marijuana smoke; public; private nuisance

Plain English Breakdown

Checked against official source text during the last sync.

Marijuana Smoke as Nuisance

This bill makes excessive marijuana smoke that interferes with others' property enjoyment a private or public nuisance, allowing legal action against those who create it.

What This Bill Does

• Defines excessive marijuana smoke or odor crossing property lines and interfering with nearby properties as a private nuisance.
• States that intentional or knowingly harmful excessive marijuana smoke is a public nuisance.
• Allows affected property owners to seek court orders for relief, damages, and fees if they face interference from excessive marijuana smoke.
• Requires local complaints before filing state actions unless the local jurisdiction does not act within 30 days.
• Makes it a petty offense to ignore an order to stop creating excessive marijuana smoke.

Who It Names or Affects

• Property owners and residents affected by excessive marijuana smoke.
• People who create excessive marijuana smoke that interferes with others' property enjoyment.

Terms To Know

private nuisance

A condition or activity that unreasonably interferes with the use of private property.

public nuisance

An act or omission that affects a community by interfering with health, safety, peace, or comfort.

Limits and Unknowns

• The bill does not specify how much marijuana smoke is considered excessive.
• It does not detail the exact penalties for violating the nuisance abatement order beyond classifying it as a petty offense.

Official Summary Text

SB1725 - 572R - Senate Fact Sheet

Assigned to
JUDE������������������������������������������������������������������������������������������������������������ AS
PASSED BY COW

ARIZONA STATE SENATE

Fifty-Seventh
Legislature, Second Regular Session

AMENDED

FACT SHEET FOR
S.B. 1725

marijuana smoke;
public; private nuisance

Purpose

Deems the
creation of excessive marijuana smoke or odor as a public and private nuisance.

Background

Residential property that is
regularly used in the commission of a crime may be declared a nuisance and may
be enjoined, abated and prevented through an action filed in superior court.
The Attorney General (AG), county attorney, city attorney, certain homeowners'
or property owners' associations or an affected resident may bring action to
abate the nuisance and, if an owner or responsible party knew or had reason to
know of the criminal activity and failed to take reasonable, legally available
actions to abate it, a governmental authority may abate the nuisance and assess
the costs as a lien against the property (
A.R.S.
� 12-991
).

A person commits

criminal nuisanc
e by recklessly creating or maintaining a condition that
endangers the safety or health of others or knowingly conducting or maintaining
a place where persons gather for unlawful conduct. Criminal nuisance is
classified as a class 3 misdemeanor (
A.R.S.
� 13-2908
).

A person commits

public nuisance
by anything 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 a community or neighborhood. The
county attorney, AG or city attorney may bring an action to abate, enjoin and
prevent a public nuisance. Knowingly maintaining or committing a public
nuisance or knowingly failing to perform a legal duty relating to its removal
is classified as a class 2 misdemeanor (
A.R.S.
� 13-2917
).

There is no anticipated fiscal impact to the state General Fund
associated with this legislation.

Provisions

1.

Deems that excessive marijuana smoke or odor that crosses a property
boundary and substantially and unreasonably interferes with the use and
enjoyment of a nearby private property is a private nuisance.

2.

Deems that excessive marijuana smoke or odor 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.

3.

Specifies that lawful possession or use of marijuana does not preclude a
finding of nuisance, except that a court may consider possession of a valid
registry identification card as a mitigating factor.

4.

Provides that a person is not liable for committing a private nuisance
unless the person has received notice of the interference and fails to abate it
within five days.

5.

Allows an affected property owner or resident to seek injunctive relief,
compensatory damages for loss of use and enjoyment, costs and reasonable
attorney fees and other equitable relief the court deems appropriate.

6.

States that state law does not preempt a local ordinance that is more
protective of private property rights.

7.

Requires an affected property owner or resident to first file a
complaint with the local jurisdiction before filing an action with the state,
if that city, town, or county has adopted an ordinance regulating excessive
marijuana smoke or odor.

