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HB 2904

landlords; tenant's marijuana use

57th Legislature - First Regular Session Introduced by Anna Abeytia and 2 co-sponsors

Arizona bill restricting landlords from prohibiting tenant marijuana use or evicting based on legal cannabis consumption.

House Second Reading
0
WeVote Research Nonpartisan
Bill Summary · HB 2904

Legislative bill overview

HB 2904 would restrict landlords' ability to prohibit tenants from using marijuana in rental properties in Arizona. The bill appears designed to prevent landlords from enforcing blanket no-marijuana policies or using marijuana use as grounds for eviction, aligning with Arizona's legalization of recreational marijuana in 2020.

Why is this important

This addresses a growing tension between state marijuana legalization and landlord property rights. Currently, landlords can legally refuse to rent to users or evict for marijuana use even where it's legal, creating practical barriers for cannabis consumers accessing housing—an issue affecting thousands of Arizona renters.

Potential points of contention

  • Property rights vs. consumer rights: Landlords argue they should control what happens on their property; tenant advocates counter that legal substance use shouldn't trigger housing loss
  • Federal-state conflict: Marijuana remains federally illegal, creating uncertainty about whether landlords face liability for allowing use on properties they own
  • Enforcement and odor issues: Landlords may legitimately face complaints from neighboring tenants about marijuana smoke/odor; unclear how disputes would be resolved
  • Lease flexibility: The bill's scope regarding private leasing agreements is unclear—can landlords still set conditions through negotiated contracts, or is this a blanket prohibition?

Compiled from official sources — confirm details with the bill’s official record.

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