.

Full story after the jump.

Texas single mother Candace McCarty, of Temple, is facing eviction for possessing and consuming medical cannabis in her federally subsidized apartment, KXAN Austin reports. Temple, who is a patient in the state’s limited medical cannabis program, faces the looming eviction because she receives housing assistance through the federally-funded Central Texas Housing Consortium.

Last year, the U.S. Department of Housing and Urban Development clarified that even if an individual is prescribed medical cannabis through a state program, they are still not allowed to use or possess cannabis at home if they receive federal housing assistance. McCarty says she was not aware of the rule, assuming her use of THC gummies, cannabis oil, and smokable CBD cannabis were allowed because the cannabis was permitted by the state of Texas, the report says.

“They’re claiming it’s criminal. I thought it was all legal, because I obtained it legally from the state. I’m just a single mom on disability, and I’m just trying to make it … facing homelessness right before the holidays.” ‒ McCarty to KXAN

Barbara Bozon, executive director of Central Texas Housing Consortium, pointed out that McCarty’s lease says “any drug use is not allowed, and that their lease is subject to termination for any drug activity.”

McCarty, however, said she believes the lease was not clear, noting that it says residents cannot engage in “any drug-related criminal activity on or off the Authority premises. The term drug-related criminal activity means the illegal manufacture, sale, distribution, use or possession with the intent to manufacture, sell, distribute or use of a controlled substance.”

McCarty moved to Texas two years ago after Hurricane Laura and wishes she would have known about the restrictions. She was reported by her neighbor. 

“I just want people to know, so they’re not in the same position that I’m in,” McCarty said in the report.

Her next court date is at the end of November.

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