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Senate Engrossed
public; private nuisance; marijuana smoke |
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State of Arizona Senate Fifty-seventh Legislature Second Regular Session 2026
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SENATE CONCURRENT RESOLUTION 1048 |
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A CONCURRENT RESOLUTION
enacting and ordering the submission to the people of a MEASURE relating to nuisances.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it resolved by the Senate of the State of Arizona, the House of Representatives concurring:
1. Under the power of the referendum, as vested in the Legislature, the following measure, relating to nuisances, is enacted to become valid as a law if approved by the voters and on proclamation of the Governor:
AN ACT
amending title 12, chapter 7, article 12, Arizona Revised Statutes, by adding section 12-991.01; amending section 13-2917, Arizona Revised Statutes; relating to nuisances.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 12, chapter 7, article 12, Arizona Revised Statutes, is amended by adding section 12-991.01, to read:
12-991.01. Excessive marijuana odor; interference; nuisance; failure to comply; violation; classification; definition
A. Excessive marijuana smoke or odor that crosses a property boundary and substantially and unreasonably interferes with the use and enjoyment of nearby private property constitutes a private nuisance. Lawful possession or use of marijuana does not preclude a finding of nuisance under this section, except that a court may consider as a mitigating factor possession of a valid marijuana registry identification card as defined in section 36-2801.
B. A person is not liable under this section unless the person has received notice of the interference and fails to abate it within five days.
C. An affected property owner or resident may seek injunctive relief, compensatory damages for loss of use and enjoyment, costs and reasonable attorney fees and other equitable relief the court deems appropriate.
D. This section does not preempt a local ordinance that is more protective of private property rights. If a city, town or county has adopted an ordinance regulating excessive marijuana smoke or odor, an affected property owner or resident shall first file a complaint with the local jurisdiction before filing an action under this section. If the local jurisdiction declines to act or does not take final action within thirty days after the complaint is filed, the affected property owner or resident may bring an action in justice court. This section does not preclude a homeowners' association or condominium association from taking action against a property owner.
E. A person commits failure to comply with a marijuana smoke nuisance abatement order if both of the following exist:
1. A court of competent jurisdiction or a city, town or county acting under lawful authority has issued a written order directing the person to abate excessive marijuana smoke or odor that constitutes a nuisance pursuant to this section or an applicable local ordinance.
2. The person knowingly violates or refuses to comply with the order is served.
F. Each day a violation continues after the order constitutes a separate offense.
G. Failure to comply with a marijuana smoke nuisance abatement order is a petty offense.
H. For the purposes of this section, "excessive marijuana smoke or odor" means airborne emissions resulting from the burning, heating or vaporizing of marijuana or marijuana products that both:
1. Are detectable by a reasonable person of ordinary sensibilities on other private property.
2. Occur for more than thirty consecutive minutes on a single occasion or on three or more separate days within a thirty-day period.
Sec. 2. Section 13-2917, Arizona Revised Statutes, is amended to read:
13-2917. Public nuisance; abatement; presumption; classification
A. It is a public nuisance, and is no less a nuisance because the extent of the annoyance or damage inflicted is unequal, for anything:
1. To be injurious to health, indecent, offensive to the senses or an obstruction to the free use of property that interferes with the comfortable enjoyment of life or property by an entire community or neighborhood or by a considerable number of persons.
2. To unlawfully obstruct the free passage or use, in the customary manner, of any navigable lake, river, bay, stream, canal or basin, or any public park, square, street or highway.
B. It is a public nuisance for any person to sell, offer to sell, transfer, trade or disseminate any obscene item which is obscene as defined in section 13-3501, within two thousand feet, measured in a straight line, of the nearest boundary line of any of the following:
1. Any building used as a private or public elementary or high school.
2. Any public park.
3. Any residence district as defined in section 28-101.
C. The county attorney, the attorney general or the city attorney may bring an action in superior court to abate, enjoin and prevent the activity described in subsections A and B of this section.
D. Excessive marijuana smoke or odor pursuant to section 12-991.01 is a public nuisance if the person's conduct is intentional or the person knowingly and substantially interferes with the COMFORTABle enjoyment of life or property.
D. e. Any person who knowingly maintains or commits a public nuisance or who knowingly fails or refuses to perform any legal duty relating to the removal of a public nuisance is guilty of a class 2 misdemeanor.
2. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article IV, part 1, section 1, Constitution of Arizona.