Lawmakers passed HB1641, which expands marijuana producer licensure, along with SCR 1047, a measure that targets fraud in post–social equity license transfers. But two other proposals now dominate the conversation at the Capitol: SB1725 and SCR1048, what advocates have started calling the “Evil Twins.”
These measures classify marijuana smoke and odor as a misdemeanor. They undermine key protections in the Arizona Medical Marijuana Act, also known as Proposition 203 (Arizona Medical Marijuana Act), by labeling outdoor secondhand marijuana smoke and odor as both a public nuisance and a health hazard. They also clash with the Proposition 207 (Smart and Safe Arizona Act), which aligned adult-use legalization with the Smoke-Free Arizona Act.
Advocates warn that these policies could trigger a legal nightmare and open the door to discriminatory enforcement. Consider a common scenario: a neighbor files a complaint about marijuana odor—even if you never use cannabis. Police respond after the “smell” dissipates. Officers cannot confirm the complaint, but prosecutors still charge you with creating a nuisance that endangers public health. You face a misdemeanor without any practical way to disprove the allegation.
Despite the clear fact that SB1725 conflicts with Proposition 203 in six places and Proposition 207 in three places, the Republicans on the Senate Judiciary and Elections Committee continued to control the narrative and claim that this measure does not violate the Voter Protection Act. They also refuse to admit that both measures violate the Constitution and deny due process. In a gross display of disregard for all with medical marijuana cards, as well as consumers,and the constitution, the Senate Judiciary and Elections Committee passed both measures, despite opposition from Senate Democrats Senators Ortiz and Kuby, who spoke out against them.
Measures Advance to Rules Committee for Constitutional Review
All five of the remaining cannabis-related measures now move to the Rules Committee, where lawmakers will review their constitutional validity and proper form before sending them further along in the legislative process.
Details
Not-Dead
SB1363: Marijuana; Rural Opportunity Initiative
No Movement
01/22/2026 Introduced Senate
01/26/2926 Senate First Read
01/26/2026 Assigned Senate Natural Resources
01/27/2027 Senate Second Read
02/10/2026 Passed Natural Resources (vote 8-0-0)
This legislation authorizes 18 new dual-license marijuana permits for communities with fewer than 50,000 residents that sit at least 25 miles from the nearest existing dispensary. The Department of Health Services will grant these licenses to the first qualified applicants who submit timestamped electronic filings, using a random drawing only to break a tie. Although the bill expands the market, it preserves local authority by allowing cities and counties to opt out of the program through a formal resolution. Once they secure a license, business owners must launch their retail sites within 18 months and maintain at least 24 hours of operation per week.
Sections Affected
36-2803.01 Amended
36-2854 Amended
36-2857.01 Added
Sponsor:
Gowan Prime
VPA- Voter Protection Act (Prop 105): Yes
MORE INFO
Senate NR Fact Sheet
SB 1641 Marijuana Producers; Licensure
01/30/2026 Introduced Senate
02/05/2026 Senate First Read
02/05/2026 Assigned Senate Regulatory Affairs and Government Efficiency (RAGE)
02/18-2026 Passed Senate Regulatory Affairs and Government Efficiency (RAGE) (vote 8-0-0)
A marijuana producer is a licensed entity that can cultivate, process, manufacture, package, and store marijuana and marijuana products at a single location, but cannot sell or transfer them directly to consumers. Applications for these licenses will open on January 1, 2029, but until January 1, 2032, only entities with contracts established by January 1, 2026 with a marijuana establishment, nonprofit dispensary, or management company are eligible. During this period, licenses cannot be transferred or subleased, and unlicensed entities are prohibited from cultivating or manufacturing at producer sites. Beginning in 2030, the department will review market conditions annually and may issue additional licenses if it determines consumers would benefit. Marijuana producers are subject only to the same rules as marijuana establishments unless the law specifically provides otherwise.
