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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
public; private nuisance; marijuana smoke
Purpose
Subject to voter approval, statutorily deems the creation of excessive marijuana smoke and odor as a public and criminal nuisance.
Background
Residential property that is regularly used in the commission of a crime may be declared a nuisance and may be enjoined, abated and prevented through an action filed in superior court. The Attorney General (AG), county attorney, city attorney, certain homeowners' or property owners' associations, or an affected resident may bring action to abate the nuisance and, if an owner or responsible party knew or had reason to know of the criminal activity and failed to take reasonable, legally available actions to abate it, a governmental authority may abate the nuisance and assess the costs as a lien against the property (A.R.S. § 12-991).
A person commits criminal nuisance by recklessly creating or maintaining a condition that endangers the safety or health of others or knowingly conducting or maintaining a place where persons gather for unlawful conduct. Criminal nuisance is classified as a class 3 misdemeanor (A.R.S. § 13-2908).
A person commits public nuisance by anything 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 a community or neighborhood. The county attorney, AG or city attorney may bring an action to abate, enjoin and prevent a public nuisance. Knowingly maintaining or committing a public nuisance or knowingly failing to perform a legal duty relating to its removal is classified as a class 2 misdemeanor (A.R.S. § 13-2917).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
3. Deems the creation of excessive marijuana smoke and odor as either a public or criminal nuisance, as applicable.
4. Adds the creation of excessive marijuana smoke to the definition of crime as it pertains to the requirement that residential property owners must abate criminal activity on their property.
5. Makes technical and conforming changes.
6. Requires the Secretary of State to submit the proposition at the next general election.
7. Becomes effective if approved by the voters and on proclamation of the Governor.
Prepared by Senate Research
February 13, 2026
ZD/MY/ci