Typeset

Git

S. 3537

Marijuana in Federally Assisted Housing Parity Act of 2025

Shown here: Introduced in Senate (2025-12-17)

To provide that an individual who uses marijuana in compliance with State law may not be denied occupancy of federally assisted housing, and for other purposes.

1. Short title

This Act may be cited as the “Marijuana in Federally Assisted Housing Parity Act of 2025”.

2. Amendments to United States Housing Act of 1937

The United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) is amended—

(1) in section 3(b)(9) (42 U.S.C. 1437a(b)(9))—

(A) by striking “activity’ means” and inserting “activity’—

(A) means

(B) by striking the period at the end and inserting “; and”; and

(C) by adding at the end the following:

(B) does not include any such manufacture, sale, distribution, use, or possession of marijuana, as defined in that section, that is in compliance with the law of the State in which such manufacture, sale, distribution, use, or possession takes place.

(2) in section 6 (42 U.S.C. 1437d)—

(A) in subsection (l), in the matter preceding subsection (m)—

(i) by striking “paragraph (5)” and inserting “paragraph (6)”;

(ii) by striking “activity’ means” and inserting “activity’—

(1) means

(iii) by striking the period at the end and inserting “; and”; and

(iv) by adding at the end the following:

(2) does not include any such manufacture, sale, distribution, use, or possession of marijuana, as defined in that section, that is in compliance with the law of the State in which such manufacture, sale, distribution, use, or possession takes place.

(B) in subsection (t)(7)(C)—

(i) by striking “substance’ means” and inserting “substance’—

(i) means

(ii) by striking the period at the end and inserting “; and”; and

(iii) by adding at the end the following:

(ii) does not include the use of marijuana, as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802), that is in compliance with the law of the State in which use takes place.

(3) in section 8(f)(5) (42 U.S.C. 1437f(f)(5))—

(A) by striking “activity’ means” and inserting “activity’—

(A) means

(B) by striking the period at the end and inserting “; and”; and

(C) by adding at the end the following:

(B) does not include any such manufacture, sale, distribution, use, or possession of marijuana, as defined in that section, that is in compliance with the law of the State in which such manufacture, sale, distribution, use, or possession takes place.

3. Amendments to Quality Housing and Work Responsibility Act of 1998

Subtitle F of title V of the Quality Housing and Work Responsibility Act of 1998 is amended—

(1) in section 576 (42 U.S.C. 13661)—

(A) in subsection (b)—

(i) in paragraph (1), by striking “Notwithstanding” and inserting “Except as provided in paragraph (3) and notwithstanding”;

(ii) in paragraph (2), by inserting “other than the use of marijuana described in paragraph (3)” after “controlled substance” each place such term appears; and

(iii) by adding at the end the following:

(3) State law exception
A public housing agency or an owner of federally assisted housing may not establish standards prohibiting admission to the program or admission to federally assisted housing for any household with a member who engages in the use, distribution, possession, sale, or manufacture of marijuana, as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802), that is in compliance with the law of the State in which such use, distribution, possession, sale, or manufacture takes place.

(B) in subsection (c), by adding at the end the following:

criminal activity
21 U.S.C. 802

(2) in section 577 (42 U.S.C. 13662), by adding at the end the following:

(c) State law exception
In this section, the term illegal use of a controlled substance does not include the use, distribution, possession, sale, or manufacture of marijuana, as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802), that is in compliance with the law of the State in which such use, distribution, possession, sale, or manufacture takes place.

(3) in section 579(a) (42 U.S.C. 13664(a)), by adding at the end the following:

(4) State
The term State means—
(A) each of the several States of the United States;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) American Samoa;
(F) the Commonwealth of the Northern Mariana Islands;
(G) the Federated States of Micronesia;
(H) the Republic of the Marshall Islands;
(I) the Republic of Palau; and
(J) the United States Virgin Islands.

(4) by inserting after section 579 (42 U.S.C. 13664) the following:

580. Enforcement; smoke-free zones
(a) Definition
In this section, the term marijuana has the meaning given the term in section 102 of the Controlled Substances Act (21 U.S.C. 802).
(b) Enforcement
The Secretary may not prohibit or otherwise discourage any activity involving the use, distribution, possession, sale, or manufacture of marijuana in federally assisted housing that is in compliance with the law of the State in which such activity takes place.
(c) HUD smoke-Free zones
Not later than 90 days after the date of the enactment of the Marijuana in Federally Assisted Housing Parity Act of 2025, the Secretary shall issue regulations that restrict smoking marijuana in federally assisted housing in the same manner and same locations as the Secretary restricts smoking tobacco in public housing under subpart G of part 965 of title 24, Code of Federal Regulations (or any corresponding similar regulation).

