Sponsors (2)
The bill protects tenants in federally assisted housing from being denied admission or evicted for state-legal marijuana use, while imposing administrative costs and legal/enforcement tensions on housing agencies and property owners and leaving uneven protections across states.
People living in federally assisted housing (public housing and Section 8) who comply with State marijuana laws cannot be denied admission or have tenancy terminated for that marijuana activity, reducing evictions and loss of assistance for low-income renters.
Clarifies HUD and public housing agency obligations by excluding state-legal marijuana conduct from 'illegal use of a controlled substance' for housing eligibility/termination, reducing ambiguity for administrators and standardizing treatment of lawful state conduct.
Extends the tenant protections to U.S. territories and freely associated states by including them in the definition of 'State', ensuring those jurisdictions' residents receive the same exclusions from punitive housing actions for state-legal marijuana conduct.
HUD and public housing authorities must develop and implement new rules (including smoke restrictions) and adjust enforcement practices quickly, creating increased administrative burden and implementation costs for agencies.
Potential legal uncertainty and conflict persists because the exclusion references state-legal marijuana while marijuana remains a federal controlled substance, which could prompt litigation and complicate enforcement decisions.
Tenants who legally use marijuana under state law may still face sanctions or eviction if they smoke in areas restricted by new HUD smoke-free rules, creating a conflict between protected state-legal conduct (e.g., possession/edibles) and smoking prohibitions.
Based on analysis of 3 sections of legislative text.
Excludes state‑law‑compliant marijuana activity from federal grounds for denying admission or terminating tenancy in federally assisted housing, while allowing HUD to restrict marijuana smoking similar to tobacco rules.
Introduced December 17, 2025 by Cory Anthony Booker · Last progress December 17, 2025
Makes marijuana activity that is legal under a State’s law no longer a federal ground for denying admission to or terminating tenancy in federally assisted housing. It amends multiple housing statutes to exclude state‑law‑compliant marijuana possession, use, manufacture, sale, or distribution from definitions of prohibited activity, requires HUD to refrain from banning or discouraging such activity, and directs HUD to issue rules within 90 days to restrict smoking marijuana in federally assisted housing in the same locations where tobacco smoking is restricted.