Marijuana in Federally Assisted Housing

Full Title:
Marijuana in Federally Assisted Housing Parity Act of 2025

Summary#

This bill changes several federal housing laws so that marijuana activities that follow state law are not treated as federal "drug-related criminal activity" or "illegal use of a controlled substance." It updates the United States Housing Act of 1937 and the Quality Housing and Work Responsibility Act of 1998 to exclude state-compliant marijuana use, possession, sale, distribution, or manufacture from those federal definitions. The bill says public housing agencies and owners of federally assisted housing may not bar admission or deny occupancy to households with a member who engages in state-legal marijuana activity. It also says the Department of Housing and Urban Development (HUD) may not prohibit or discourage activity involving marijuana that complies with the law of the State where it happens. HUD must issue regulations within 90 days to restrict smoking marijuana in federally assisted housing in the same places and manner HUD restricts tobacco smoking. The bill defines "marijuana" using the definition in the Controlled Substances Act and clarifies that "State" includes the District of Columbia and U.S. territories.

What it means for you#

  • If you live in or apply for federally assisted housing and your state allows certain marijuana activities, those activities cannot be used under these federal housing rules to deny you admission or occupancy.
  • Housing providers must treat state-compliant marijuana activity differently than other controlled-substance violations under the amended federal definitions.
  • Smoking marijuana in housing will still be subject to HUD smoke-free rules that match the agency's tobacco smoking restrictions.

Expenses#

No publicly available information on costs or budget effects is included in the bill text. The bill does require HUD to issue regulations within 90 days, but it does not specify funding or estimated administrative costs.

Proponents' View#

No publicly available information in the bill text about supporters' stated arguments or rationale beyond the bill's text and stated changes.

Opponents' View#

No publicly available information in the bill text about opponents' stated objections or concerns.