SB 1725

Senate Engrossed
marijuana smoke;
  public; private nuisance
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SENATE BILL 1725
AN
ACT
amending title 12, chapter 7, article 12,
Arizona Revised Statutes, by adding section 12-991.01; amending section
13-2917, Arizona Revised Statutes; relating to public and private
nuisances.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section 1. Title 12, chapter 7, article 12, Arizona Revised Statutes, is
amended by adding section 12-991.01, to read:
START_STATUTE12-991.01. Excessive marijuana odor; interference; nuisance; failure to
comply; violation; classification; definition
A. Excessive marijuana smoke or odor
that crosses a property boundary and substantially and unreasonably interferes
with the use and enjoyment of nearby private property constitutes a private
nuisance. Lawful possession or use of marijuana does not preclude a finding of
nuisance under this section, except that a court may consider as a mitigating
factor possession of a valid registry identification card as defined in section
36-2801.
B. A person is not liable under this
section unless the person has received notice of the interference and fails to
abate it within five days.
C. An affected property owner or
resident may seek injunctive relief, compensatory damages for loss of use and
enjoyment, costs and reasonable attorney fees and other equitable relief the
court deems appropriate.
D. This section does not preempt a
local ordinance that is more protective of private property rights. If a city,
town or county has adopted an ordinance regulating excessive marijuana smoke or
odor, an affected property owner or resident shall first file a complaint with
the local jurisdiction before filing an action under this section. �If the
local jurisdiction declines to act or does not take final action within thirty
days after the complaint is filed, the affected property owner or resident may
bring an action in justice court. This section does not preclude a homeowners'
association or condominium association from taking action against a property
owner.
E. A person commits failure to comply
with a marijuana smoke nuisance abatement order if both of the following exist:
1. A court of competent jurisdiction
or a city, town or county acting under lawful authority has issued a written
order directing the person to abate excessive marijuana smoke or odor that
constitutes a nuisance pursuant to this section or an applicable local
ordinance.
2. The person knowingly violates or
refuses to comply with the order.
F. Each day a violation continues
after the order is served constitutes a separate offense.
G. Failure to comply with a marijuana
smoke nuisance abatement order is a petty offense.
H. For the purposes of this section,
"excessive marijuana smoke or odor" means airborne emissions
resulting from the burning, heating or vaporizing of marijuana or marijuana
products that both:
1. Are detectable by a reasonable
person of ordinary sensibilities on other private property.
2. Occur for more than thirty
consecutive minutes on a single occasion or on three or more separate days
within a thirty-day period.END_STATUTE
Sec. 2. Section 13-2917, Arizona Revised Statutes, is amended to read:
START_STATUTE13-2917. Public nuisance; abatement; presumption; classification
A. It is a public nuisance, and is no less a
nuisance because the extent of the annoyance or damage inflicted is unequal,
for anything:
1. To be injurious to health, indecent, offensive to
the senses or an obstruction to the free use of property that interferes with
the comfortable enjoyment of life or property by an entire community or
neighborhood or by a considerable number of persons.
2. To unlawfully obstruct the free passage or use,
in the customary manner, of any navigable lake, river, bay, stream, canal or
basin, or any public park, square, street or highway.
B. It is a public nuisance for any person to sell,
offer to sell, transfer, trade or disseminate any obscene item
which is obscene as defined in section 13-3501,  within two thousand feet, measured in a straight line,
of the nearest boundary line of any of the following:
1. Any building used as a private or public
elementary or high school.
2. Any public park.
3. Any residence district as defined in section 28-101.
C. The county attorney, the attorney general or the
city attorney may bring an action in superior court to abate, enjoin and
prevent the activity described in subsections A and B of this section.
D. Excessive
marijuana smoke or odor pursuant to section 12-991.01 is
a public nuisance if the person's conduct is intentional or the person
knowingly and substantially interferes with the COMFORTABle enjoyment of
life or property.
D. e. Any
person who knowingly maintains or commits a public nuisance or who knowingly
fails or refuses to perform any legal duty relating to the removal of a public
nuisance is guilty of a class 2 misdemeanor. END_STATUTE