Marijuana in Federally Assisted Housing Parity Act of 2024

In section 3(b)(9) (42 U.S.C. 1437a(b)(9)), by inserting before the period at the end the following:, except that such term shall not include any such manufacture, sale, distribution, use, or possession of marihuana (as such term is defined in such section) that is in compliance with the law of the State in which such manufacture, sale, distribution, use, or possession takes place.

In section 6 (42 U.S.C. 1437d)—

(A) in subsection (l), in the last sentence after paragraph (9)—

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

(ii) by inserting before the period at the end the following:, except that such term shall not include any such manufacture, sale, distribution, use, or possession of marihuana (as such term is defined in such section) that is in compliance with the law of the State in which such manufacture, sale, distribution, use, or possession takes place; and

(B) in subsection (t)(7)(C), by inserting before the period at the end the following:, except that such term shall not include the use of marihuana (as such term is 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 takes place.

In section 8(f)(5) (42 U.S.C. 1437f(f)(5)), by inserting before the period at the end the following:, except that such term shall not include any such manufacture, sale, distribution, use, or possession of marihuana (as such term is defined in such section) that is in compliance with the law of the State in which such manufacture, sale, distribution, use, or possession takes place.

(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 marihuana described in paragraph (3), after controlled substance each place such term appears; and

(iii) by adding at the end the following new paragraph:

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

(iii) ; and

(B) in subsection (c), by adding after and below paragraph (2) the following flush matter:

(B) For the purposes of this subsection, the term criminal activity shall not include the use, distribution, possession, sale, or manufacture of marihuana (as such term is 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.

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

For the purposes of this section, the term illegal use of a controlled substance shall not include the use, distribution, possession, sale, or manufacture of marihuana (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, by adding at the end the following new paragraph:

The term State means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

(3) ; and

(4) by adding at the end the following new section:

The Secretary may not prohibit or otherwise discourage any activity involving the use, distribution, possession, sale, or manufacture of marihuana in federally assisted housing that is in compliance with the law of the State in which such activity takes place.

Not later than 90 days after the date of the enactment of the Marijuana in Federally Assisted Housing Parity Act of 2024, the Secretary shall issue regulations that restrict smoking marihuana in federally assisted housing in the same manner and same locations as the Secretary restricts smoking tobacco in public housing under subpart G of title 24, Code of Federal Regulations (or any successor regulation).

In this section, the term marihuana has the meaning given such term in section 102 of the Controlled Substances Act (21 U.S.C. 802).