PRINTER'S NO. 1512
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 985
Session of
2023
INTRODUCED BY RABB, KENYATTA, MADDEN, SANCHEZ, HILL-EVANS,
HOHENSTEIN, PARKER, FLEMING, KRAJEWSKI AND GREEN,
JUNE 12, 2023
REFERRED TO COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT,
JUNE 12, 2023
AN ACT
1 Amending the act of April 17, 2016 (P.L.84, No.16), entitled "An
2 act establishing a medical marijuana program; providing for
3 patient and caregiver certification and for medical marijuana
4 organization registration; imposing duties on the Department
5 of Health; providing for a tax on medical marijuana
6 organization gross receipts; establishing the Medical
7 Marijuana Program Fund; establishing the Medical Marijuana
8 Advisory Board; establishing a medical marijuana research
9 program; imposing duties on the Department of Corrections,
10 the Department of Education and the Department of Human
11 Services; and providing for academic clinical research
12 centers and for penalties and enforcement," in miscellaneous
13 provisions, providing for tenant protections.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. The act of April 17, 2016 (P.L.84, No.16), known
17 as the Medical Marijuana Act, is amended by adding a section to
18 read:
19 Section 2107.1. Tenant protections.
20 (a) Residential tenants.--
21 (1) No landlord may evict, threaten to evict or
22 otherwise discriminate against a residential tenant for the
 1 lawful usage or possession of medical marijuana if the tenant
2 is certified to use medical marijuana.
3 (2) This subsection applies to a tenant who resides in
4 public housing or publicly subsidized housing and is
5 certified to use medical marijuana.
6 (b) Civil action.--
7 (1) A tenant who alleges a violation of subsection (a)
8 may bring a civil action in a court of competent jurisdiction
9 for appropriate injunctive relief or damages, or both, within
10 180 days after the occurrence of the alleged violation.
11 (2) It shall be a defense to an action under this
12 section if a landlord proves, by a preponderance of the
13 evidence, that the action by the landlord occurred for
14 separate and legitimate reasons which are not merely
15 pretextual.
16 (3) In rendering a judgment in an action brought under
17 this subsection, a court may order any relief the court
18 considers appropriate. The court may also award the tenant
19 all or a portion of the costs of litigation, including
20 reasonable attorney fees and witness fees, if the tenant
21 prevails in the civil action.
22 Section 2. This act shall take effect in 60 days.
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Statutes/Laws affected:
Printer's No. 1512: P.L.84, No.16