STAND. COM. REP. NO. 3327

Honolulu, Hawaii

RE:    H.B. No. 1503

       H.D. 1

       S.D. 1

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2014

State of Hawaii

Madam:

     Your Committee on Judiciary and Labor, to which was referred H.B. No. 1503, H.D. 1, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE RESIDENTIAL LANDLORD-TENANT CODE,"

begs leave to report as follows:

     The purpose and intent of this measure is to void rental agreement provisions that allow for the eviction of a tenant who has a valid certificate for the medical use of marijuana unless:

     (1)  The rental agreement allows for eviction for smoking tobacco and the medical marijuana is consumed by smoking; or

     (2)  The articles of incorporation, declaration, bylaws, administrative rules, house rules, association documents, or similar documents of a condominium property regime or planned community association prohibit the medical use of marijuana.

     Your Committee received testimony in support of this measure from the Office of Consumer Protection, Department of Commerce and Consumer Affairs; American Civil Liberties Union of Hawaii; Americans for Safe Access, Big Island Chapter; The Drug Policy Action Group; and one individual.  Your Committee received comments on this measure from one individual.

     Your Committee finds that although this measure makes some important clarifications about the use of medical marijuana by a tenant with a valid certificate for the medical use of marijuana, it does not introduce any new rights for Hawaii tenants.  Rather, this measure clarifies that if smoking tobacco is banned in a residential setting, then smoking medical marijuana is also banned.  However, absent a ban on tobacco smoking, the use of medical marijuana is not banned per se under this measure.

     Your Committee notes the concerns that this measure gives tenants with a valid certificate for the medical use of marijuana protection against eviction in any circumstances.  However, your Committee finds that these concerns do not accurately reflect the intent of this measure.  If a tenant fails to pay rent or otherwise violates a specific lease provision, this measure does not shield that tenant from an eviction process that is unrelated to the medical use of marijuana.  Your Committee further finds that the use of medical marijuana by a tenant, as proposed by this measure, is not intended to supersede other provisions in a rental agreement, such as timely payment of rent.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1503, H.D. 1, S.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

____________________________

CLAYTON HEE, Chair