Booker, Norton Reintroduce Legislation to Safeguard Marijuana Rights in Federally Assisted Housing

WASHINGTON, D.C. – Today, U.S. Senator Cory Booker (D-NJ) and U.S. Congresswoman Eleanor Holmes Norton (D-DC) reintroduced legislation that would ensure individuals living in federally funded housing would not be denied admission or face eviction for using marijuana in states where usage is legal. The Marijuana in Federally Assisted Housing Parity Act would permit the use of marijuana in federally assisted housing, including public housing and Section 8 housing, in compliance with laws of the state where the property is located.

“This legislation challenges the discriminatory practices that still negatively impact tenants in federal housing programs, and ensures that personal choices made in accordance with state law are protected,” said Senator Booker. “No one should face eviction or be denied housing for legally using marijuana or treating a medical condition in states where it is permitted.”

“Individuals living in federally assisted housing should not be denied admission or fear eviction simply for treating their medical conditions or using a substance legal under state law,” Congresswoman Norton said. “Increasingly, Americans are changing their views on marijuana, and it is time that Congress caught up with its own constituents. With so many states improving their laws, this issue should have broad bipartisan appeal.”

Under current federal law, landlords are able to evict residents of federally assisted housing for drug use, even if the substance is legal in the state where the property is located. Both adult use and medical use of marijuana are legal in 38 states and Washington, D.C., and over 90 percent of Americans support legalized medical marijuana.

Specifically, the Marijuana in Federally Assisted Housing Parity Act:

1. Amends the United States Housing Act to prohibit legal action against tenants in federal housing that are taking part in the sale, distribution, use, or possession of marijuana in compliance with the law of the state in which the manufacture, sale, distribution, use, or possession takes place.
2. Restricts a public housing agency or an owner of federally assisted housing from establishing standards prohibiting admission to the federal housing 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 that complies with the law of the State.
3. Directs HUD to 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.

The full text of the bill can be found here.