If enacted, this bill would amend current statutes to classify excessive marijuana smoke or odor as both a public and private nuisance. Specifically, it would establish that excessive marijuana smoke or odor that crosses property boundaries and significantly interferes with the use and enjoyment of nearby private property constitutes a private nuisance. Additionally, it would clarify that lawful possession or use of marijuana does not prevent a finding of nuisance, although possession of a valid registry identification card may be considered as a mitigating factor. Affected property owners or residents would be able to seek injunctive relief, compensatory damages, and other equitable remedies, provided they have given notice of the interference and the nuisance has not been abated within five days.

The bill would also introduce provisions for local jurisdictions, requiring affected individuals to first file a complaint with local authorities if an ordinance regulating excessive marijuana smoke or odor exists. If the local jurisdiction fails to act within thirty days, the affected party may then pursue action in justice court. Furthermore, the bill would define "excessive marijuana smoke or odor" and establish penalties for non-compliance with nuisance abatement orders, classifying such failures as petty offenses. Overall, the bill aims to enhance the legal framework surrounding nuisances related to marijuana smoke and odor while ensuring local ordinances can provide additional protections.

Statutes affected:
Introduced Version: 12-991, 13-2908, 13-2917, 33-1202, 33-1802
Senate Engrossed Version: 12-991.01, 13-2917, 36-2801