Arizona Senators Take Up Bills To Criminalize ‘Excessive’ Marijuana Smoke, Even On Private Property

OG article by Kyle Jaeger

February 18, 2026

Arizona Sen. J.D. Mesnard (R) sponsors two measures—a bill and resolution—to criminalize “excessive” marijuana smoke and odor as a public nuisance, even on private property and when compliant with state law. The proposals presume such smoke endangers health or safety, interferes with property enjoyment, and is offensive or injurious. Violations would be a class 3 misdemeanor, punishable by up to 30 days in jail, a $500 fine, and one year of probation. Mesnard cited neighborhood complaints, including potent odors affecting families and children (even entering his garage), and argued marijuana smoke has unique impacts compared to tobacco. The dual approach addresses potential challenges to voter-approved legalization. Background includes anti-cannabis efforts for a November ballot initiative to repeal the commercial recreational market (while keeping possession and medical programs), citing health, environmental, and economic issues; it requires 255,949 signatures by July 2. Recent polls show strong support for medical (86%) and adult-use (69%) cannabis. The measures advance in the Senate Judiciary and Elections Committee amid broader repeal discussions.