SB 1725 Arizona Senate · 57th Legislature - Second Regular Session

marijuana smoke; public; private nuisance

SB 1725 defines excessive marijuana smoke or odor crossing property lines as a private nuisance, affecting neighbors who experience persistent interference with their property use. It requires users to abate the issue within five days after notice and allows affected owners to seek court orders, damages, or attorney fees. The bill specifies "excessive" as smoke detectable by a reasonable person for over 30 consecutive minutes in one instance or three separate days in 30 days. Failure to comply with a court or local abatement order is classified as a petty offense, with each day of violation counting separately.
Bill status passed 3 of 5 stages cleared
Introduction
Feb 2026
Committee Review
Mar 2026
Senate Passage
Mar 2026
House Passage
Governor
Introduced Feb 5, 2026 Last action Mar 30, 2026
Maddy AI version diff · 1 comparison

What changed between versions

Introduced Version Senate Engrossed Version (03/09/2026) · 6 edits · Mar 9, 2026
MODERATE
The bill was reorganized and expanded to explicitly address excessive marijuana smoke and odor as both a private and public nuisance. It introduces new definitions for 'excessive marijuana smoke or odor' and establishes a specific legal process where affected neighbors can seek injunctions and damages if a property owner fails to abate the issue after receiving notice. The bill also clarifies that local ordinances regulating marijuana smoke take precedence over this state law.
Scope change
The bill's scope broadened from a general focus on criminal activity on residential property to specifically include marijuana smoke and odor, creating a distinct legal pathway for nuisance claims related to cannabis use.
DEFINITION

Added a specific definition for 'excessive marijuana smoke or odor' as airborne emissions detectable by a reasonable person.

Added a mitigating factor allowing courts to consider valid registry identification cards when determining nuisance liability.

REQUIREMENT

Established a new requirement that property owners must receive notice and have five days to abate the nuisance before facing liability.

Mandated that residents file complaints with local jurisdictions before suing under this bill, unless the local agency fails to act within thirty days.

ENFORCEMENT

Created new remedies allowing affected residents to seek injunctive relief, compensatory damages for loss of enjoyment, and attorney fees.

SCOPE

Expanded the definition of public nuisance to explicitly include intentional or knowing interference with the comfortable enjoyment of life or property caused by excessive marijuana smoke.

Floor votes · Senate Mar 9, 2026

How they voted

209
Passed · 1 other
Total votes 30
Mar 9, 2026
D Democratic13
6 Yea 7 Nay
53% Nay
R Republican17
14 Yea 2 Nay 1
82% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
10
Key actions
4
Committee
1
Amendments
2
Mar 25, 2026
Lower · Passed
DP
lower
Mar 9, 2026
Upper · Passed
PASSED
upper
Mar 3, 2026
Upper · Passed
DPA
upper
Feb 20, 2026
Upper · Passed
DPA
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of J.D. Mesnard
J.D. Mesnard
RRepublican
AZ
13