NIAGARA FALLS, N.Y. — A 78-year-old man who uses a wheelchair and takes marijuana for back pain has been evicted from his federally subsidized apartment in upstate New York.

John Flickner is staying at a Niagara Falls homeless shelter after being escorted from his Niagara Towers apartment Tuesday.

A lawyer for the housing facility, which is subsidized by the federal Department of Housing and Urban Development, notes the eviction proceedings began before Flickner obtained a state credential to possess medical marijuana.

Although Flickner got the credential before his eviction, attorney Jason Cafarella says the company enforced the lease’s zero-tolerance policy.

New York state has legalized medical marijuana, but HUD gives landlords discretion on whether to evict residents for using it.

The Associated Press