Arizona Legislature Advances Measures to Classify ‘Excessive’ Marijuana Smoke and Odor as Public Nuisance

Arizona lawmakers have advanced legislation that would expand the state’s nuisance laws to include “excessive” marijuana smoke and odor detectable on another person’s private property, a proposal that could subject residents to fines and misdemeanor penalties if approved. 

The measures, Senate Bill 1725 and its companion legislative referral, Senate Concurrent Resolution 1048, were approved by the Arizona Senate Judiciary and Elections Committee after contested hearings earlier this month. An amendment adopted in committee defines “excessive marijuana smoke or odor” as that which is “capable of being detected by a person on the private property of another person.” 

Both measures were introduced by State Senator J.D. Mesnard (R-LD13), a Republican representing parts of Chandler and surrounding areas. The legislation would expand existing nuisance statutes to treat excessive marijuana smoke or odor that crosses property lines as a condition that can be declared a nuisance under state law. 

Speaking with AZ Family, Mesnard said, “When it becomes much more common and starts impacting your ability to raise your family, that’s when it becomes an issue.” He added, “I shouldn’t have to tell my kids we need to go inside or close the windows because there’s a strong smell that’s making being outside intolerable.”

The text of SCR1048 states that it is presumed the creation of excessive marijuana smoke and odor is injurious to health, offensive to the senses, and interferes with the comfortable enjoyment of property, and therefore constitutes a public nuisance. 

Under the adopted amendment to SB 1725, excessive marijuana smoke or odor would be incorporated into both Arizona’s criminal nuisance statute, A.R.S. § 13-2908, and public nuisance statute, A.R.S. § 13-2917. Criminal nuisance under § 13-2908 is classified as a Class 3 misdemeanor, punishable by up to 30 days in jail, up to one year of probation, and fines of up to $500 pursuant to A.R.S. §§ 13-707, 13-802, 13-902. Public nuisance under § 13-2917 is classified as a Class 2 misdemeanor, punishable by up to four months in jail, up to two years of probation, and fines of up to $750, as well as potential civil enforcement actions under state law.

The committee’s action means the measures now move forward in the legislative process, with SB 1725 continuing through the Senate and SCR1048 proceeding as a proposed ballot referral that would allow voters to decide the matter in a general election if adopted by the full Legislature and referred to the ballot. 

In its original form, the legislation proposed a standalone Class 3 misdemeanor offense for knowingly maintaining excessive marijuana smoke or odor. The adopted amendment instead incorporates the conduct into Arizona’s existing criminal and public nuisance statutes.

The measures have drawn mixed reactions from residents and industry representatives. Some lawmakers and testifiers cited concerns about pervasive smoke impacting outdoor living spaces, while others questioned whether new statutes are necessary given existing protections and enforcement mechanisms. 

Public support for recreational marijuana in Arizona has been strong since voters first legalized it in 2020. Proposition 207, also known as the Smart and Safe Arizona Act, passed with about 60 percent of the vote on Nov. 3, 2020, legalizing the possession, use, and sale of marijuana for adults 21 and older. 

According to polling at the time, a majority of likely voters supported legalizing recreational marijuana, with 62 percent indicating support for the measure in an OH Predictive Insights survey. 

The bill tracking status for SCR1048 shows committee votes advancing the measure on Feb. 20 and Feb. 25, with supporters moving it to the Rules Committee for further review and consideration by the full Senate.