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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
Senate: JUDE DPA 5-2-0-0 | Third Read 29-9-1-0-0House: JUD DP 8-1-0-1 |
SB 1725: marijuana smoke; public; private nuisance
Sponsor: Senator Mesnard, LD 13
Caucus & COW
Overview
Establishes a new statutory private nuisance for excessive marijuana smoke or odor that interferes with nearby private property and deems specified conduct involving that smoke or odor a public nuisance.
History
A public nuisance includes conduct that is 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, neighborhood or a considerable number of persons. The county attorney, Attorney General or city attorney may bring a superior court action to abate, enjoin and prevent a public nuisance. A person who knowingly maintains or commits a public nuisance, or knowingly fails or refuses to perform a legal duty relating to its removal, is guilty of a class 2 misdemeanor (A.R.S. § 13-2917).
For medical marijuana statutes, a registry identification card is a document issued by the Arizona Department of Health Services identifying a registered qualifying patient, designated caregiver, nonprofit medical marijuana dispensary agent or independent third-party laboratory agent (A.R.S. § 36-2801).
Provisions
1. Establishes that 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. (Sec. 1)
2. Stipulates that lawful possession or use of marijuana does not preclude a nuisance finding, except that a court may consider possession of a valid registry identification card as a mitigating factor. (Sec. 1)
3. Provides that a person is not liable under this legislation's private-nuisance section unless the person has received notice of the interference and fails to abate it within five days. (Sec. 1)
4. Authorizes an affected property owner or resident to seek injunctive relief, compensatory damages for loss of use and enjoyment, costs, reasonable attorney fees and other equitable relief the court deems appropriate. (Sec. 1)
5. Asserts that this legislation does not preempt a local ordinance that is more protective of private property rights. (Sec. 1)
6. Requires an affected property owner or resident to first file a complaint with the local jurisdiction if it has adopted an ordinance regulating excessive marijuana smoke or odor before filing an action under this legislation. (Sec. 1)
7. Authorizes the affected property owner or resident to bring an action in justice court if the local jurisdiction declines to act or does not take final action within 30 days after the complaint is filed. (Sec. 1)
8. Asserts that this legislation does not preclude a homeowners' association or condominium association from taking action against a property owner. (Sec. 1)
9. Establishes the offense of failure to comply with a marijuana smoke nuisance abatement order if both of the following apply:
a. 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; and
b. the person knowingly violates or refuses to comply with the order. (Sec. 1)
10. Classifies failure to comply with a marijuana smoke nuisance abatement order as a petty offense. (Sec. 1)
11. Provides that each day a violation continues after the order is served constitutes a separate offense. (Sec. 1)
12. Classifies excessive marijuana smoke or odor to be 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. (Sec. 2)
13. Defines excessive marijuana smoke or odor. (Sec. 1)
14. Makes technical and conforming changes. (Sec. 2)
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Initials NM SB 1725
3/26/2026 Page 0 Caucus & COW
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