II 

118TH CONGRESS 

2D SESSION S. 3671 

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. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 25, 2024 

Mr. BOOKER introduced the following bill; which was read twice and referred 

to the Committee on Banking, Housing, and Urban Affairs 

A BILL 

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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Marijuana in Federally 

5 Assisted Housing Parity Act of 2024’’. 

6 SEC. 2. AMENDMENTS TO UNITED STATES HOUSING ACT OF 

7 1937. 

8 The United States Housing Act of 1937 (42 U.S.C. 

9 1437 et seq.) is amended— 


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•S 3671 IS

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

2 1437a(b)(9))— 

3 (A) by striking ‘‘activity’ means’’ and in4 serting ‘‘activity’— 

5 ‘‘(A) means’’; 

6 (B) by striking the period at the end and 

7 inserting ‘‘; and’’; and 

8 (C) by adding at the end the following: 

9 ‘‘(B) does not include any such manufac10 ture, sale, distribution, use, or possession of 

11 marijuana, as defined in that section, that is in 

12 compliance with the law of the State in which 

13 such manufacture, sale, distribution, use, or 

14 possession takes place.’’; 

15 (2) in section 6 (42 U.S.C. 1437d)— 

16 (A) in subsection (l), in the matter pre17 ceding subsection (m)— 

18 (i) by striking ‘‘paragraph (5)’’ and 

19 inserting ‘‘paragraph (6)’’; 

20 (ii) by striking ‘‘activity’ means’’ and 

21 inserting ‘‘activity’— 

22 ‘‘(1) means’’; 

23 (iii) by striking the period at the end 

24 and inserting ‘‘; and’’; and 


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1 (iv) by adding at the end the fol2 lowing: 

3 ‘‘(2) does not include any such manufacture, 

4 sale, distribution, use, or possession of marijuana, as 

5 defined in that section, that is in compliance with 

6 the law of the State in which such manufacture, 

7 sale, distribution, use, or possession takes place.’’; 

8 and 

9 (B) in subsection (t)(7)(C)— 

10 (i) by striking ‘‘substance’ means’’ 

11 and inserting ‘‘substance’— 

12 ‘‘(i) means’’; 

13 (ii) by striking the period at the end 

14 and inserting ‘‘; and’’; and 

15 (iii) by adding at the end the fol16 lowing: 

17 ‘‘(ii) does not include the use of mari18 juana, as defined in section 102 of the 

19 Controlled Substances Act (21 U.S.C. 

20 802), that is in compliance with the law of 

21 the State in which use takes place.’’; and 

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

23 (A) by striking ‘‘activity’ means’’ and in24 serting ‘‘activity’— 

25 ‘‘(A) means’’; 


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1 (B) by striking the period at the end and 

2 inserting ‘‘; and’’; and 

3 (C) by adding at the end the following: 

4 ‘‘(B) does not include any such manufac5 ture, sale, distribution, use, or possession of 

6 marijuana, as defined in that section, that is in 

7 compliance with the law of the State in which 

8 such manufacture, sale, distribution, use, or 

9 possession takes place.’’. 

10 SEC. 3. AMENDMENTS TO QUALITY HOUSING AND WORK 

11 RESPONSIBILITY ACT OF 1998. 

12 Subtitle F of title V of the Quality Housing and Work 

13 Responsibility Act of 1998 is amended— 

14 (1) in section 576 (42 U.S.C. 13661)— 

15 (A) in subsection (b)— 

16 (i) in paragraph (1), by striking ‘‘Not17 withstanding’’ and inserting ‘‘Except as 

18 provided in paragraph (3) and notwith19 standing’’; 

20 (ii) in paragraph (2), by inserting 

21 ‘‘other than the use of marijuana described 

22 in paragraph (3),’’ after ‘‘controlled sub23 stance’’ each place such term appears; and 

24 (iii) by adding at the end the fol25 lowing new paragraph: 


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1 ‘‘(3) STATE LAW EXCEPTION.—A public hous2 ing agency or an owner of federally assisted housing 

3 may not establish standards prohibiting admission to 

4 the program or admission to federally assisted hous5 ing for any household with a member who engages 

6 in the use, distribution, possession, sale, or manufac7 ture of marijuana, as defined in section 102 of the 

8 Controlled Substances Act (21 U.S.C. 802), that is 

9 in compliance with the law of the State in which 

10 such use, distribution, possession, sale, or manufac11 ture takes place.’’; and 

12 (B) in subsection (c), by adding after and 

13 below paragraph (2) the following flush matter: 

14 ‘‘For the purposes of this subsection, the term ‘criminal 

15 activity’ does not include the use, distribution, possession, 

16 sale, or manufacture of marijuana, as defined in section 

17 102 of the Controlled Substances Act (21 U.S.C. 802), 

18 that is in compliance with the law of the State in which 

19 such use, distribution, possession, sale, or manufacture 

20 takes place.’’; 

21 (2) in section 577 (42 U.S.C. 13662), by add22 ing at the end the following: 

23 ‘‘(c) STATE LAW EXCEPTION.—For the purposes of 

24 this section, the term ‘illegal use of a controlled substance’ 

25 does not include the use, distribution, possession, sale, or 


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1 manufacture of marijuana, as defined in section 102 of 

2 the Controlled Substances Act (21 U.S.C. 802), that is 

3 in compliance with the law of the State in which such use, 

4 distribution, possession, sale, or manufacture takes 

5 place.’’; 

6 (3) in section 579 (42 U.S.C. 13664), by add7 ing at the end the following: 

8 ‘‘(4) STATE.—The term ‘State’ means— 

9 ‘‘(A) each of the several States of the 

10 United States; 

11 ‘‘(B) the District of Columbia; 

12 ‘‘(C) the Commonwealth of Puerto Rico; 

13 ‘‘(D) Guam; 

14 ‘‘(E) American Samoa; 

15 ‘‘(F) the Commonwealth of the Northern 

16 Mariana Islands; 

17 ‘‘(G) the Federated States of Micronesia; 

18 ‘‘(H) the Republic of the Marshall Islands; 

19 ‘‘(I) the Republic of Palau; and 

20 ‘‘(J) the United States Virgin Islands.’’; 

21 and 

22 (4) by inserting after section 579 (42 U.S.C. 

23 13664) the following: 


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1 ‘‘SEC. 580. ENFORCEMENT; SMOKE-FREE ZONES. 

2 ‘‘(a) DEFINITION.—In this section, the term ‘mari3 juana’ has the meaning given the term in section 102 of 

4 the Controlled Substances Act (21 U.S.C. 802). 

5 ‘‘(b) ENFORCEMENT.—The Secretary may not pro6 hibit or otherwise discourage any activity involving the 

7 use, distribution, possession, sale, or manufacture of mari8 juana in federally assisted housing that is in compliance 

9 with the law of the State in which such activity takes 

10 place. 

11 ‘‘(c) HUD SMOKE-FREE ZONES.—Not later than 90 

12 days after the date of the enactment of the Marijuana in 

13 Federally Assisted Housing Parity Act of 2024, the Sec14 retary shall issue regulations that restrict smoking mari15 juana in federally assisted housing in the same manner 

16 and same locations as the Secretary restricts smoking to17 bacco in public housing under subpart G of part 965 of 

18 title 24, Code of Federal Regulations (or any cor19 responding similar regulation).’’. 

Æ 


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