Arizona Senators Propose Bills to Criminalize “Excessive” Marijuana Smoke on Private Property
Two bills introduced by Arizona Senator J.D. Mesnard (R) aim to make it a crime to create “excessive” amounts of marijuana smoke, even on private property, punishable by up to 30 days in jail and a $500 fine. The proposals, which are set to be considered by the Senate Judiciary and Elections Committee, would establish a presumption that excessive marijuana smoke and odor cause a condition that endangers the safety or health of others.
Mesnard, who is sponsoring the bills, claims that the smell of marijuana in his neighborhood prompted him to take action. He argues that the creation of excessive marijuana smoke and odor is injurious to health, indecent, and an obstruction to the free use of property, making it a nuisance crime.
The bills define “excessive” marijuana smoke as any amount that interferes with the comfortable enjoyment of life or property, but do not provide a specific threshold for what constitutes excessive smoke. If passed, the legislation would make it a class 3 misdemeanor, punishable by up to 30 days in jail, a maximum $500 fine, and up to one year of probation.
Mesnard’s proposal has raised concerns about the potential for selective enforcement and the lack of a clear standard for what constitutes “excessive” smoke. Critics have also pointed out that there is no similar legislation targeting the smell of cigarettes or cigars on private property.
The bills come as anti-cannabis activists are working to put an initiative on the state’s November ballot that would significantly roll back Arizona’s voter-approved marijuana legalization law. The initiative would repeal the commercial market for recreational cannabis and restrict possession to medical patients only.
The Arizona Senate is expected to take up the bills in the coming weeks.
