High at Home: How the Continued Federal Prohibition of Cannabis In Federally Subsidized Housing Perpetuates the War on Drugs

This comment argues that the continued federal prohibition of cannabis in federally subsidized housing perpetuates the inequities created by the War on Drugs, particularly for low-income individuals, people with disabilities, and communities of color. Although a growing number of states have legalized cannabis for medical or recreational use, federal law continues to classify cannabis as a prohibited controlled substance, allowing public housing authorities to deny admission to applicants or evict tenants for cannabis use. Through a historical examination of cannabis criminalization, the War on Drugs, and federal affordable housing policy, the comment demonstrates how anti-drug housing laws evolved into a system of collateral consequences that extends punishment beyond the criminal justice system and into access to housing and other essential public benefits. The author analyzes key legislation, including the Anti-Drug Abuse Act, the Quality Housing and Work Responsibility Act, and the “one strike” housing policies of the 1990s, as well as judicial decisions addressing the tension between federal prohibition and state legalization.The comment contends that current federal housing policies reinforce racial and socioeconomic disparities by exposing subsidized housing tenants to eviction and housing insecurity for conduct that may be lawful under state law. Examining recent litigation involving affordable housing residents who use medical cannabis, the author argues that courts often fail to account for the severe consequences of eviction, including homelessness, family separation, financial hardship, and adverse health outcomes. The comment further maintains that federal prohibition undermines state efforts to legalize cannabis and creates a two-tiered system in which wealthier individuals may benefit from legalization while low-income residents remain vulnerable to punishment. Concluding that federal prohibition continues to serve as a mechanism of social and economic exclusion, the comment advocates federal cannabis legalization as the most effective means of eliminating these inequities and aligning housing policy with contemporary understandings of justice, public health, and state cannabis reform.[This abstract was written by Microsoft Copilot, a generative artificial intelligence.]