8.

Allows an affected property owner or resident to bring an action in
justice court if the local jurisdiction declines to act or does not take final
action within 30 days after the complaint is filed.

9.

States that a homeowner's association or condominium association is not
precluded from taking action against a property owner.

10.

Establishes that a person
commits failure to comply with a marijuana smoke nuisance abatement order if
both of the following exist:

a)

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; and

b)

the
person knowingly violates or refuses to comply with the order.

11.

Specifies that each day a violation continues after an order is served
constitutes a separate offense.

12.

Establishes that failure to comply with a marijuana smoke nuisance
abatement order is a petty offense.

13.

Defines
excessive marijuana smoke or odor
as
airborne emissions resulting from the burning, heating or
vaporizing of marijuana or marijuana products that both:

a)

are
detectable by a reasonable person of ordinary sensibilities on
other private property; and

b)

occur
for more than 30 consecutive minutes on a single occasion or
on three or more separate days within a 30-day period.

14.

Makes
technical and conforming changes.

15.

Becomes
effective on the general effective date.

Amendments
Adopted by Committee

1.

Removes
the provisions pertaining to the requirement of residential property owners to
abate criminal nuisances.

2.

Specifies
that excessive marijuana smoke or odor is a public nuisance, rather than
excessive marijuana smoke and odor.

3.

Defines

excessive marijuana smoke or odor
as marijuana smoke or odor that is
capable of being detected by a person on the private property of another
person.

4.

Makes
technical and conforming changes.

Amendments Adopted by Committee of the Whole

1.

Removes the definition of
excessive marijuana smoke or odor
and
removes the establishment of
excessive marijuana smoke or odor
as a
criminal nuisance.

2.

Redefines

excessive marijuana smoke or odor
as airborne emissions resulting from the
burning, heating or vaporizing of marijuana or marijuana products that both:

a)

are detectable by a reasonable person of ordinary sensibilities on other
private property; and

b)

occur for more than 30 consecutive minutes on a single occasion or on
three or more separate days within a 30-day period.

3.

Deems
that excessive marijuana smoke or odor that crosses a property boundary and
substantially and unreasonably interferes with the use and enjoyment of a
nearby private property is a private nuisance.

4.

Deems
that excessive marijuana smoke or odor 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.

5.

Specifies
that lawful possession or use of marijuana does not preclude a finding of
nuisance, except that a court may consider possession of a valid registry
identification card as a mitigating factor.

6.

Provides
that a person is not liable for committing a private nuisance unless the person
has received notice of the interference and fails to abate it within five days.

7.

Allows
an affected property owner or resident to seek injunctive relief, compensatory
damages for loss of use and enjoyment, costs and reasonable attorney fees and
other equitable relief the court deems appropriate.

8.

States
that state law does not preempt a local ordinance that is more protective of
private property rights.

9.

Requires an affected property owner or resident to first file a
complaint with the local jurisdiction before filing an action with the state,
if that city, town, or county has adopted an ordinance regulating excessive
marijuana smoke or odor.

10.

Allows
an affected property owner or resident to bring an action in justice court if
the local jurisdiction declines to act or does not take final action within 30
days after the complaint is filed.

11.

States
that a homeowner's association or condominium association is not precluded from
taking action against a property owner.

12.

Establishes that a person
commits failure to comply with a marijuana smoke nuisance abatement order if
both of the following exist:

a)

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; and

b)

the
person knowingly violates or refuses to comply with the order.

13.

Specifies
that each day a violation continues after an order is served constitutes a
separate offense.

14.

Establishes
that failure to comply with a marijuana smoke nuisance abatement order is a
petty offense.

Senate Action

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Prepared by Senate Research

March 3, 2026

ZD/MY/ci

Current Bill Text

SB1725 - 572R - S Ver

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_STATUTE
12-991.01.

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_STATUTE
13-2917.

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