(1) As used in this section, "objectionable odor" means pollution of the ambient air beyond the property line of a facility consisting of an odor that, considering the odor's characteristics, intensity, frequency, and duration: (a) is, or can reasonably be expected to be, injurious to public health or welfare; or (b) unreasonably interferes with the enjoyment of life or the use of a person's property that is exposed to the odor. (2) (a) Before January 1, 2026, the department shall provide a report with recommendations to the Medical Cannabis Governance Structure Working Group created in Section 36-12-8.2 regarding objectionable odor control standards for cannabis production establishments. (b) The department shall: (i) work with a cannabis production establishment to monitor odor emitted by the cannabis production establishment; and (ii) consult with each county and municipality that currently has a cannabis production establishment sited within the county or municipality's boundaries regarding potential standards for the maximum amounts of objectionable odors emitted by a cannabis production establishment. (c) A cannabis production establishment shall provide information related to the cannabis production establishment's odor emissions to the department upon request. (d) The report shall include an analysis regarding: (i) potential standards for measurement of objectionable odors related to cannabis production and distinct levels of odor tolerability; (ii) the feasibility of setting a universal odor control standard; (iii) the feasibility of enforcing odor control standards; (iv) cost incurred by a cannabis production establishment to comply with potential odor control standards; (v) interests of other businesses and community members affected by objectionable odor; and (vi) other information the department deems relevant. (3) The department shall examine odor control regulation from other locales. (4) The department may collaborate with other state agencies when creating the recommendations.
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