I 
116TH CONGRESS 
1ST SESSION H. R. 2338 
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 
APRIL 18, 2019 
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 compli-
ance with State law may not be denied occupancy of 
federally assisted housing, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Marijuana in Federally 
Assisted Housing Parity Act of 2019’’. 
SEC. 2. AMENDMENTS TO UNITED STATES HOUSING ACT OF 
1937. 
The United States Housing Act of 1937 is amended 
as follows: 
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ture, 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, 
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’’. 
(3) DRUG-RELATED
CRIMINAL
ACTIVITY
DE-
FINED.—In section 8(f)(5) (42 U.S.C. 1437f(f)(5)), 
by inserting before the period at the end the fol-
lowing: ‘‘, 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, distribu-
tion, use, or possession takes place’’. 
SEC. 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)— 
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(A) in subsection (b)— 
(i) in paragraph (1), by striking ‘‘Not-
withstanding’’ and inserting ‘‘Except as 
provided in paragraph (3) and notwith-
standing’’; 
(ii) in paragraph (2), by inserting 
‘‘other than the use of marihuana de-
scribed in paragraph (3),’’ after ‘‘con-
trolled substance’’ each place such term 
appears; and 
(iii) by adding at the end the fol-
lowing new paragraph: 
‘‘(3) STATE LAW EXCEPTION.—A public hous-
ing 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 Con-
trolled Substances Act (21 U.S.C. 802)) in compli-
ance with the law of the State in which such use, 
distribution, possession, sale, or manufacture takes 
place.’’; and 
(B) in subsection (c), by adding after and 
below paragraph (2) the following flush matter: 
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‘‘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 de-
fined 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 add-
ing at the end the following new subsection: 
‘‘(c) STATE LAW EXCEPTION.—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 fol-
lowing new paragraph: 
‘‘(4) STATE.—The term ‘State’ means the sev-
eral States, the District of Columbia, the Common-
wealth of Puerto Rico, the territories and posses-
sions of the United States, and the Trust Territory 
of the Pacific Islands.’’; and 
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(4) by adding at the end the following new sec-
tion: 
‘‘SEC. 580. ENFORCEMENT; SMOKE-FREE ZONES. 
‘‘(a) ENFORCEMENT.—The Secretary may not pro-
hibit or otherwise discourage any activity involving the 
use, distribution, possession, sale, or manufacture of mari-
huana 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 2019, the Sec-
retary shall issue regulations that restrict smoking mari-
huana in federally assisted housing in the same manner 
and same locations as the Secretary restricts smoking to-
bacco in public housing under subpart G of title 24, Code 
of Federal Regulations (or any successor regulation). 
‘‘(c) MARIHUANA DEFINED.—In this section, the 
term ‘marihuana’ has the meaning given such term in sec-
tion 102 of the Controlled Substances Act (21 U.S.C. 
802).’’. 
Æ 
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