Bill > SB1725

This bill establishes that excessive marijuana smoke or odor that crosses property lines and significantly disrupts the use and enjoyment of neighboring private property is considered a private nuisance, meaning it's a legal problem that affects individuals. While possessing or using marijuana legally doesn't automatically prevent a nuisance claim, having a valid medical marijuana registry card can be considered a mitigating factor by a court. A person won't be held liable unless they are notified of the interference and fail to fix it within five days. Affected property owners can seek court orders to stop the nuisance, compensation for lost enjoyment, and legal fees. The bill also clarifies that local ordinances offering stronger protections for private property rights are not overridden, and residents must first report issues to their local government before pursuing legal action if the local authorities don't resolve the problem within thirty days. Furthermore, intentionally or knowingly interfering with the comfortable enjoyment of life or property through excessive marijuana smoke or odor can be classified as a public nuisance, and failing to comply with a court or local order to abate such a nuisance is a petty offense, with each day of violation counting as a separate offense. Excessive marijuana smoke or odor is defined as emissions detectable by a reasonable person on other private property that occur for more than thirty consecutive minutes or on three separate days within a thirty-day period. The bill also makes a minor change to an existing law regarding public nuisances by specifying that an "obscene item" is now defined by a specific section of law.

Justice

https://apps.azleg.gov/BillStatus/BillOverview/85374