Marijuana in Federally Assisted Housing Parity Act of 2019

Bill: 116-hr-2338
Sponsor: full_name: Del. Norton, Eleanor Holmes [D-DC-At Large]
Introduced: 2019-04-18
Policy area: Housing and Community Development
Subjects: Administrative law and regulatory procedures

Department of Housing and Urban Development

Drug, alcohol, tobacco use

Housing discrimination

Low- and moderate-income housing

Public housing

State and local government operations
Latest action: action_date: 2019-04-18
text: Referred to the House Committee on Financial Services.

Summaries:
action_date: 2019-04-18
action_desc: Introduced in House
text: <p><strong>Marijuana in Federally Assisted Housing Parity Act of 2019</strong></p> <p>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&nbsp;may not prohibit or discourage the use of marijuana in federally assisted housing if such use is in compliance with state law.</p>

tv_txt: I 116th CONGRESS 1st Session H. R. 2338 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 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 2019 . 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) ), 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 . (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) 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, 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 defined 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 . 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 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: (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 )) in compliance 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: 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: (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 following new paragraph: (4) State The term State means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the territories and possessions of the United States, and the Trust Territory of the Pacific Islands. ; 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 2019 , 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). (c) Marihuana defined 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 ). .