Marijuana in Federally Assisted Housing Parity Act of 2025

Summary

Makes state-legal marijuana activity (possession, use, sale, manufacture, distribution) not count as a disqualifying drug “activity” or controlled-substance offense under federal housing law when that activity is lawful under the state where it occurs. It also bars public housing agencies and owners from denying admission on the basis of state-law-compliant marijuana conduct, requires HUD to issue rules restricting marijuana smoking in federally assisted housing in the same locations tobacco smoking is restricted, and prevents HUD from prohibiting or discouraging state-law-compliant marijuana activity in assisted housing. Changes update multiple definitions in the U.S. Housing Act and related quality-of-life provisions to carve out state-law-compliant marijuana conduct, add an inclusive definition of “State” that covers territories and certain freely associated states, and set a 90-day deadline for HUD to issue the required smoking-restriction regulation.

Key Points

• State-law-compliant marijuana possession, use, sale, manufacture, or distribution is excluded from certain federal housing definitions of prohibited activity and controlled substance.
• PHAs and assisted-housing owners cannot deny admission solely because an applicant engages in marijuana conduct that is lawful under state law.
• The statutory phrase “illegal use of a controlled substance” in assisted-housing rules is amended to exclude state-law-compliant marijuana conduct.
• The bill defines “State” to include U.S. territories and certain freely associated states, extending the exception beyond the 50 states.
• HUD is barred from prohibiting or discouraging state-law-compliant marijuana activity in federally assisted housing.
• HUD must issue regulations within 90 days to restrict marijuana smoking in the same places tobacco smoking is restricted in public housing.
• No new funding or appropriations are included; the measure modifies eligibility, admissions, and regulatory requirements.
• Does not change federal criminal law; the carve-out applies only within federal housing statutes and HUD regulatory authority.

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