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AZ SCR1048
Concurrent Resolution
Status
2/5/2026
Primary Sponsor
Javan Mesnard
Click for details
AI Summary
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Establishes excessive marijuana smoke or odor crossing property boundaries as a private nuisance under Arizona law, allowing affected property owners to seek injunctive relief, compensatory damages, attorney fees, and other equitable relief.
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Defines "excessive marijuana smoke or odor" as emissions detectable by a reasonable person that occur for more than 30 consecutive minutes on one occasion or on three or more separate days within a 30-day period.
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Requires a person to receive notice of the interference and fail to abate it within five days before being held liable, and mandates complaints first be filed with local jurisdictions if they have adopted relevant ordinances.
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Creates a petty offense for failure to comply with a court-issued marijuana smoke nuisance abatement order, with each day of continued violation constituting a separate offense.
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Adds excessive marijuana smoke or odor to the definition of public nuisance when conduct is intentional or knowingly interferes with comfortable enjoyment of life or property, and submits this measure to voters at the next general election.
Legislative Description
Public; private nuisance; marijuana smoke
Classification
Last Action
Senate motion to reconsider third reading
3/9/2026