AZ SB1725

Excessive marijuana smoke or odor crossing property boundaries that substantially interferes with neighbors' use and enjoyment of their property is classified as a private nuisance under Arizona law.

Property owners must receive notice of the interference and be given five days to abate the issue before liability attaches.

"Excessive marijuana smoke or odor" is defined as emissions detectable by a reasonable person lasting more than 30 consecutive minutes on one occasion or occurring on three or more days within a 30-day period.

Affected property owners may seek injunctive relief, compensatory damages, attorney fees, and costs; complaints must first be filed with local jurisdictions if they have applicable ordinances, with a 30-day window before pursuing court action.

Failure to comply with a marijuana smoke nuisance abatement order is a petty offense, with each day of continued violation constituting a separate offense.