[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3671 Introduced in Senate (IS)]

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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).''.
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