Workspace/Typeset/Bill

S. 3537

Marijuana in Federally Assisted Housing Parity Act of 2025

Shown here: Introduced in Senate (2025-12-17)

To provide that an individual who uses marijuana in compliance with State law may not be denied occupancy of federally assisted housing, and for other purposes.

1. Short title

This Act may be cited as the “Marijuana in Federally Assisted Housing Parity Act of 2025”.

2. Amendments to United States Housing Act of 1937

The United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) is amended—

(1) in section 3(b)(9) (42 U.S.C. 1437a(b)(9))—

(A) by striking “activity’ means” and inserting “activity’—

(A) means

(B) by striking the period at the end and inserting “; and”; and

(C) by adding at the end the following:

(B) does not include any such manufacture, sale, distribution, use, or possession of marijuana, as defined in that section, that is in compliance with the law of the State in which such manufacture, sale, distribution, use, or possession takes place.

(2) in section 6 (42 U.S.C. 1437d)—

(A) in subsection (l), in the matter preceding subsection (m)—

(i) by striking “paragraph (5)” and inserting “paragraph (6)”;

(ii) by striking “activity’ means” and inserting “activity’—

(1) means

(iii) by striking the period at the end and inserting “; and”; and

(iv) by adding at the end the following:

(2) does not include any such manufacture, sale, distribution, use, or possession of marijuana, as defined in that section, that is in compliance with the law of the State in which such manufacture, sale, distribution, use, or possession takes place.

(B) in subsection (t)(7)(C)—

(i) by striking “substance’ means” and inserting “substance’—

(i) means

(ii) by striking the period at the end and inserting “; and”; and

(iii) by adding at the end the following:

(ii) does not include the use of marijuana, as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802), that is in compliance with the law of the State in which use takes place.

(3) in section 8(f)(5) (42 U.S.C. 1437f(f)(5))—

(A) by striking “activity’ means” and inserting “activity’—

(A) means

(B) by striking the period at the end and inserting “; and”; and

(C) by adding at the end the following:

(B) does not include any such manufacture, sale, distribution, use, or possession of marijuana, as defined in that section, that is in compliance with the law of the State in which such manufacture, sale, distribution, use, or possession takes place.

3. Amendments to Quality Housing and Work Responsibility Act of 1998

Subtitle F of title V of the Quality Housing and Work Responsibility Act of 1998 is amended—

(1) in section 576 (42 U.S.C. 13661)—

(A) in subsection (b)—

(i) in paragraph (1), by striking “Notwithstanding” and inserting “Except as provided in paragraph (3) and notwithstanding”;

(ii) in paragraph (2), by inserting “other than the use of marijuana described in paragraph (3)” after “controlled substance” each place such term appears; and

(iii) by adding at the end the following:

(3) State law exception
A public housing agency or an owner of federally assisted housing may not establish standards prohibiting admission to the program or admission to federally assisted housing for any household with a member who engages in the use, distribution, possession, sale, or manufacture of marijuana, as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802), that is in compliance with the law of the State in which such use, distribution, possession, sale, or manufacture takes place.

(B) in subsection (c), by adding at the end the following:

criminal activity
21 U.S.C. 802

(2) in section 577 (42 U.S.C. 13662), by adding at the end the following:

(c) State law exception
In this section, the term illegal use of a controlled substance does not include the use, distribution, possession, sale, or manufacture of marijuana, as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802), that is in compliance with the law of the State in which such use, distribution, possession, sale, or manufacture takes place.

(3) in section 579(a) (42 U.S.C. 13664(a)), by adding at the end the following:

(4) State
The term State means—
(A) each of the several States of the United States;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) American Samoa;
(F) the Commonwealth of the Northern Mariana Islands;
(G) the Federated States of Micronesia;
(H) the Republic of the Marshall Islands;
(I) the Republic of Palau; and
(J) the United States Virgin Islands.

(4) by inserting after section 579 (42 U.S.C. 13664) the following:

580. Enforcement; smoke-free zones
(a) Definition
In this section, the term marijuana has the meaning given the term in section 102 of the Controlled Substances Act (21 U.S.C. 802).
(b) Enforcement
The Secretary may not prohibit or otherwise discourage any activity involving the use, distribution, possession, sale, or manufacture of marijuana in federally assisted housing that is in compliance with the law of the State in which such activity takes place.
(c) HUD smoke-Free zones
Not later than 90 days after the date of the enactment of the Marijuana in Federally Assisted Housing Parity Act of 2025, the Secretary shall issue regulations that restrict smoking marijuana in federally assisted housing in the same manner and same locations as the Secretary restricts smoking tobacco in public housing under subpart G of part 965 of title 24, Code of Federal Regulations (or any corresponding similar regulation).