Montrose - Daily Press

MONTROSE — The medical marijuana user and dispenser who lost his Section 8 housing voucher now says the housing authority may be in contempt of court.

William Hewitt, who is licensed to use medical marijuana under Colorado law, filed suit in district court in April, after the Montrose County Housing Authority yanked his voucher because he was using pot contrary to federal regulations for the voucher program.

Hewitt is seeking the voucher’s reinstatement, a prohibition against future cancellation based on medical marijuana use, and findings that Montrose County Housing Authority staff members failed to comport with due process of law, as well as abused their discretion.

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The MCHA’s response says Hewitt didn’t state a claim for which relief can be granted; that the local court lacks jurisdiction and the pre-emption of federal over state law bars him from recovering the voucher.

Housing authority attorney John Fleming’s response confessed that medical marijuana is legal under Colorado’s constitution, but said that “such use is not guaranteed by the U.S. Constitution and such use violates federal law and the federal regulations governing the housing program.”

Hewitt lost his housing voucher in March over his medical marijuana use, and his appeal to the housing authority failed. According to court records, he now lives in a fifth-wheel trailer.

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Comments

Hellena handbasket wrote on Jul 10, 2009 11:25 AM:

" Well said, Chickeman. Mr Hewitt, respect to you for standing up. I hope soon this incongruity between state and federal law is resolved. "




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Dumb wrote on Jul 4, 2009 7:13 PM:

" Typical stoner...Knows the rules but breaks them anyway. Gets thrown out and now needs to support himself instead of living on the public's dole. Now back in the trailer down by the river. It's all good.... "




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Follow the rules wrote on Jul 4, 2009 5:39 PM:

" If you violate the regulations of Section 8, you are out, plain and simple. There are various rules and regulations in Section 8, and if you don't want to follow them, don't sign up for a voucher. One says you can't run a business out of your taxpayer subsidised rental home. You want to grow, SELL (to other legal medical mj users,) and use legal medical mj, then pay your own rent. "




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Thanks California for setting us straight wrote on Jul 4, 2009 3:49 PM:

" Richard,
Thank you so much for setting us backwood idiots in montrose straight. Maybe you should worry about californias inability to balance a checkbook before you worry about good old montrose. "




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chickenam wrote on Jul 4, 2009 2:21 PM:

" Before you all get on this person all over again, remember this is medicenal, and this fella is not out for profit. If he really was out for the money he would not need a HUD voucher, would not be living in a 5th wheel trailer, would not have gone public, which was a mistake. So think about whats really going on. His use and possible distrubition to other patients is really none of your bussiness...Peaceoutchickenman "




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Richard P Steeb wrote on Jul 4, 2009 12:18 PM:

" The Federal ban on cannabis is predicated on a most thin and brittle stretch of "The Commerce Clause".

What ever happened to the 14the Amendment, "Equal Protection Clause"?

WE simply demand "Equal Protection"-- with Irv Rosenfeld, Elvy Musikka and George McMahon.

Richard P Steeb, San Jose California "




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