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Arizona Senators Approve Measures To Criminalize ‘Excessive’ Marijuana Smoke Or Odor

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1 month ago

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Arizona senators have passed a couple of measures make the act of creating an “excessive” amount of marijuana smoke or odor a criminal nuisance punishable by jail time.even if the person is using cannabis in their own home in compliance with state law.

Despite concerns about weakening the will of voters who voted to approve legalization and concerns about enforceability and ambiguity about what constitutes “excessive” marijuana smoke, members of the Senate Judiciary and Elections Committee on Friday approved the bill and a joint resolution to put the issue on the table by votes of 5-2 and 4-3, respectively.

The legislation by Sen. JD Mesnard (R) was amended during the hearing to provide a clearer definition of “excessive” smoking and remove the reference to making the offense a “felony.” However, some members still argued that the measures lack clarity and will continue to threaten criminalization, making the offense a Class 3 felony, punishable by up to 30 days in jail, a maximum fine of $500 and a year of probation.

The revised definition of excessive cannabis smoke or odor describes “what a person is able to detect on another person’s private property.”

The law states that excessive production of marijuana smoke or odor is “injurious to health, unreasonable, offensive to the senses, and interferes with the comfortable enjoyment of life or property and is a public nuisance.”

Mesnard said he decided to push the issue “based on personal experience” with his neighbors, “as well as hearing from other people that people can do what they want on their private property, but on other people’s private property, their homes no less, that’s when it starts to become another problem.”

“I can say that it was regrettable for me that I didn’t have to have conversations with my four-year-old, maybe because of what’s going on in some houses down in my neighborhood, there was such a strong smell and smoke coming from the road,” he said. “If it’s important to you to play, there are a lot of ways to do it without affecting the neighbors around you, so it’s easy.”

Several citizens testified against the proposals, arguing that the state’s legalization law would unfairly restrict adults’ right to use cannabis and make it difficult to challenge in court allegations of excessive smoke or odor, for example.

The ACLU of Arizona also expressed opposition to the measure, saying a representative said it would “undermine the intent of the voters” and that the issue of smoking and public odor has already been addressed by the courts, stating that “the mere smell of marijuana no longer automatically establishes criminal activity.”

“SCR 1048 and the mirror bill (SB 1725) Relying on subjective assessments like excessive marijuana smell opens up enforcement to the kind of discretionary judgments that research on bias shows leads to disparities and outcomes,” they said. “This leads to equal protection violations and arbitrary enforcement.”

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It’s Marijuana Time tracking hundreds of cannabis, psychedelic and drug policy bills in state legislatures and Congress this year. Patreon supporters by pledging at least $25/month, you’ll get access to our interactive maps, charts, and audio calendars so you never miss a development.

Learn more about our marijuana bill tracking and become a Patreon supporter to gain access
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On the back of this law, anti-cannabis activists are working to place an initiative on the state’s November ballot. significantly rolling back the voter-approved marijuana legalization law.

A GOP congressman recently said he would like his state to take such a measure, but he also admitted that. President Donald Trump’s recent federal scheduling order could complicate that prohibitionist push.

Under the proposal, possession would be legal if voters chose to enact the initiative — and Arizona’s medical marijuana program would remain in place — but it would shut down the commercial recreational cannabis market that has evolved since voters approved a measure to legalize adult use in 2020.

According to a section of the latest initiative’s findings, “the proliferation of marijuana establishments and recreational marijuana sales in this state has created unintended consequences and negative consequences for the public health, safety, and welfare of Arizonans, including increased marijuana use among children, environmental concerns, increased demand on water resources, public nuisance, illegal market activity, and market instability.”

“Sales of legal marijuana in Arizona have declined for two years in a row, resulting in less tax revenue for the state, and some patients relying on recreational marijuana use instead of taking advantage of the benefits of the state’s medical marijuana program,” he says.

The initiative would instruct the legislature to make appropriate changes, also by amending the existing statute as it pertains to the commercial industry, including tax and advertising regulations.

To vote, the campaign must collect 255,949 valid signatures by July 2nd. If the proposal goes to the voters and is approved, it would take effect in January 2028.

It remains to be seen whether there will be any desire for repeal among voters, as 60% of voters approved legalization on the ballot in 2020.

Even more last year’s poll found majority support for medical cannabis legalization (86 percent), adult-use legalization (69 percent), and banking reform (78 percent).

Max Jackson’s photo.

