HOUSE OF REPRESENTATIVES

H.B. NO.

1928

THIRTY-FIRST LEGISLATURE, 2022

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO NUISANCE ABATEMENT.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The legislature finds that as more states across the country consider legalizing the dispensing and cultivation of medical cannabis, nuisance disputes on secondhand cannabis smoke and odor will be an ever-challenging issue for public officials to address and resolve.  The cannabis plant can produce many distinct odors that may be pleasing to users but noxious or characteristically "skunk-like" to non-smokers.  Researchers have recently classified one family of cannabis-related chemicals as volatile sulfur compounds, (or VSC), which are organic compounds that contain sulfur, which gives cannabis its characteristic "skunky" aroma.  One of the chemicals classified, 3-methyl-2-butene-1-thiol (or VSC3), was the most common volatile sulfur compound detected in a brand of cannabis plants that was ranked as the most-skunky smelling brand.

     The legislature also finds that the act of combustion during cannabis consumption raises the concerns of secondhand smoke drift, which, when combined with the odors of cannabis, can be a nuisance to nearby residents.  These health risks can be exacerbated for infants, children, pregnant mothers, and people with mobility restrictions, who are limited in their ability to avoid secondhand smoke, even when they are inside their own residences and workplaces.

     The legislature believes that cannabis, just like traditional cigarettes, should not be used in ways that impact the health of others.

     The purpose of this Act is to authorize residents to bring nuisance abatement actions under part V of chapter 712, Hawaii Revised Statutes, to enjoin and abate nuisances related to environmental hazards, including cannabis smoke and odors that drift into any residential unit.

     SECTION 2.  Chapter 712, Hawaii Revised Statutes, is amended by adding a new section to part V to be appropriately designated and to read as follows:

     "§712-     Environmental hazards; cannabis smoking; cannabis odor.  (1)  Subject to the limitations of this section, a resident may bring a nuisance abatement suit under this part to enjoin and abate nuisances that are injurious to health, offensive to the senses, constitute an obstruction to the free use of property, interfere with the comfortable enjoyment of life or property, or are environmental hazards, including cannabis smoke that drifts from a residential or commercial unit into any residential unit that the resident rents, leases, or owns.

     (2)  There shall be no cause of action for a nuisance if the individual, group, or entity generating the cannabis smoke or odor takes measures to mitigate the drifting of the cannabis smoke or odor drift through intensive carbon air filtration.

     (3)  There shall be no cause of action for a nuisance if the individual, group, or entity generating the cannabis smoke or odor reaches an agreement with the complainant as a result of mediation services.

     (4)  There shall be no cause of action for a nuisance if the individual, group, or entity generating the cannabis smoke or odor voluntarily seeks, in a timely manner, alternative non-smoking methods of medical cannabis consumption, including edibles, tinctures, beverages, and pills."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Nuisance; Abatement; Environmental Hazards; Cannabis; Smoke; Odors

 

Description:

Authorizes any resident to bring a nuisance abatement suit under part V of chapter 712, HRS, to enjoin and abate nuisances related to environmental hazards, including cannabis smoke that drifts from a residential or commercial unit into any residential unit the citizen rents, leases, or owns.

 

 

 

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