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Lily Fisher sits on the bend of her bed in the advanced allowance of her duplex, her prosthetic bottom with the red-painted nails propped adjoin a footrest.

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Her face creases with anguish as she ponders her ambiguous apartment situation. Fisher, 55, is bent in a brain-teaser that confronts anyone in Montana who relies on medical marijuana for affliction abatement but seeks federal Section 8 apartment assistance.

She can accept one or the other, but not both.

While marijuana is acknowledged in Montana for anyone with a state-issued medical marijuana card, the federal Biologic Enforcement Bureau still classifies it as an actionable Schedule 1 drug. Drugs in that class are authentic as “substances with a actual aerial abeyant for corruption and no accustomed medical use.”

That bureau alike bodies with medical marijuana cards are disqualified for the federally adjourned Section 8 apartment abetment program. 

Fisher got a wake-up alarm as she was bushing out a screening check for the Montana Department of Commerce’s Section 8 program, which helps low-income association pay for a endemic rental property. In Billings the affairs is accommodating by the bounded Apartment Authority.

Two years before, Fisher had abounding out a basic appliance and was placed on a cat-and-mouse list. On July 5, she accustomed a letter that she was advancing the top of the account and was asked to acknowledgment for a binding adaptation briefing.

One of the questions on the screening anatomy asked if the she or any affiliate of her ancestors had a medical marijuana card. She arrested the “yes” box.

The agent accomplishing the screening told Fisher that acknowledgment would disqualify her from apartment assistance, she said.

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“It never alike beyond my apperception in a actor years that that would be an issue,” Fisher said. “I started accepting befuddled up and afraid because I’m about to be homeless.”

She affective the paperwork and absolved out of the office, borderline area to about-face for help. 

The Billings woman was diagnosed with blight in 2005. During the treatment, she developed claret clots in her foot, which led to the amputation of the lower allotment of her leg.

To cope with the pain, her physician assigned two types of narcotics, hydromorphone and oxycodone. The potentially addictive drugs larboard Fisher in a connected fog, and she abdicate them algid turkey afore attractive to medical marijuana to accord with the pain.

Eventually she got a job at a bounded grocery abundance a brace of afar from her busy duplex.

“I acquainted acceptable about actuality able to do article again,” Fisher said. “I formed all my life. I was a actual alive person.”

But two afar is a continued way to airing in the winter. She eventually got accursed for accepting too abounding backward notices.

“That devastated me,” Fisher said.

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Living on a affliction acquittal didn’t leave abundant money afterwards she paid rent, so Fisher activated for Section 8 housing. In the meantime, she accustomed an boot apprehension that will anon force her to move out.

“I can’t pay the rent, and it takes money to move,” she said. “I don’t apperceive what I’m activity to do.”

Where it all started

The Montana Medical Marijuana Act was initially accustomed by the Montana Legislature in 2004, admitting it has gone through a cardinal of revisions back then. According to the state, as abounding as 26,549 Montanans accept medical marijuana cards, with 3,396 of them in Yellowstone County.

Patients defended the cards through doctor recommendations. The card, issued through the Department of Accessible Health and Human Services, is acceptable for 365 canicule and again charge be renewed.

In the United States, according to the National Conference of Accompaniment Legislatures, 31 states acquiesce accessible medical marijuana and cannabis programs.

In 2011, with the access in the cardinal of states casual medical marijuana laws, the U.S. Department of Apartment and Urban Development issued a announcement apropos the drug’s use at HUD-assisted properties.

Essentially, HUD said anyone begin to be illegally application a controlled actuality would be denied acceptance into its federal accessible and assisted apartment programs.

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As for bodies already active in federally-subsidized apartment and application medical marijuana, it would be up to alone accessible apartment authorities and owners whether to adios tenants, the announcement said.

The Apartment Authority of Billings operates a cardinal of programs that board either bargain apartment or rental assistance, including Section 8.

Patti Webster, controlling administrator of the Apartment Authority of Billings, explained that reasonable adaptation is article for which a actuality with a affliction can appeal a abandonment of policy. That may board a access or grab confined to board a bedfellow with concrete limitations.

“We cannot admission reasonable adaptation for medical marijuana,” Webster said.

As for bodies already in the affairs with marijuana cards, Webster said if they are begin application medical marijuana regularly, they would be evicted or concluded from the program.

On the added hand, Webster said, “we’re not activity and animadversion on doors.”

The apartment authority’s screening check doesn’t accurately ask if an appellant has a medical marijuana card, but whether they use any biologic advised actionable by the federal government, which includes medical marijuana.

The Montana Department of Commerce is in the action of standardizing the pre-screening action acclimated by the 11 apartment authorities in the state, said Emilie Ritter Saunders, communications administrator for the MDOC.

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The pre-screening check acclimated in Billings accurately asks if the appellant or a ancestors affiliate has a medical marijuana card. That jives with the 2011 HUD memorandum, which spelled out what is and isn’t allowed.

“The accompaniment has interpreted this to beggarly that medical marijuana agenda holders are not accustomed on the affairs unless they abandon the agenda above-mentioned to actuality accepted to the program,” Saunders wrote in an email response.

“Also, the FDA has accustomed drugs for medical uses which are comprised of marijuana synthetics, such as Marinol and Cesamet,” Saunders said. “HUD says these drugs are not medical marijuana and are legal.”

Those drugs accept bound uses, said Dr. Michael Uphues, a board-certified ancestors physician in Billings who is additionally certified in cannabinoid medicine. Both are acclimated by blight patients for abhorrence and airsickness during chemotherapy, and Marinol additionally helps amusement accident of appetence in some AIDS patients.

There are no marijuana t that accord accurately with pain, Uphues said. Medical marijuana, in its abounding altered forms, can board that relief. 

“Modes of commitment ambit from contemporary preparations, which you administer locally such as creams and salves,” he said.

One of the best accepted are tinctures, which involves bisected a bead or added beneath the tongue. Dissolving strips additionally are available, as are a array of comestible affairs that ambit from adamantine candies to cookies, brownies and muffins.

The patients Uphues tends to see are age 40 or older. They about accept contemporary or articulate cannabis articles over smoker it.

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“People accept these visions in Section 8 apartment of accepting cannabis smoke billowing out of windows,” he said.

In best cases, he said, no one active a a citizen application medical marijuana would alike notice.

The affair isn’t different to Montana. In June, Congresswoman Eleanor Holmes Norton, D-D.C., alien a bill that would admittance the use of marijuana in states area it is legal, for medical or recreational use, in federally assisted housing. But there’s no alive if such a bill will accomplish it into law.

Fisher, whose agenda will expire in September, accustomed a letter on Aug. 16 from the Section 8 Rental Abetment affairs cogent her the bureau “recently accustomed advice from our acreage appointment that (she had) affianced in actionable use of a drug.” Because of that, her name would be removed from the MDOC Section 8 delay list, and she would accept to reapply.

The letter additionally arrive her to appeal an breezy analysis if she believed the advice was incorrect. She has 20 canicule to abide the appeal in writing.

Nowhere in the letter did it say that if she gave up her medical marijuana card, she would be acceptable for Section 8.

Fisher planned to appointment addition physician anon to see what her pain-management options are. Affliction pills are out, she said, so she’s activity to see what abroad may be available, besides medical marijuana.

“I’ve got to do something,” she said. “I can’t be on the street.”

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