Medical marijuana user who lost rental assistance files suit

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.

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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