TUCSON, Ariz. (KGUN) — Legal marijuana use in Arizona could face new limits under a bill moving through the legislature.
Arizona Senate Bill 1725 would classify “excessive” marijuana smoke or odor that drifts onto someone else’s property as a public and private nuisance. The bill passed the Senate with a 20-9 vote on March 9, 2026.
The proposed law, introduced by Sen. J.D. Mesnard, focuses on how long and how often the smell of cannabis is noticeable, including instances where it lasts more than 30 minutes or happens on three or more days within a 30-day period.
While supporters say the bill protects neighbors, others say they are worried it could create confusion over what counts as too much.
“If you’re using cannabis on your own property, you can’t really control where the smell goes. I don’t think it’s realistic to be able to say that you can track how a smell is going to traverse somebody else’s property over a period of time like 30 days,” said Moe Asnani, a partner at D2 Dispensaries.
Asnani also points out that nicotine use does not carry the same kind of restrictions.
“I think when you see traditional cigarette smokers or people vaping nicotine products, there’s no such regulation on them,” Asnani said.
Senate bill 1725 would allow neighbors to take legal action if someone’s marijuana use is affecting their ability to enjoy their own property.
If the proposed bill passes, violations could be charged as a Class 2 misdemeanor, meaning up to four months in jail and a $750 fine.
Asnani says it comes down to balancing personal use with respect for neighbors.
“I think it’s important to be conscientious of the people around you,” Asnani said.
Senate bill 1725 is currently moving through the House of Representatives.
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Jacqueline Aguilar is a multimedia journalist at KGUN 9. Born and raised in Yuma, AZ., she is no stranger to the unforgiving Arizona heat. Now this U of A wildcat is excited to be back in Tucson and is looking forward to involving herself in the community. Share your story ideas with Jacqueline by emailing jacqueline.aguilar@kgun9.com or connecting on Facebook, Instagram or X.