Committee advances SB1725 defining "excessive marijuana smoke or odor" as nuisance; counsel flags voter-initiative issue
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Summary
The Rules Committee recommended Senate Bill 1725 as constitutional and in proper form. The rules attorney said the bill defines "excessive marijuana smoke or odor" with a 30-minute or three-day-in-30 requirement but flagged potential applicability of voter-protection requirements (referred to in the transcript as BPA) and suggested the bill may need a three-fourths enactment clause.
The Rules Committee advanced Senate Bill 1725 with a recommendation after the rules attorney summarized the bill and identified potential voter-protection issues.
Holder said SB1725 makes "excessive marijuana smoke or odor" a private and public nuisance, defining it as airborne emissions detectable by a reasonable person that either occur for 30 consecutive minutes on a single occasion or on at least three different days within a 30-day period. Holder noted that because legal marijuana use derives from voter initiatives, measures that restrict that use can implicate the voter protection framework referenced in the transcript as "BPA," which may require measures that amend voter-approved statutes to include a three-fourths enactment clause. Holder recommended amending the bill to include the three-fourths requirement if the committee believes the BPA applies and warned the bill could be subject to legal challenge on those grounds.
After brief questions about the underlying initiative form, the committee recorded a roll call with the recommendation reported as 5 ayes and 3 nays and advanced the measure.
