The Arizona Senate has passed a bill to penalize people who create “excessive” amounts of marijuana smoke or odor—a policy that’s received pushback from advocates who say the proposals amount to overreach that wasn’t envisioned under the state’s voter-approved legalization law.
After being significantly dialed back in response to that criticism, the bill from Sen. J.D. Mesnard (R) advanced through the full chamber on Monday in a 20-9 vote. It now heads to the state House of Representatives for consideration.
A separate companion resolution to put the issue before voters to decide failed, however, in a narrow 14-15 vote. Mesnard later made a successful motion to reconsider that defeat, however, so the measure could end up advancing upon a revote.
As introduced, both measures would have added broad criminalization provisions back into the state’s cannabis use laws. But most of that punitive language was revised by the Senate Committee of the Whole. For example, it was changed to provide a clearer definition of “excessive” smoke and remove a reference to making the offense a “crime.”
The bill as passed, however, would make it a public nuisance punishable by up to four months in jail and a $750 fine to create
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