TEMPLE, Texas (Nexstar) — A Texas single mom is in the process of being evicted from her apartment complex for possessing medical marijuana, which is legal in the state through Texas’ Compassionate Use Program.
“Here’s another complaint that I have, and that’s what started all this,” said Candace McCarty, showing pages from a folder full of documents.
McCarty is trying to keep track of everything as she fights eviction notices from her apartment complex in Temple.
“I even have my entire health summary. It’s eight pages long,” McCarty said.
McCarty takes THC gummies, uses cannabis oil and smokes CBD to help with a number of health problems.
But she recently found out while living in federally assisted housing, marijuana products — even those that are medically prescribed — aren’t allowed.
“They’re claiming it’s criminal,” McCarty said.
She got caught because a neighbor busted her.
“I thought it was all legal, because I obtained it legally from the state,” McCarty said. “I’m just a single mom on disability, and I’m just trying to make it … facing homelessness right before the holidays.”
Though medical marijuana is legal in Texas, it’s still illegal federally. McCarty’s housing is through the Central Texas Housing Consortium, which is federally regulated.
“Their lease does spell out that any drug use is not allowed, and that their lease is subject to termination for any drug activity,” said Barbara Bozon, executive director of Central Texas Housing Consortium.
McCarty’s lease stated no resident should engage in:
“Any drug-related criminal activity on or off the Authority premises. The term drug-related criminal activity means the illegal manufacture, sale, distribution, use or possession with the intent to manufacture, sell, distribute or use of a controlled substance.”
McCarty doesn’t feel it was spelled out clearly enough, and since she just relocated to Texas two years ago after Hurricane Laura, she wishes she would have known better. She’s worried about how this situation might affect her getting another apartment.
“I just want people to know, so they’re not in the same position that I’m in,” McCarty said tearfully.
Other people could likely wind up in this same situation. According to Bozon, the majority of assisted living complexes are regulated federally — meaning medical marijuana isn’t allowed, regardless of state law.
McCarty goes back to court at the end of November.