Proposed bill could make ‘excessive’ marijuana smoke a crime in Arizona – KOLD
TUCSON, Ariz. (13 News) – Marijuana smoke could get you in trouble, even if you’re smoking in your own house, if a proposed bill is passed and signed into law in Arizona.
SB1725, introduced by state Senator J.D. Mesnard, argues that a person who creates excessive marijuana smoke and odor causes a condition that endangers the safety or health of others.
The smoke would be considered a public nuisance and could result in a Class 3 misdemeanor.
“This is not going to be some sort of major crime issue, but it is trying to highlight what has become a growing problem,” Mesnard told 13 News on Thursday.
Mesnard shared that the bill comes from his own personal experience — opening his kids’ bedroom windows to smell marijuana smoke right outside.
“If we’re going to have recreational marijuana in Arizona, we need to be responsible about it, especially as it could impact kids,” Mesnard said.
The Republican said he’s received support from his constituents, telling him they’ve experienced the same problem of marijuana smoke lingering from a neighboring property.
The bill claims the nuisance is when there is “excessive” marijuana smoke, but nowhere does it mention what excessive means.
“From what I’ve seen, it is too vague and too broad,” Marijuana Industry Trade Association founder Demitri Downing said. “What access does this give the government to the interior of an individual’s home?”
Downing said it could discourage marijuana use in the state, but it’s not the recreational users he’s worried about.
“I’m concerned about the people who use it in a therapeutic or medicinal manner,” Downing said. “Those are the people who have absolute rights that the government may be infringing upon.”
The bill will be introduced in a committee hearing on Friday morning.
Are you streaming 13 News?
Watch a free live stream of Tucson Now and 13 News at TucsonNow.Live.
Be sure to download the free Tucson Now app, which you can find on Apple and Google.
You can submit your breaking news or weather images here.
Copyright 2026 13 News. All rights reserved.