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AZ SCR1048

Concurrent Resolution

Status

Introduced

2/5/2026

Primary Sponsor

Javan Mesnard

Click for details

Origin

Senate

Fifty-seventh Legislature - Second Regular Session (2026)

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Rules2/5/2026
Judiciary and Elections2/5/2026

Full Bill Text

No bill text available