Medical Cannabis and Housing

In the 2014 legislative session, the Medical Cannabis Coalition of Hawaii was instrumental in passing Act 60, which reads as follows:

A provision in a rental agreement allowing for eviction of a tenant who has a valid certificate for the medical use of marijuana as provided in section 329-123 in any form is void, unless the rental agreement allows for eviction for smoking tobacco and the medical marijuana is used by means of smoking; provided that this section shall not apply where the articles of incorporation, declaration, bylaws, administrative rules, house rules, association documents, or a similar document of a condominium property regime or planned community association prohibits the medical use of marijuana.”

This act is somewhat limited, and the effective date is not until November 1st of 2014, but it does prevent landlords from using the terms of a lease agreement to evict medical cannabis patients for using cannabis.

If house rules or similar documents prohibit the use of marijuana, those provisions are not voided, so pay close attention to what the various documents say.

Please be careful, and remember that this information is general. Patients concerned about their housing should consult an attorney for legal advice.

Another resource that may be helpful if you find yourself in a position where your landlord is threatening you with eviction on the grounds of your legal medical cannabis use, is fair housing hawaii.They have prepared this document detailing the rights of medical marijuana patients in housing disputes, but it does not yet include information on Act 60.