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 life or property,” a summary of the proposal says.
If enacted, the loosely defined offense of creating “excessive” marijuana smoke under the bill and resolution would be considered a class 3 misdemeanor, punishable by up to 30 days in jail, a maximum $500 fine and up to one year of probation.
“I’m hearing from some people that, depending on their neighbor situation, they may not be able to have their kids go outside because the marijuana smoke is so potent,” Mesnard, the sponsor, said. “It can even creep into your own house or, in my case, into my garage.”
“But experiencing now what’s happened, even in my own neighborhood, is a pretty frustrating situation,” he told The Arizona Daily Star. “You should be responsible neighbors if you’re going to smoke pot… It can be a real issue for families, especially with kids.”
Asked about the seeming double standard given that no such nuisance offenses exist for smoking cigarettes or cigars on a private property, the senator said, “I’ll concede I hadn’t thought about it.”
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