I 

118TH CONGRESS 

2D SESSION H. R. 7094 

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 HOUSE OF REPRESENTATIVES 

JANUARY 25, 2024 

Ms. NORTON introduced the following bill; which was referred to the 

Committee on Financial Services 

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 is amended 

9 as follows: 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
2 

•HR 7094 IH

1 (1) DRUG-RELATED CRIMINAL ACTIVITY DE2 FINED.—In section 3(b)(9) (42 U.S.C. 1437a(b)(9)), 

3 by inserting before the period at the end the fol4 lowing: ‘‘, except that such term shall not include 

5 any such manufacture, sale, distribution, use, or 

6 possession of marihuana (as such term is defined in 

7 such section) that is in compliance with the law of 

8 the State in which such manufacture, sale, distribu9 tion, use, or possession takes place’’. 

10 (2) CURRENTLY ENGAGING IN THE ILLEGAL

11 USE OF A CONTROLLED SUBSTANCE AND DRUG-RE12 LATED CRIMINAL ACTIVITY DEFINED.—In section 6 

13 (42 U.S.C. 1437d)— 

14 (A) in subsection (l), in the last sentence 

15 after paragraph (9)— 

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

17 inserting ‘‘paragraph (6)’’; and 

18 (ii) by inserting before the period at 

19 the end the following: ‘‘, except that such 

20 term shall not include any such manufac21 ture, sale, distribution, use, or possession 

22 of marihuana (as such term is defined in 

23 such section) that is in compliance with the 

24 law of the State in which such manufacVerDate Sep 11 2014 05:00 Jan 31, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7094.IH H7094

kjohnson on DSK7ZCZBW3PROD with $$_JOB
3 

•HR 7094 IH

1 ture, sale, distribution, use, or possession 

2 takes place’’; and 

3 (B) in subsection (t)(7)(C), by inserting 

4 before the period at the end the following: ‘‘, 

5 except that such term shall not include the use 

6 of marihuana (as such term is defined in sec7 tion 102 of the Controlled Substances Act (21 

8 U.S.C. 802)) that is in compliance with the law 

9 of the State in which such use takes place’’. 

10 (3) DRUG-RELATED CRIMINAL ACTIVITY DE11 FINED.—In section 8(f)(5) (42 U.S.C. 1437f(f)(5)), 

12 by inserting before the period at the end the fol13 lowing: ‘‘, except that such term shall not include 

14 any such manufacture, sale, distribution, use, or 

15 possession of marihuana (as such term is defined in 

16 such section) that is in compliance with the law of 

17 the State in which such manufacture, sale, distribu18 tion, use, or possession takes place’’. 

19 SEC. 3. AMENDMENTS TO QUALITY HOUSING AND WORK 

20 RESPONSIBILITY ACT OF 1998. 

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

22 Responsibility Act of 1998 is amended— 

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

24 (A) in subsection (b)— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
4 

•HR 7094 IH

1 (i) in paragraph (1), by striking ‘‘Not2 withstanding’’ and inserting ‘‘Except as 

3 provided in paragraph (3) and notwith4 standing’’; 

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

6 ‘‘other than the use of marihuana de7 scribed in paragraph (3),’’ after ‘‘con8 trolled substance’’ each place such term 

9 appears; and 

10 (iii) by adding at the end the fol11 lowing new paragraph: 

12 ‘‘(3) STATE LAW EXCEPTION.—A public hous13 ing agency or an owner of federally assisted housing 

14 may not establish standards prohibiting admission to 

15 the program or federally assisted housing to any 

16 household with a member who engages in the use, 

17 distribution, possession, sale, or manufacture of 

18 marihuana (as defined in section 102 of the Con19 trolled Substances Act (21 U.S.C. 802)) in compli20 ance with the law of the State in which such use, 

21 distribution, possession, sale, or manufacture takes 

22 place.’’; and 

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

24 below paragraph (2) the following flush matter: 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
5 

•HR 7094 IH

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

2 activity’ shall not include the use, distribution, possession, 

3 sale, or manufacture of marihuana (as such term is de4 fined in section 102 of the Controlled Substances Act (21 

5 U.S.C. 802)) that is in compliance with the law of the 

6 State in which such use, distribution, possession, sale, or 

7 manufacture takes place.’’; 

8 (2) in section 577 (42 U.S.C. 13662), by add9 ing at the end the following new subsection: 

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

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

12 shall not include the use, distribution, possession, sale, or 

13 manufacture of marihuana (as defined in section 102 of 

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

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

16 distribution, possession, sale, or manufacture takes 

17 place.’’; 

18 (3) in section 579, by adding at the end the fol19 lowing new paragraph: 

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

21 of the United States, the District of Columbia, and 

22 any commonwealth, territory, or possession of the 

23 United States.’’; and 

24 (4) by adding at the end the following new sec25 tion: 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
6 

•HR 7094 IH

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

2 ‘‘(a) ENFORCEMENT.—The Secretary may not pro3 hibit or otherwise discourage any activity involving the 

4 use, distribution, possession, sale, or manufacture of mari5 huana in federally assisted housing that is in compliance 

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

7 place. 

8 ‘‘(b) HUD SMOKE-FREE ZONES.—Not later than 90 

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

10 Federally Assisted Housing Parity Act of 2024, the Sec11 retary shall issue regulations that restrict smoking mari12 huana in federally assisted housing in the same manner 

13 and same locations as the Secretary restricts smoking to14 bacco in public housing under subpart G of title 24, Code 

15 of Federal Regulations (or any successor regulation). 

16 ‘‘(c) MARIHUANA DEFINED.—In this section, the 

17 term ‘marihuana’ has the meaning given such term in sec18 tion 102 of the Controlled Substances Act (21 U.S.C. 

19 802).’’. 

Æ 


kjohnson on DSK7ZCZBW3PROD with $$_JOB