The bill protects renters — including low-income and HUD-assisted tenants — from denial or eviction for state-law-compliant marijuana use, but it creates conflicts with federal drug-free requirements, potential health/nuisance risks in multiunit housing, and administrative/legal friction for housing authorities and taxpayers.
Renters (including low-income and federally assisted tenants) in States where marijuana is legal cannot be denied admission or evicted solely for state-law-compliant marijuana use or possession.
Seniors and people with disabilities living in HUD-assisted housing face a lower risk of losing housing for lawful, state-compliant marijuana use.
Public housing authorities and voucher programs receive clearer limits on when federal drug-disqualification actions apply, reducing administratively driven evictions where state law permits marijuana.
Public housing authorities, landlords, and housing programs lose some ability to screen, deny, or evict applicants or tenants for marijuana-related conduct even though marijuana remains illegal under federal law, creating legal and operational conflicts.
Tenants (especially in multiunit buildings, seniors, and children) could face increased exposure to smoke or nuisance behavior if landlords cannot act against marijuana-related conduct, raising health and safety risks.
HUD being barred from discouraging state-law-compliant marijuana activity may complicate enforcement of federal drug-free program requirements and create legal ambiguities for federal programs and grantees.
Based on analysis of 3 sections of legislative text.
Treats marijuana activity lawful under State law as not disqualifying for federally assisted housing, bans HUD from discouraging it, and requires HUD smoking rules within 90 days.
Introduced December 17, 2025 by Cory Anthony Booker · Last progress December 17, 2025
Allows people who engage in marijuana activity that is legal under their State law to apply for and live in federally assisted housing without being denied admission or treated as an "illegal drug" user for that conduct. It rewrites several federal housing definitions to exclude state-law-compliant marijuana manufacture, sale, distribution, use, or possession, expands the statutory definition of "State" to explicitly include territories and freely associated states, and directs HUD to issue rules within 90 days limiting marijuana smoking in federally assisted housing consistent with existing tobacco-smoking regulations.