1. United States
2. Ariz.
3. Letter

I urge you to oppose Senate Concurrent Resolution 1048 when it comes before the Senate Judiciary and Elections Committee on Wednesday. This measure, sponsored by Senator JD Mesnard, would ask voters to declare "excessive marijuana smoke and odor" a public nuisance and criminal activity, but it creates more problems than it solves. Arizona voters already addressed this issue when they approved Proposition 207 in 2020. That measure explicitly bans smoking marijuana in public spaces, open areas, or anywhere other than private property or one's own home. SCR 1048 is redundant legislation that adds no meaningful protections beyond what voters already enacted. The resolution's fatal flaw is its failure to define "excessive." This vague language would amend three sections of Arizona Revised Statutes (12-991, 13-2908, and 13-2917) to create criminal penalties and civil liability without establishing any objective standard. What constitutes excessive smoke or odor? Is it detectable from ten feet away? Fifty feet? Does it depend on wind conditions or the sensitivity of the person complaining? Without clear parameters, this measure invites arbitrary enforcement and potential abuse. The consequences are serious. Under SCR 1048, creating "excessive marijuana smoke and odor" would be presumed to endanger public health and safety, making it a class 3 misdemeanor as criminal nuisance and a class 2 misdemeanor as public nuisance. Property owners could face civil actions from attorneys general, county attorneys, city attorneys, homeowner associations, or neighbors. Costs of governmental abatement could be assessed as liens on property. These penalties could apply to legal marijuana use in private homes based on subjective complaints about odor. Arizona already has comprehensive nuisance laws and the framework from Proposition 207 to address legitimate concerns about marijuana use. SCR 1048 layers on criminal penalties with undefined terms that will lead to inconsistent enforcement and potential violations of due process. I ask you to vote no on this measure.