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.”
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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North Carolina lawmakers say they’re fueling debate over the state’s marijuana laws — a move by the Trump administration to reclassify it as a less dangerous drug.
Across the country, a set of laws and enforcements regulate marijuana. The drug is illegal under federal law, but dozens of US states have legalized it. And almost all states have legalized medical marijuana prescriptions for certain ailments. North Carolina is among the remaining states to resist any form of legalization. Republican politicians in North Carolina have resisted passing any bills to legalize or decriminalize marijuana, despite public opinion polls showing broad public support for such changes.
Senate President Phil Berger said he expects his chamber to revisit efforts to legalize medical marijuana this week. “We will have a conversation within our caucus if they are interested in whether we do something,” Berger told reporters Tuesday.
The recent actions of Republican President Donald Trump may add a new dimension to these conversations. Trump’s acting attorney general on Thursday signed the drug classification as a less dangerous and less strictly regulated drug than marijuana. Federal law does not legalize marijuana for medical or recreational use.
The meetings, activists said, were at the request of Gov. Mike Braun (R).
“The governor has reached out to us to meet with other heads of his department to get their input on this move,” military veteran Jeff Staker, one of the advocates, told Fox 59. “Our next step, hopefully, will be in the governor’s office.”
Lucy Luman, who is also a veteran and serves as president of Indiana NORML, he said That federal reform “addresses major challenges our lawmakers have raised before.”
Advocates previously met with Indiana Secretary of Business Affairs Mike Speedy, they told WHTR-TV.
“It tells you that the governor has considered it well, and I hope that our organization and others will come into the governor’s office and discuss with him and brainstorm more,” Staker. he said. “You have to realize that a lot of our state legislators have been waiting for that to happen.”
“The feds have made their move, and now it’s time for Indiana to make ours,” he said. “And of course we want to do well.”
State Rep. Jim Lucas (R) said federal marijuana rescheduling “takes away the arguments that the opposition had in our state.”
State Sen. Rodney Pol (D) agreed, saying the Trump administration’s action has “helped get the ball rolling.”
last month, The governor said the “crescendo will rise” in the call to legalize marijuanaregional dynamics as well as law enforcement by opting for reform. But for now, he said, the GOP legislative leadership is “not interested in doing anything anytime soon,” even though “half of Hoosiers probably smoke illegally.”
Braun said he thinks lawmakers should take an “extra look” at medical cannabis and, while he’s personally “agnostic” about legalization, the reality is Indiana is “now surrounded by four states” that allow medicinal or adult use of cannabis.
“Probably half of Hoosiers smoke illegally,” he said, noting that suburban Kentucky allows patients to access medical cannabis, while Illinois, Michigan and Ohio have recreational marijuana laws.
“I’m going to listen to law enforcement. They’ve even changed their minds about legalizing and regulating,” Braun said, adding that he compared cannabis to gambling. The state was late to pass laws allowing adults to gamble, he said, but now ranks among the top three states nationally in terms of per capita revenue from vice.
“Some people won’t want to, just on principle. A lot of police and sheriffs in our state are willing to cross the border (to buy cannabis). It’s going to be a growing problem, so far, the way our state legislature has opposed it,” he said. “I’ve been more agnostic about it. I can see the points of view, and I’ve seen law enforcement move somewhat.”
“So that will give you the best description of where the dynamic is in our state,” the governor told WOWO. “I think the leader of the Senate and the Speaker of the House in particular are cool — and they control the legislative agenda — they’re not interested in doing anything anytime soon. But I think the crescendo will rise, and that pretty much describes where we are.”
Specifically, Ball State University’s (BSU) Bowen Center’s annual Hoosier Poll found that 59 percent of residents support the legalization of cannabis for medical and recreational purposes. An additional 25 percent return allowing patients to access medical marijuana, bringing total support for that reform to 84 percent.
“It’s no secret that I’m not,” Senate President Pro Tem Rodric Bray (R) said at the end of 2024. “I don’t have people coming to me with really compelling medical cases to find out why it’s so beneficial. And any situation I’ve seen, it’s passing medical marijuana, it’s basically passing recreational marijuana.”
House Speaker Todd Huston (R) questioned any medical benefits associated with marijuana, calling the substance a “mental health deterrent.” He and others suggested that lawmakers in favor of reform simply want to increase state revenue.
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In 2017, the city of Oakland made history by becoming the first city in the country to launch a Cannabis Equity Program, which helps those affected by the “War on Drugs” enter the cannabis industry and create thriving local businesses. The program changed policy conversations about cannabis equity in California and across the nation.
Now, in an effort to raise awareness about venture capital and help them survive and thrive, Oakland has launched the nation’s first initiative to promote city-certified venture capital businesses in the cannabis industry. The Oakland Legendary Cannabis Certified Equity Label lets buyers know they support businesses that invest in creating high-quality products by prioritizing equity. The label commemorates the city of Oakland as the birthplace of modern cannabis legalization and highlights its operators as legendary pioneers who define cannabis culture and set standards that are now accepted worldwide. Oakland currently has 50 licensed Equity cannabis businesses.
“Oakland continues to lead with courage and conviction. During my time in Congress, I chaired the Cannabis Caucus and called for cannabis equity programs to address the harm done to Black and Brown communities,” said Oakland Mayor Barbara Lee. “Today, the Oakland Legendary label puts power back where it belongs, helping consumers make informed choices and ensuring that those with the most influence lead and thrive in today’s economy. Oakland is proud to lead the way!”
“The City of Oakland is committed to fostering the economic success of local venture capital companies,” said Ashleigh Kanat, director of Oakland’s Department of Economic and Workforce Development. “The Oakland Legendary brand lets consumers know they’re supporting a certified Oakland stock business and getting a true Oakland experience: premium, authentic and locally produced with a story they won’t find anywhere else. This differentiation will increase the presence of cannabis products in the market.”
“The Oakland Legendary brand is the gold standard for quality,” says Dale Sky Jones, Executive Chancellor of Oakland University. “These are the ones who defined the culture and perfected the craft long before there was a legal market. When you buy Oakland Legendary, you’re not just supporting a local business; you’re getting the world’s most authentic, high-caliber cannabis. These brands are true trendsetters, and once you try them, you’ll understand why Oakland remains the epicenter of the world’s finest cannabis.”
“Root’d believes it is extremely important to highlight the brands of operators who were disproportionately impacted by the War on Drugs and educate the consumer on the importance of protecting the equity brands that have shaped the culture and community of cannabis. These core equity brands are the root ecosystem of our culture; the bigger and stronger the roots, the healthier Root’d’s culture McCullough” 510 has a long legacy in the cannabis industry and has been featured on the front page of the New York Times for being one of the first dispensaries in the nation. “It’s important to us that we direct consumers to amazing products and also shop with a purpose.”
Consumers can easily identify Oakland’s legendary certified equity operators through the Oakland Legendary certification mark on packaging, advertisements, and certified equity dealer windows. In a nod to the resilience of the community, the brand’s official positioning is slightly tilted, with the word “Legendary” rising, symbolizing the upward trajectory and sustained growth of Oakland’s capital operators.
The Oakland Legendary awareness campaign includes exclusive use of the certification mark on packaging and marketing materials and “I Hella ♡ Oakland Legendary Cannabis” swag. High-visibility billboards are located along Highway 880 to publicize the program. The public awareness campaign is supported by the National Equity Trade Network.