The resolution SCR1048 proposes to classify excessive marijuana smoke or odor that crosses property boundaries and significantly interferes with the use and enjoyment of nearby private property as both a public and private nuisance, subject to voter approval. It outlines that lawful possession or use of marijuana does not exempt individuals from being found liable for nuisance, although possession of a valid registry identification card may be considered a mitigating factor. The resolution also establishes that affected property owners or residents can seek injunctive relief, compensatory damages, and other equitable remedies through the court system.

Additionally, the resolution stipulates that individuals cannot be held liable for a private nuisance unless they have received notice of the interference and failed to address it within five days. It requires that complaints regarding excessive marijuana smoke or odor must first be filed with local jurisdictions before escalating to state-level actions, and it allows for homeowners' associations to take action against property owners. The resolution also specifies that failure to comply with a nuisance abatement order is classified as a petty offense, with each day of non-compliance constituting a separate offense. The measure will be submitted to voters at the next general election and will take effect upon approval and proclamation by the Governor.

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