S 3537

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IN THE SENATE OF THE UNITED STATES

December 17, 2025

Mr. Booker (for himself and Mr. Hickenlooper) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs

A BILL

To 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.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the “Marijuana in Federally Assisted Housing Parity Act of 2025”.

SEC. 2. AMENDMENTS TO UNITED STATES HOUSING ACT OF 1937.

The United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) is amended—

(1) in section 3(b)(9) (42 U.S.C. 1437a(b)(9))—

(A) by striking “activity’ means” and inserting “activity’—

“(A) means”;

(B) by striking the period at the end and inserting “; and”; and

(C) by adding at the end the following:

“(B) does not include any such manufacture, sale, distribution, use, or possession of marijuana, as defined in that section, that is in compliance with the law of the State in which such manufacture, sale, distribution, use, or possession takes place.”;

(2) in section 6 (42 U.S.C. 1437d)—

(A) in subsection (l), in the matter preceding subsection (m)—

(i) by striking “paragraph (5)” and inserting “paragraph (6)”;

(ii) by striking “activity’ means” and inserting “activity’—

“(1) means”;

(iii) by striking the period at the end and inserting “; and”; and

(iv) by adding at the end the following:

“(2) does not include any such manufacture, sale, distribution, use, or possession of marijuana, as defined in that section, that is in compliance with the law of the State in which such manufacture, sale, distribution, use, or possession takes place.”; and

(B) in subsection (t)(7)(C)—

(i) by striking “substance’ means” and inserting “substance’—

“(i) means”;

(ii) by striking the period at the end and inserting “; and”; and

(iii) by adding at the end the following:

“(ii) does not include the use of marijuana, as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802), that is in compliance with the law of the State in which use takes place.”; and

(3) in section 8(f)(5) (42 U.S.C. 1437f(f)(5))—

(A) by striking “activity’ means” and inserting “activity’—

“(A) means”;

(B) by striking the period at the end and inserting “; and”; and

(C) by adding at the end the following:

“(B) does not include any such manufacture, sale, distribution, use, or possession of marijuana, as defined in that section, that is in compliance with the law of the State in which such manufacture, sale, distribution, use, or possession takes place.”.

SEC. 3. AMENDMENTS TO QUALITY HOUSING AND WORK RESPONSIBILITY ACT OF 1998.

Subtitle F of title V of the Quality Housing and Work Responsibility Act of 1998 is amended—

(1) in section 576 (42 U.S.C. 13661)—

(A) in subsection (b)—

(i) in paragraph (1), by striking “Notwithstanding” and inserting “Except as provided in paragraph (3) and notwithstanding”;

(ii) in paragraph (2), by inserting “other than the use of marijuana described in paragraph (3)” after “controlled substance” each place such term appears; and

(iii) by adding at the end the following:

“(3) State law exception.—A public housing agency or an owner of federally assisted housing may not establish standards prohibiting admission to the program or admission to federally assisted housing for any household with a member who engages in the use, distribution, possession, sale, or manufacture of marijuana, as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802), that is in compliance with the law of the State in which such use, distribution, possession, sale, or manufacture takes place.”; and

(B) in subsection (c), by adding at the end the following: “In this subsection, the term ‘criminal activity’ does not include the use, distribution, possession, sale, or manufacture of marijuana, as defined in section 102 of the Controlled Substances Act (21 U.S.C.

802), that is in compliance with the law of the State in which such use, distribution, possession, sale, or manufacture takes place.”;

(2) in section 577 (42 U.S.C. 13662), by adding at the end the following:

“(c) State Law Exception.—In this section, the term ‘illegal use of a controlled substance’ does not include the use, distribution, possession, sale, or manufacture of marijuana, as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802), that is in compliance with the law of the State in which such use, distribution, possession, sale, or manufacture takes place.”;

(3) in section 579(a) (42 U.S.C. 13664(a)), by adding at the end the following:

“(4) State.—The term ‘State’ means—

“(A) each of the several States of the United States;

“(B) the District of Columbia;

“(C) the Commonwealth of Puerto Rico;

“(D) Guam;

“(E) American Samoa;

“(F) the Commonwealth of the Northern Mariana Islands;

“(G) the Federated States of Micronesia;

“(H) the Republic of the Marshall Islands;

“(I) the Republic of Palau; and

“(J) the United States Virgin Islands.”; and

(4) by inserting after section 579 (42 U.S.C. 13664) the following:

“SEC. 580. ENFORCEMENT; SMOKE-FREE ZONES.

“(a) Definition.—In this section, the term ‘marijuana’ has the meaning given the term in section 102 of the Controlled Substances Act (21 U.S.C. 802).

“(b) Enforcement.—The Secretary may not prohibit or otherwise discourage any activity involving the use, distribution, possession, sale, or manufacture of marijuana in federally assisted housing that is in compliance with the law of the State in which such activity takes place.

“(c) HUD Smoke-Free Zones.—Not later than 90 days after the date of the enactment of the Marijuana in Federally Assisted Housing Parity Act of 2025, the Secretary shall issue regulations that restrict smoking marijuana in federally assisted housing in the same manner and same locations as the Secretary restricts smoking tobacco in public housing under subpart G of part 965 of title 24, Code of Federal Regulations (or any corresponding similar regulation).”. <all>