Sponsors (2)
The bill preserves housing access and prevents eviction/denial for federally assisted renters who follow state marijuana laws and directs HUD to set smoking rules, but it increases exposure and nuisance risks, introduces legal tension with federal drug law, and creates administrative and potential taxpayer costs.
Renters and families in federally assisted or public housing who comply with state marijuana laws cannot be denied admission or evicted solely for that conduct, preserving housing access and stability for low-income individuals and households.
HUD must issue uniform rules limiting where marijuana may be smoked in assisted housing, creating clearer, consistent smoke-free zones for residents concerned about secondhand smoke and nuisance.
The bill aligns federal housing program rules with state marijuana legalization by clarifying that HUD and housing providers may not bar or punish state-legal marijuana activity, reducing conflicts between federal housing policy and state law and lowering the risk HUD discourages lawful state conduct.
Residents who oppose marijuana use may face increased exposure to on-site use or smoke and related nuisances, potentially harming people with health vulnerabilities or disabilities.
The change creates tension with federal criminal law (Controlled Substances Act) because marijuana remains illegal federally, producing legal ambiguity and potential conflicts between federal enforcement and housing program rules.
Public housing agencies, owners, and HUD may face increased legal and administrative complexity balancing federal obligations and varying state marijuana statutes, raising compliance burdens and staff training needs.
Based on analysis of 3 sections of legislative text.
Exempts marijuana activity lawful under state law from federal housing rules that can deny admission or terminate tenancy and directs HUD to set smoking restrictions like tobacco rules.
Introduced December 17, 2025 by Eleanor Holmes Norton · Last progress December 17, 2025
Exempts marijuana conduct that is lawful under state law from federal housing rules that currently treat marijuana use, possession, distribution, or manufacture as “drug-related criminal activity” or “illegal use of a controlled substance.” The change prevents federally assisted housing programs from denying admission or terminating tenancy solely because a household member engages in marijuana activity that is legal in the State where it occurs. It also bars HUD from discouraging state-legal marijuana activity in assisted housing and requires HUD to issue rules within 90 days restricting marijuana smoking in federally assisted housing in the same places HUD already restricts tobacco smoking. The bill modifies several provisions of the U.S. Housing Act and related public-housing statutes to insert these state-law exceptions, adds a definition of “State” to include D.C. and territories, adopts the federal Controlled Substances Act definition of “marihuana,” and fixes one internal cross-reference number in existing housing law.