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
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