Public Housing and Cannabis: How Federal Law Keeps Tenants Vulnerable

In the greater Chicago area, where cannabis is fully legal for adults under Illinois state law, thousands of public housing residents remain trapped under federal rules that criminalize its use. This contradiction highlights a larger issue that goes beyond local ordinances. It strikes at the heart of how the federal government continues to punish low-income communities, particularly Black and Brown residents, for behaviors that are no longer criminal in many states.

The 1937 Foundation believes uncovering these truths is vital to spreading awareness and enacting real change. We invite you to join the fight to break the stigma and help heal the communities most affected by the War on Drugs.

Legal Weed, Federal Restrictions

Cannabis has been legal in Illinois since 2020, generating billions in sales and tax revenue. Yet federal law still classifies cannabis as a Schedule I drug, on par with heroin. Because the U.S. Department of Housing and Urban Development (HUD) oversees public housing programs, federal rules precede state cannabis laws. This means that tenants who legally consume cannabis under state law can still be evicted from public housing for "drug-related criminal activity."

This legal contradiction forces low-income tenants into impossible choices. Should they risk their housing to manage chronic pain, PTSD, or insomnia with a legal product? Or should they suffer in silence while wealthier residents in private homes enjoy cannabis without fear of losing their homes?

How It Impacts Public Housing Residents

Chicago has one of the largest public housing populations in the country. Many of these residents live with chronic medical conditions, mental health challenges, or trauma linked to systemic inequality. Cannabis can offer real relief, but fear of eviction keeps people from seeking it.

Tenants often live under a constant threat of inspection, especially in buildings where security is tight or complaints are common. Even the smell of cannabis can lead to warnings or citations. A 2023 report by the Chicago Housing Initiative found that many tenants were unaware of the risks they faced when consuming cannabis in their own homes. Others reported knowing the risks, but felt they had no alternative.

This climate fosters secrecy and stigma, undermining public health and trust in institutions. It also recreates the very harms that cannabis legalization was meant to resolve, especially in neighborhoods already over-policed and under-resourced.

The Racial Disparity Is Clear

Public housing policies that criminalize cannabis use disproportionately affect Black and Brown residents. Decades of redlining, economic exclusion, and targeted policing have concentrated poverty and public housing in communities of color. Meanwhile, Illinois cannabis companies are making record profits, and many are owned or operated by individuals with no ties to the neighborhoods harmed most by prohibition.

This uneven playing field is not accidental. It reflects a long history of racialized policymaking that treats low-income Black and Brown communities as problems to be managed, rather than people to be empowered.

No Safe Place to Heal

Cannabis reform was supposed to offer relief, opportunity, and a path toward equity. But for public housing tenants, legalization has not delivered on those promises. Many still cannot safely use a medicine that is legal in their state. They cannot apply for jobs in the cannabis industry without fear of background checks affecting their lease status. They cannot even speak freely about cannabis use without risking surveillance or retaliation.

This legal limbo creates a two-tiered system. Private homeowners and renters with means enjoy the benefits of legalization. Meanwhile, public housing tenants face continued punishment. This is not justice. It is a continuation of the War on Drugs by other means.

The Path Forward: Advocacy and Accountability

Fixing this issue requires more than legal cannabis. It demands bold policy reform at the federal level. HUD must revise its rules to allow for lawful cannabis use in public housing in states where it is legal. Tenant protections must be strengthened to prevent discriminatory enforcement.

In the meantime, local leaders must speak out. Housing authorities can use discretion in enforcement. State lawmakers can push for clarity and protections. Community groups can educate residents on their rights and help them navigate the complex legal landscape.

The 1937 Foundation is committed to shining a light on these contradictions. We believe healing starts with truth-telling. And the truth is, legal cannabis is not truly legal until everyone can access it safely. This is especially true for those harmed most by prohibition.

Join the Fight

As Illinois continues to grow its cannabis industry, it must also confront the injustice baked into federal housing policy. We cannot allow public housing tenants to be left behind.

The 1937 Foundation believes uncovering these truths is crucial to the healing process. Join us as we fight to break the stigma, hold institutions accountable, and advocate for real equity in cannabis and beyond. Help us protect public housing residents and ensure that legalization includes everyone.