PRINTER'S NO. 1513
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
986
Session of
2023
INTRODUCED BY RABB, KENYATTA, MADDEN, SANCHEZ, HILL-EVANS,
HOHENSTEIN, PARKER, FLEMING, KRAJEWSKI AND GREEN,
JUNE 12, 2023
REFERRED TO COMMITTEE ON COMMERCE, JUNE 12, 2023
AN ACT
Amending the act of April 17, 2016 (P.L.84, No.16), entitled "An
act establishing a medical marijuana program; providing for
patient and caregiver certification and for medical marijuana
organization registration; imposing duties on the Department
of Health; providing for a tax on medical marijuana
organization gross receipts; establishing the Medical
Marijuana Program Fund; establishing the Medical Marijuana
Advisory Board; establishing a medical marijuana research
program; imposing duties on the Department of Corrections,
the Department of Education and the Department of Human
Services; and providing for academic clinical research
centers and for penalties and enforcement," in miscellaneous
provisions, providing for commercial tenant protections.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of April 17, 2016 (P.L.84, No.16), known
as the Medical Marijuana Act, is amended by adding a section to
read:
Section 2107.1. Commercial tenant protections.
(a) General rule.--No landlord that has entered into a lease
for commercial premises with a tenant that is a medical
marijuana organization and has a valid permit issued to the
medical marijuana organization by the department under this act
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may evict, threaten to evict or otherwise discriminate against
the tenant for the lawful sale or possession of medical
marijuana on the commercial premises.
(b) Civil action.--
(1) A tenant who alleges a violation of subsection (a)
may bring a civil action in a court of competent jurisdiction
for appropriate injunctive relief or damages, or both, within
180 days after the occurrence of the alleged violation.
(2) It shall be a defense to an action under this
section if the landlord proves, by a preponderance of the
evidence, that the action by the landlord occurred for
separate and legitimate reasons which are not merely
pretextual.
(3) In rendering a judgment in an action brought under
this subsection, a court may order any relief the court
considers appropriate. The court may also award the tenant
all or a portion of the costs of litigation, including
reasonable attorney fees and witness fees, if the tenant
prevails in the action.
Section 2. This act shall take effect in 60 days.
20230HB0986PN1513 - 2 -
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