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Critical updates for cannabis taxpayers as the 2025 filing deadline approaches

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13 hours ago

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April 5, 2026

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With the April 2025 tax return filing deadline fast approaching, cannabis companies must once again face the burden of Section 280E of the Internal Revenue Code (“Section 280E”). Despite significant developments over the past year — including a major executive order from President Trump and the IRS, for the first time, disclosing legal reasoning funds to keep state cannabis “within the meaning” of Section 280E — taxpayer scrutiny remains the same.

However, whether substantively or psychologically, these recent developments weigh on how taxpayers should deal with Section 280E. Below, we summarize the key developments that cannabis taxpayers should be aware of as they prepare their 2025 returns.

As discussed in previous publications, Section 280E provides: “(e) no deduction or credit shall be allowed for any amount paid or incurred in the course of any trade or business during the taxable year, if such trade or business (or the activities constituting such trade or business) is trafficking in controlled substances (controlled substance classes I and II prohibited by State or Federal law).

Because cannabis is now listed as a Schedule I controlled substance under the Controlled Substances Act (CSA), the IRS has consistently maintained that Section 280E applies to state-licensed cannabis businesses, significantly increasing their effective tax rates.

Read more at JD above










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Louisiana Senators Approve Bill To Allow Medical Marijuana Use In Hospitals For Terminally Ill Patients

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13 hours ago

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April 5, 2026

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A Louisiana Senate panel has advanced a bill to allow patients with terminal and irreversible conditions to use medical marijuana in hospitals.

The Senate Health and Welfare Committee approved the legislation, SB 270 (D) by Sen. Katrina Jackson-Andrews, with amendments, on a voice vote Wednesday.

“This bill was introduced at the request of voters who believe that therapeutic medical marijuana, which is already legal in this state, should be offered in hospitals when the terminally ill or otherwise need the comfort of this medicine,” Jackson-Andrews said before the vote.

Under the proposal, hospitals would have to create written policies to allow covered patients to consume medical cannabis in forms other than smoking or vaporizing it.

Under an amendment approved by the panel, emergency or outpatient departments would be exempt from the policy. The revised legislation also clarifies that patients and primary caregivers are responsible for obtaining and administering medical marijuana, which “must be securely stored at all times in a sealed container provided by the patient.”

Health care professionals and staff would be prohibited from “administering, storing, retrieving, or assisting a patient with medical marijuana.” the text he says

The amendment, which the proponent worked out with the help of the Louisiana Hospital Association, also allows hospitals to opt out of the policy if federal officials take action against any health care facility in the state regarding the use of medical cannabis, instead of allowing those specifically targeted to stop serving.

—
It’s Marijuana Time tracking hundreds of cannabis, psychedelic and drug policy bills in state legislatures and Congress this year. Patreon supporters by pledging at least $25/month, you’ll get access to our interactive maps, charts, and audio calendars so you never miss a development.

Learn more about our marijuana bill tracking and become a Patreon supporter to gain access
—

Meanwhile, in Louisiana, the Senate Health and Welfare Committee passed a bill last week create a pilot psychedelic-assisted therapy program using opioid settlement dollars to fund clinical trials to develop alternative treatments such as psilocybin and ibogaine.

Lawmakers are also considering a bill creating a pilot program to legalize marijuana for adults in the state, in the end, to determine whether the reform should be expanded and permanently codified.

Marijuana Moment is made possible with the help of readers. If you rely on our pro-cannabis journalism to stay informed, consider a monthly Patreon pledge.

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Cresco Labs gets Texas license

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2 days ago

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April 4, 2026

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Cresco Labs has obtained a Texas Compassionate Use Program License. It is a vertically integrated license that allows Cresco Labs to cultivate, process and distribute medical cannabis.

“Texas patients deserve access to consistent, quality medicine, and we’re excited. Our track record in medical markets reflects our ability to build strong programs that put patients and communities first,” said Charlie Bachtell, CEO of Cresco Labs. “Winning a license in Texas through a merit-based application demonstrates Cresco Labs’ deep regulatory expertise and thoughtful approach to meaningful local engagement. Organic licenses enable capital-efficient market entry, and our cash flow and balance sheet give us the financial flexibility to invest in and grow our scaled platform for the long term.”

This license advances Cresco Labs’ state-by-state growth strategy and ensures access to one of the largest patient populations in the United States. Texas is the nation’s second most populous state, approaching 30 million people, and continues to see ongoing legislative efforts to improve patient access and expand eligibility.










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