Condo boards brace for medical marijuana smoke complaints
Right now there are some 13,000 medical marijuana patients registered in the state and that number is only expected to grow as the state’s first dispensaries open later this year. Many of those patients live in condominiums and apartment complexes.
HONOLULU - Right now there are some 13,000 medical marijuana patients registered in the state and that number is only expected to grow as the state’s first dispensaries open later this year.
Many of those patients live in condominiums and apartment complexes.
Industry watchers say complaints about marijuana smoke are on the rise. Two years ago lawmakers tried to set the framework to balance out one person's medicinal need, with another's right to be smoke-free.
"The compromise is about allowing medical marijuana in other forms, except for smoking if there are other prohibitions about smoking in the building," said Rep. Della Au Bellati.
And that is why Associa Hawaii has been reaching out to its members on how best to manage smoking complaints.
"How boards are approaching that they are starting to have rules that say no noxious smells from your lanai, going so far as saying no noxious smells from your unit, thereby taking care of anybody smokes on their lanai, cigars or even the medical marijuana. It may be other things like incense or other things that may be bothering the neighbor next door,” said Associa Hawaii’s Scott Sherley.
Sherley said many of the new high rises in Kakaako are starting off with expressly smoke-free buildings.
"Having a smoke-free building is a big priority for some people, so they are automatically putting it into the bylaws that will be part of the building when they start selling them," Sherley said.
Sherley believes the recent moves to include e-cigarettes in those smoking policies has brought the issue to the forefront.
Property managers of rental units have another concern---smoke residue on walls and furnishings on His advice to boards of older high rises and low rises is to review and amend their bylaws, and clarify their smoking policies if they have one.
"If the person takes the medical marijuana by smoking, and there is a no-smoking policy then the association can enforce the smoking portion, not targeting the medical marijuana," Sherley said.
Those patients still have the option to consume it, or smoke somewhere else.