[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3671 Introduced in Senate (IS)]
<DOC>
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.
Be it enacted by the Senate and House of Representatives 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 2024''.
SEC. 2. AMENDMENTS TO UNITED STATES HOUSING ACT OF 1937.
The United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) is
amended--
(1) in section 3(b)(9) (42 U.S.C. 1437a(b)(9))--
(A) by striking ``activity' means'' and inserting
``activity'--
``(A) means'';
(B) by striking the period at the end and inserting
``; and''; and
(C) by adding at the end the following:
``(B) does not include any such manufacture, sale,
distribution, use, or possession of marijuana, as
defined in that section, that is in compliance with the
law of the State in which such manufacture, sale,
distribution, use, or possession takes place.'';
(2) in section 6 (42 U.S.C. 1437d)--
(A) in subsection (l), in the matter preceding
subsection (m)--
(i) by striking ``paragraph (5)'' and
inserting ``paragraph (6)'';
(ii) by striking ``activity' means'' and
inserting ``activity'--
``(1) means'';
(iii) by striking the period at the end and
inserting ``; and''; and
(iv) by adding at the end the following:
``(2) does not include any such manufacture, sale,
distribution, use, or possession of marijuana, as defined in
that 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)--
(i) by striking ``substance' means'' and
inserting ``substance'--
``(i) means'';
(ii) by striking the period at the end and
inserting ``; and''; and
(iii) by adding at the end the following:
``(ii) does not include the use of
marijuana, 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 use takes place.''; and
(3) in section 8(f)(5) (42 U.S.C. 1437f(f)(5))--
(A) by striking ``activity' means'' and inserting
``activity'--
``(A) means'';
(B) by striking the period at the end and inserting
``; and''; and
(C) by adding at the end the following:
``(B) does not include any such manufacture, sale,
distribution, use, or possession of marijuana, as
defined in that section, that is in compliance with the
law of the State in which such manufacture, sale,
distribution, 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)--
(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 marijuana 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 admission to federally
assisted housing for any household with a member who engages in
the use, distribution, possession, sale, or manufacture of
marijuana, 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.''; 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'
does not include the use, distribution, possession, sale, or
manufacture of marijuana, 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.'';
(2) in section 577 (42 U.S.C. 13662), by adding at the end
the following:
``(c) State Law Exception.--For the purposes of this section, the
term `illegal use of a controlled substance' does not include the use,
distribution, possession, sale, or manufacture of marijuana, 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 (42 U.S.C. 13664), by adding at the end
the following:
``(4) State.--The term `State' means--
``(A) each of the several States of the United
States;
``(B) the District of Columbia;
``(C) the Commonwealth of Puerto Rico;
``(D) Guam;
``(E) American Samoa;
``(F) the Commonwealth of the Northern Mariana
Islands;
``(G) the Federated States of Micronesia;
``(H) the Republic of the Marshall Islands;
``(I) the Republic of Palau; and
``(J) the United States Virgin Islands.''; and
(4) by inserting after section 579 (42 U.S.C. 13664) the
following:
``SEC. 580. ENFORCEMENT; SMOKE-FREE ZONES.
``(a) Definition.--In this section, the term `marijuana' has the
meaning given the term in section 102 of the Controlled Substances Act
(21 U.S.C. 802).
``(b) Enforcement.--The Secretary may not prohibit or otherwise
discourage any activity involving the use, distribution, possession,
sale, or manufacture of marijuana in federally assisted housing that is
in compliance with the law of the State in which such activity takes
place.
``(c) 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 2024, the Secretary shall issue regulations that restrict
smoking marijuana in federally assisted housing in the same manner and
same locations as the Secretary restricts smoking tobacco in public
housing under subpart G of part 965 of title 24, Code of Federal
Regulations (or any corresponding similar regulation).''.
<all>