Legislation that would allow those in public housing to use marijuana without fear of eviction if they are following state law has been refiled in the United States Senate and House of Representatives.
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Congressmember Eleanor Holmes Norton (D-DC) and Senator Cory Booker (D-NJ) introduced the Marijuana in Federally Assisted Housing Parity Act today to permit the use of marijuana in federally assisted housing, including public housing and Section 8 housing, in compliance with the marijuana laws of the state (including the District of Columbia) where the property is located. Under current federal law, users of drugs that are illegal under federal law, including marijuana, are prohibited from being admitted into federally assisted housing.
Federal law also allows landlords to evict residents of federally assisted housing for illegal drug use. Adult-use marijuana, medical marijuana or both are currently legal in D.C., New Jersey and 37 other states, and over 90 percent of Americans support legalized medical marijuana.
“Individuals living in federally funded housing should not fear eviction simply for treating their medical conditions or for seeking a substance legal in their state,” 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 because it protects states’ rights.”
“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.”
For the last several years, Congress has prohibited the Department of Justice from using federal funds to prevent jurisdictions from implementing their medical marijuana laws. This bill would similarly allow individuals to use marijuana in federally assisted housing in compliance with the state’s marijuana laws and would require the Department of Housing and Urban Development (HUD) to develop regulations that restrict smoking marijuana in federally assisted housing in the same manner and to the same locations as HUD restricts smoking tobacco in federally assisted housing.
The House version of the measure is House Bill 7094, while the Senate version if Senate Bill 3671.
