Robert Jones, a 70-year-old cancer patient who lives in Las Vegas, N.M., has been notified that he is no longer eligible to receive a federal housing subsidy because he uses medical marijuana.

Jones received a letter from the local housing administrator Oct. 12 telling him even though medical cannabis has been legalized by the state, marijuana remains illegal at the federal level.

The letter told Jones he was being terminated from the Section 8 housing voucher program effective Nov. 30, but the administrator did offer him the right to appeal the decision, which he has done.

The Section 8 housing voucher program pays a portion of the rent for low-income residents.

Jones said he pays $244 per month rent on his apartment and the cost would be $400 per month without the assistance.

"It's causing me a lot of anxiety," said Jones.

Jones, who also has a license to grow cannabis in his home, said he has also faced break-ins and harassment from the police who have confiscated his pipes and plants.

"They are all just after me it seems like," he said. "I feel terrible about it and I just wish they would stop."

San Miguel County Housing administrator Gilbert Almanza, who sent the letter, knew Jones was a medical pot patient and thought it was OK until he received an e-mail from Mandy Griego, a housing specialist in the Albuquerque HUD office, saying that HUD does not differentiate between medical marijuana use and any other use of marijuana.

The e-mail states, "marijuana, whether for medical purposes or not, must not be used or grown at HUD subsidized properties." The letter concludes, "Terminating tenancy or participation for marijuana possession and/or use must be handled in accordance with the (Public Housing Authority's) polices and procedures and must be applied consistently for all tenants."

Almanza said Jones is the only housing client he's had to terminate for this reason.

Ed Romero, the director of Santa Fe's Civic Housing Authority, said he hasn't had any medical marijuana patients apply for housing assistance that he knows of. If he did receive such an application, Romero said, "I would probably reject it because we follow federal law. If we stumbled on someone in one of our units who was using marijuana, we would move for eviction"

Santa Fe County Housing Director Dodi Salazar responded to inquiries on the matter by forwarding the same e-mail from Mandy Griego. Griego referred questions to the federal HUD office.

HUD Public Affairs spokeswoman Donna White added, "It is illegal to use drugs such as marijuana in public housing and with the Section 8 program. However, if you already have an occupant in a unit, the department does not require the housing authority to evict. That is left at the discretion of the housing authority."

Contact Phaedra Haywood at 986-3068 or phaywood@sfnewmexican.com.