Marijuana in Federally Assisted Housing Parity Act of 2021

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 2021 2. Amendments to United States Housing Act of 1937 The United States Housing Act of 1937 is amended as follows: (1) Drug-related criminal activity defined In section 3(b)(9) ( 42 U.S.C. 1437a(b)(9) , 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 (2) Currently engaging in the illegal use of a controlled substance and drug-related criminal activity defined In section 6 ( 42 U.S.C. 1437d (A) in subsection (l), in the last sentence after paragraph (9)— (i) by striking paragraph (5) paragraph (6) (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 (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, 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 (3) Drug-related criminal activity defined In section 8(f)(5) ( 42 U.S.C. 1437f(f)(5) , 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 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 Except as provided in paragraph (3) and notwithstanding (ii) in paragraph (2), by inserting other than the use of marihuana described in paragraph (3), controlled substance (iii) by adding at the end the following new paragraph: (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 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 ; and (B) in subsection (c), by adding after and below paragraph (2) the following flush matter: For the purposes of this subsection, the term criminal activity 21 U.S.C. 802 ; (2) in section 577 ( 42 U.S.C. 13662 (c) State law exception For the purposes of this section, the term illegal use of a controlled substance 21 U.S.C. 802 ; (3) in section 579, by adding at the end the following new paragraph: (4) State The term State ; and (4) by adding at the end the following new section: 580. Enforcement; smoke-free zones (a) Enforcement 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. (b) 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 2021 (c) Marihuana defined In this section, the term marihuana 21 U.S.C. 802 .

Summary: Marijuana in Federally Assisted Housing Parity Act of 2021 This bill specifies that (1) an individual may not be denied occupancy of federally assisted housing on the basis of using marijuana in compliance with state law, and (2) the Department of Housing and Urban Development may not prohibit or discourage the use of marijuana in federally assisted housing if such use is in compliance with state law.