Marijuana Moment: Arizona Senators Take Up Bills To Criminalize ‘Excessive’ Marijuana Smoke, Even On Private Property

[Tokeativity]

Arizona lawmakers are considering at a pair of measures that would make the act of creating “excessive” amounts of marijuana smoke a nuisance crime punishable by jail time, even if the person is using cannabis in compliance with state law in their own homes.

Sen. J.D. Mesnard (R) is sponsoring the two proposals—one that would amend state statute legislatively that would put the issue before voters at the ballot. Members of the Senate Judiciary and Elections Committee are set to consider the proposals this week.

The lawmaker said he decided to push the issue due to the smell of marijuana in his own neighborhood.

Both versions of Mesnard’s legislation stipulate that “it is presumed that a person who creates excessive marijuana smoke and odor causes a condition that endangers the safety or health of others.”

The reason behind having both a proposed bill and resolution is related to the potential legal challenges of lawmakers changing the voter-approved marijuana legalization law.

The legislation would establish “a presumption that the creation of excessive marijuana smoke and odor is injurious to health, indecent, offensive to the senses and an obstruction to the free use of property that interferes with the comfortable enjoyment of life or property,” a summary of the proposal says.

If enacted, the loosely defined offense of creating “excessive” marijuana smoke under the bill and resolution would be considered a class 3 misdemeanor, punishable by up to 30 days in jail, a maximum $500 fine and up to one year of probation.

“I’m hearing from some people that, depending on their neighbor situation, they may not be able to have their kids go outside because the marijuana smoke is so potent,” Mesnard, the sponsor, said. “It can even creep into your own house or, in my case, into my garage.”

“But experiencing now what’s happened, even in my own neighborhood, is a pretty frustrating situation,” he told The Arizona Daily Star. “You should be responsible neighbors if you’re going to smoke pot… It can be a real issue for families, especially with kids.”

Asked about the seeming double standard given that no such nuisance offenses exist for smoking cigarettes or cigars on a private property, the senator said, “I’ll concede I hadn’t thought about it.”

“I’m pretty sure that marijuana smoke has a different impact than, say, other smoke that might make you cough,” Mesnard said. “I don’t want my kids to get high. If someone wants to get high on their own, let them get high on their own.”

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In the background of this legislation, anti-cannabis activists are working to put an initiative on the state’s November ballot that would significantly roll back its voter-approved marijuana legalization law.

A GOP congressional lawmaker said recently he’d like to see his state take that action—but he also acknowledged that President Donald Trump’s recent federal rescheduling order could complicate that prohibitionist push.

Under the proposal, possession would remain lawful if voters chose to enact the initiative—and Arizona’s medical marijuana program would remain intact—but the commercial market for recreational cannabis that’s evolved since voters approved an adult-use legalization measure in 2020 would be quashed.

A findings section on the latest initiative states that “the proliferation of marijuana establishments and recreational marijuana sales in this state have produced unintended consequences and negative effects relating to the public health, safety, and welfare of Arizonans, including increased marijuana use among children, environmental concerns, increased demands for water resources, public nuisances, market instability, and illicit market activities.”

“Arizona’s legal marijuana sales have declined for two consecutive years, resulting in less tax revenue for this state, while some patients have relied on recreational use of marijuana instead of utilizing the benefits of this state’s medical marijuana program,” it says.

The initiative would also instruct the legislature to make conforming changes by amending existing statute as it relates to the commercial industry, including tax and advertising rules.

In order to make the ballot, the campaign will need to collect 255,949 valid signatures by July 2. If the proposal goes to voters and is approved, it would take effect in January 2028.

It remains to be seen if there will be an appetite for repeal among voters, as 60 percent of the electorate approved legalization at the ballot in 2020.

What’s more a poll from last year found majority support for medical cannabis legalization (86 percent), adult-use legalization (69 percent) and banking reform (78 percent).

Photo courtesy of Martin Alonso.

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