marijuana smoke; public; private nuisance
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Overview
This bill establishes legal grounds for pursuing nuisance claims related to excessive marijuana smoke or odor. It defines ‘excessive’ as detectable odor lasting over 30 minutes on a single occasion or three days in a month, and allows property owners to seek injunctive relief, damages, and court costs if the odor substantially interferes with their property use. The bill also outlines a process for local jurisdictions to address complaints and clarifies that local ordinances are not preempted.
Key provisions
- Defines ‘excessive marijuana smoke or odor’ as detectable and persistent.
- Allows private property owners to sue for nuisance if odor substantially interferes with their property.
- Requires notice to the responsible party before legal action can be taken.
- Establishes a 5-day period for abatement after notice.
- Local jurisdictions must address complaints before private lawsuits can be filed.
- Failure to comply with abatement orders is a petty offense.
- Recognizes possession of a registry identification card as a mitigating factor.
- Designates excessive marijuana smoke or odor as a public nuisance under certain circumstances.
Who is affected
- Property owners
- Residents
- Local governments (cities, towns, counties)
- Homeowners' associations/Condominium associations
- Marijuana users (potentially, due to nuisance claims)
Bill text
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Sponsors
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1 on record
Primary sponsor
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