SB1725, the “marijuana smoke; public; private nuisance” bill, passed, while its twin, SCR1048, did not. But just like the Black Knight in that Monty Python movie who refuses to die despite losing his legs (and arms, for that matter), SCR1048 clawed its way back at the end of the Senate floor session when Senator J.D. Mesnard motioned to reconsider.
SB1725 and SCR1048 had their moment on the Senate floor during Third Read on Monday, March 9, 2026.
SB1725 took the spotlight first. Senator Analise Ortiz, Democrat from LD24, and Senator Lauren Kuby, Democrat from LD8, both voiced strong opposition. Senator Ortiz argued the bill conflicts with Prop 207 the Smart and Safe Act of Arizona.
But not all Democrats stayed in line. Senator Mitzi Epstein, Democrat from LD12, and Senator Theresa Hatathlie, Democrat from LD7, broke with their party and explained their yes votes. Both said marijuana smoke is a nuisance to them. Senator Epstein added that the bill doesn’t go far enough. “It should cover all smoke, not just marijuana,” she said, calling out cigarette and cigar smoke as well.
Judging by the vote count, they weren’t the only Democrats who felt that way.
Then Senator Kuby explained her no vote. She noted that she’s vegan and that the smell of meat on a BBQ offends her. She warned that this law could set a dangerous tone for future legislation.
That’s when the mood lightened. President Pro Tempore Senator T.J. Shope, Republican from LD16, jokingly mentioned that Senator Kevin Payne, Republican from LD27, might object given that Payne owns a BBQ food truck. Senator Payne didn’t speak on the bill, but his no vote made his stance clear. And he wasn’t alone. Senator Jake Hoffman, Republican from LD15 and a member of the Freedom Caucus, also voted no. The Freedom Caucus, a group of conservative Republicans who champion limited government and individual liberties, likely saw the bill as government overreach—particularly when it comes to outdoor smoking bans.
In closing, Senator J.D. Mesnard, Republican from LD13 and the bill’s sponsor, stood up to defend SB1725. He said he was surprised by the public backlash—some people thanked him, others opposed him, especially pro-cannabis advocates. They saw through what he called amendments to make the “twins” better. Senator Mesnard insisted that people misunderstood his intent and that he’d softened the bill’s language. But to cannabis advocates, the bill still strips away protections. It removes the definition of excessive marijuana smoke or odor as a criminal nuisance and redefines it in sweeping terms, relying on vague, subjective standards, whatever a so-called “reasonable person” might detect. Advocates argued the bill turns cannabis use into a threat by branding it a private nuisance if smoke crosses property lines and interferes with someone’s enjoyment and even a public nuisance if deemed intentional. Even with superficial notice requirements, they warned it opens the door to neighbor lawsuits, empowers homeowners’ associations to crack down, and imposes penalties for non-compliance with abatement orders each day of “violation” counting as a separate offense. Senator Mesnard claimed the bill was less harsh than before, but to cannabis advocates, it still looks like a tool that could be weaponized to harass responsible users and limit their freedom in their own homes.
In the end, SB1725 passed with a 20-9-1 vote. But its twin, SCR1048, didn’t share the same fate. The resolution designed to go to the ballot and become voter-protected if passed faced a near-silent death. Only one senator explained his vote: President Pro Tempore Senator Shope. He said he supported the measure, reminding everyone that Arizona already passed the Smoke-Free Act, which restricts smoking in restaurants, within 25 feet of doors, and on public playgrounds. “This just takes it one step further,” Senator Shope said.
Despite that, all the Democrats who had supported SB1725 and two Republicans voted against SCR1048. It failed with a final vote of 14-15-1.
But the story wasn’t over. At the end of the session, Senator Mesnard refused to let the twins part ways. He motioned to reconsider and that motion passed. SCR1048 is alive… for now. But if it doesn’t get heard in the opposite chamber’s standing committee by March 27, it’s officially dead. For now, though, the Black Knight fights on.
**EDIT**
After the vote, Senator Mesnard made a Motion to Reconsider the measure, and a Division was called on that motion. At the Arizona State Capitol, a Division is a parliamentary procedure used to verify the outcome of a voice vote by requiring senators to visibly indicate their vote so it can be counted more clearly.
Because the Motion to Reconsider was made, SCR1048 remains alive for three legislative days, meaning the Senate has that window of time to bring the measure back for another vote. If it is not reconsidered within that period, the measure will effectively die for the session.