Posted: Oct 11, 2010 8:50 AM by Ashley Korslien (Great Falls)
Updated: Oct 11, 2010 8:53 AM
The medical marijuana debate has caused confusion for many people across Montana, and for one Great Falls man, it has meant the loss of public housing.
Steve Vanderschelden explained, "I got my medical marijuana card in June 2009 from the Montana Caregivers Network. I have osteoarthritis, I have degenerative disk disease and I broke my back in '86."
That medical marijuana card put Vanderschelden out of his home in August, when the Great Falls Housing Authority sent the 49-year old man an eviction notice after he appeared in a newspaper photograph holding his card.
Vanderschelden said, "Great Falls Public Housing Authority convicted me of a drug crime by having that card. That is overstepping their bounds, that's wrong, morally and ethically, that's just wrong."
To Vanderschelden, it might seem wrong, but to the Housing Authority, it's simply following the law.
Keving Hager, executive director of the agency, said, "We have the legal opinion from the U.S. Department of Housing and Urban Development that states that it's still illegal, it's in direct conflict of federal law. Not only the use of, but if you have the intent to use, you are still denied subsidy or assistance."
Since the organization is federally funded, they must abide by federal law, otherwise their funding could be jeopardized.
Which means marijuana, for any use, is still illegal.
Hager noted, "I wish the public would be more educated on this issue, we have sent notices out to our Section 8 households, our public housing households."
Vanderschelden claims the Housing Authority never sent him a notice, and believes they have no proof that he ever used marijuana on their property.
But housing officials say they don't need proof of him using, simply having the card is enough.
Hager said, "We're put in a situation where we have to do something that is going to anger people, and we are not doing something that we like to do. I mean, we are in the business of housing people, not un-housing people."
Because of the incident, Vanderschelden is no longer allowed on Housing Authority property.
He has since relocated to Cascade so that his daughter and grandsons could stay in public housing.
Both sides say they hope the Montana Legislature makes changes during the upcoming session, in order to help clarify the Medical Marijuana Act.
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