During the 2020 General Election, Arizona voters approved Proposition 207, which legalizes and governs the adult use, regulation and taxation of recreational marijuana. On November 30, 2020, the Arizona Secretary of State certified the voters’ approval and the Proposition became the Smart and Safe Arizona Act (the “Act”). Please also note that local (County, City and/or Town) ordinances may enact further restrictions/regulations on recreational marijuana.

While the Act has a number of intricacies, the primary concern amongst community associations is whether it will result in increased recreational marijuana use on the common areas and/or individual lot/units (specifically within Condominiums with shared walls, ventilation, etc.), and if so, how community associations may regulate/govern such use.

Marijuana on Common Areas
According to the Arizona Legislative Council: (1) the Act does not authorize a person to “smoke marijuana in a public place or open space”; and (2) “a person who owns, manages or leases a property could prohibit or regulate possessing, smoking, producing, processing, manufacturing or selling marijuana on the property.”

Based on the foregoing, it is my opinion that the Act does not prohibit community associations from enacting reasonable rules and regulations prohibiting and/or regulating the use of marijuana on the common areas. Please contact Mulcahy Law Firm, P.C. for assistance in drafting/reviewing/revising rules and regulations prohibiting and/or regulating the use of marijuana on the common areas.

Marijuana within a Lot/Unit
While a community association’s authority to regulate the common areas is fairly straight forward, any attempt to regulate the use of marijuana within a lot/unit is more complicated. The Act permits individuals to consume and grow a limited amount of marijuana within a private residence. As such, if a permitted use within a private residence were impacting other lots/units and/or the common areas (e.g. via smoke fumes and/or odors that potentially create a nuisance), further analysis and evaluation would be required.

Please contact Mulcahy Law Firm, P.C. with any questions on this important topic!