Sponsors (2)
The bill protects tenants in federally assisted housing from denial or eviction for marijuana conduct that is legal under their State—extending protections (including to territories)—but shifts enforcement and rulemaking burdens to housing authorities and creates legal and policy tensions with federal law, smoke-free rules, and owners' funding obligations.
Renters and low-income residents in federally assisted housing: cannot be denied admission or have tenancy terminated solely for marijuana conduct that is legal under their State.
Residents of U.S. territories and freely associated states: receive clarified statutory coverage so state-legal marijuana conduct in those jurisdictions is explicitly protected from housing denial/termination.
Tenants who comply with State marijuana laws: face a reduced risk of losing federally assisted housing because such conduct is excluded from the definition of 'illegal use of a controlled substance' for eligibility and termination purposes.
Public housing agencies and landlords nationwide: will face increased administrative and enforcement burdens (including a 90-day rulemaking requirement) to implement new rules and distinguish protected state-legal marijuana conduct from prohibited activity.
Public housing agencies, tenants, and courts: face potential legal uncertainty and litigation risk because the exclusion references federal definitions while marijuana remains a federal controlled substance.
Tenants who legally use marijuana but smoke in prohibited common areas: may still face sanctions or eviction under HUD smoke-free regulations, creating conflicts between protected possession/use and smoking rules.
Based on analysis of 3 sections of legislative text.
Bars denial or termination of federally assisted housing based on marijuana conduct lawful under state law and directs HUD to adopt marijuana‑smoking rules like tobacco rules.
Official title: 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.
Introduced December 17, 2025 by Cory Anthony Booker · Last progress December 17, 2025
Changes federal public‑housing law so that marijuana conduct that is legal under a State’s law cannot be used as a basis to deny admission to or terminate tenancy in federally assisted housing. It amends Housing Act definitions to exclude state‑law‑compliant marijuana activity and directs HUD to issue regulations within 90 days to treat marijuana smoking restrictions the same as tobacco smoking rules in federally assisted housing. The bill narrows federal grounds for eviction or refusal of assistance based on marijuana manufacture, sale, distribution, use, or possession when those activities are lawful under the State where they occur, and clarifies that “State” includes territories and freely associated states.