A law passed in the New York State Senate would protect residents from eviction for their use of medical marijuana.

Under the current laws, even a chronically ill patient in dire need of chronic weed can be evicted from their home for using doctor-recommended cannabis in their own home.

This is exactly what happened to a 78-year-old man in Niagara Falls who was evicted after using medical marijuana to treat his pain. The eviction was defended under federal guidelines from the U.S. Department of Housing and Urban Development which “prohibits and has a strict policy of allowing and evicting individuals who use marihuana.”

The case of the Niagara Falls man was specifically cited in the New York measure S.4117, which would prohibit “the eviction of tenants for using medical marijuana for a certified medical use.”

A memo accompanying the bill notes that “Federal law has not caught up with this and places medical users in possible jeopardy.”

The bill passed in the State Senate by a wide majority, 58-2. That’s good news for the measure, but still faces a vote on the floor of the Assembly.

The same bill was approved by the State Senate early last year, but was voted down in the Assembly last January, as reported by High Times. It will now be referred to the State Assembly’s Housing Committee.

A similar bill was signed into law by Oregon Gov. Kate Brown last year. The law bars landlords from considering a potential resident’s use of medical or marijuana or conviction for cannabis possession when processing their application.

Photo via Flickr/Cannabis Urlaub