Houston Institute and ACLUM File Amicus Brief on Racism of Punitive Public Housing Policy on Marijuana Possession

In a brief authored by students and clinicians at the Harvard Legal Air Bureau, this week the Houston Institute and ACLU of Massachusetts argued to the Massachusetts Supreme Judicial Court that terminating the housing subsidy of a low income person for an ounce or less of marijuana has a disparate racial impact and is unsupported by any substantial, legitimate interest; therefore, a finding of preemption would put the federal government at odds with its own work against discriminatory housing practices and would subject the Boston Housing Authority to liability under the Fair Housing Act in every case. Given the national and local landscape, the severe consequences of withdrawal of Section 8 assistance, and the racial justice implications of imposing penalties for minor marijuana possession, we argue that BHA’s termination decision in this individual case was an abuse of discretion requiring reversal.

Read our brief: