'Offensive to the senses': Arizona senator wants to criminalize 'excessive' marijuana smoke coming from homes – 12News
PHOENIX — An Arizona lawmaker wants it to be a criminal offense if neighbors can smell marijuana smoke coming from your home.
An Arizona bill would allow neighbors, homeowners’ associations and prosecutors to take legal action against residential properties tied to excessive marijuana smoke and odor.
Senate Bill 1725, introduced by Senator J.D. Mesnard, expands Arizona’s definition of criminal and public nuisance. It presumes that excessive marijuana smoke and odor endanger others’ safety or health and interfere with neighbors’ enjoyment of property.
Creating “excessive marijuana smoke,” which the bill says is “offensive to the senses,” would become a class 3 misdemeanor under the proposal.
Under the measure, the state attorney general, county or city attorneys, affected residents, or homeowner associations could file a case in superior court against a property owner, property manager, or other responsible party to halt the activity.
Supporters say the bill provides a legal pathway for communities to address persistent problem properties, while opponents have raised concerns about similar proposals regarding enforcement and impacts on lawful marijuana use.
Arizona residents voted to legalize recreational marijuana in Nov. 2020.
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