Sections Affected:
36-2850 Amended
36-2854 Amended
36-2857 Amended
36-2858 Amended
36-2859 Amended
36-2860 Amended
36-2861 Amended
36-2864 Amended
36-2865 Amended
Sponsor:
Payne
VPA- Voter Protection Act (Prop 105): Yes
MORE INFO
SENATE FACT SHEET: 02/16/2026 RAGE
SB1725: Marijuana Smoke; Public; Private Nuisance
02/04/2026 Senate Introduced
02/05/2026 Senate First Read
02/05/2026 Assigned Senate Judiciary (JUD)
02/20/2026 Passed Senate Senate Judiciary and Elections (JUDE) (vote 5-2-0)
Expands Arizona’s nuisance laws to explicitly treat excessive marijuana smoke and odor as a type of “crime” for purposes of declaring a residential property a nuisance, allowing affected residents, homeowner/property owner associations, and government attorneys to sue to abate the activity, with notice procedures and potential cost liens if an owner who knows about the activity fails to act. The bill also amends the criminal and public nuisance statutes to create presumptions that producing excessive marijuana smoke and odor endangers others’ health/safety (criminal nuisance) and is injurious, offensive, and interferes with property enjoyment (public nuisance)
Sections Affected:
12-991 Amended
13-2908 Amended
13-2917 Amended
Sponsor:
Mesnard
VPA- Voter Protection Act (Prop 105)– NO, but should be
MORE INFO
SENATE FACT SHEET: 02/16/2026 JUDE
SCR1047: Public Benefits; Fraud; Remedies
02/04/2026 Senate Introduced
02/05/2026 Senate First Read
02/05/2026 Assigned Senate Public Safety (PS)
02/18/2026 Passed Senate Public Safety (PS) (Vote 4-3-0)
A legislative referendum proposing comprehensive anti-fraud measures across multiple areas of state law. The resolution establishes an Attorney General Marijuana Enforcement Fund to investigate and prosecute fraud in marijuana licensing, enforce the Social Equity Ownership Program, support reentry programs, and provide grants to communities historically impacted by marijuana enforcement. It creates a receivership process allowing the Attorney General to take control of marijuana establishment licenses obtained under the Social Equity Ownership Program when fraud or predatory agreements are involved, with strict qualifications for appointed receivers and mechanisms for restoring licenses to original qualifying owners. The measure also introduces personal liability for elected and appointed officials who knowingly direct public funds to individuals who are not U.S. citizens or lawful permanent residents, stripping them of immunity and prohibiting government reimbursement of any resulting judgments or legal fees. Finally, it establishes broad civil fraud prohibitions with penalties ranging from 11,000 to 11,000 to 25,000 per violation, triple damages, and mandatory revocation of any licenses obtained through fraudulent means. If approved by voters, these provisions would significantly expand the Attorney General’s enforcement authority over fraud affecting state programs and resources.
Sponsor:
Payne
VPA- Voter Protection Act (Prop 105): No, goes to ballot
MORE INFO
SENATE FACT SHEET: 02/16/2026 PS
SCR1048: Public; Private Nuisance; Marijuana Smoke
02/04/2026 Senate Introduced
02/05/2026 Senate First Read
02/05/2026 Assigned Senate Judiciary (JUD)
02/20/2026 Senate Judiciary and Elections (JUDE) (vote 4-3-0)
Expands Arizona’s nuisance laws to explicitly treat excessive marijuana smoke and odor as a type of “crime” for purposes of declaring a residential property a nuisance, allowing affected residents, homeowner/property owner associations, and government attorneys to sue to abate the activity, with notice procedures and potential cost liens if an owner who knows about the activity fails to act. The bill also amends the criminal and public nuisance statutes to create presumptions that producing excessive marijuana smoke and odor endangers others’ health/safety (criminal nuisance) and is injurious, offensive, and interferes with property enjoyment (public nuisance)
Sections Affected:
12-991 Amended
13-2908 Amended
13-2917 Amended
Sponsor:
Mesnard
VPA- Voter Protection Act (Prop 105):– No, goes to ballot
MORE INFO
SENATE FACT SHEET: 02/16/2026 JUDE
DETAILS
DEAD BILLS
HB2081-Medical Marijuana; Terminal Illness (Ryan’s Law)
No Movement
Pre filed Intro
01/12/2026 House First Read
01/13/2026 Second Read
01/13/2026 Assigned House Health and Human Services Committee
The proposal, titled Ryan’s Law, would update Arizona’s medical marijuana statute by clarifying definitions and expanding protections for qualifying patients, particularly those with terminal illnesses. The measure would maintain existing possession and cultivation limits for patients and caregivers, refine eligibility standards for caregivers and dispensary agents, and reaffirm restrictions related to prior violent or serious felony convictions. It would also require licensed health care facilities to allow terminally ill patients to use medical marijuana in designated areas, prohibit smoking or vaping, include marijuana use in medical records, and permit reasonable storage and safety restrictions, unless compliance would jeopardize federal funding or licensing. Other facilities could still adopt reasonable limits on use, but could not unreasonably deny access. The changes would take effect only with approval by a three‑fourths vote of each chamber of the Legislature.
Sections Affected:
36-2801 Amended
36-2805 Amended
Sponsor: Bliss
VPA- Voter Protection Act (Prop 105): Yes
MORE INFO
HB 2632: Landlords; Tenant’s Marijuana Use
No Movement
01/15/2026 Introduced House
1/20/2026 House First Read
1/21/2026 House Second Read
1/20/2026 Assigned House Commerce Committee
The measure would prohibit landlords from terminating a rental agreement solely because a tenant uses marijuana.
Sections Affected:
33-1317.01 Added
Sponsor:
Austin Prime
Garcia Co-Sponsor
Sandoval Co-Sponsor
Villegas Co-Sponsor
VPA- Voter Protection Act (Prop 105): Yes
MORE INFO
HB2801: Marijuana Convictions; Misdemeanors; Fines; Assessments
No Movement
01/15/2026 Introduced House
01/20/2026 House First Read
01/20.2026 Assigned House Judiciary Committee
01/21/2026 House Second Read
The legislation would expand and clarify Arizona’s marijuana expungement law, allowing individuals with certain low‑level marijuana offenses committed before November 30, 2020, to petition courts to erase their criminal records. Eligible offenses include limited possession, small‑scale home cultivation, and marijuana paraphernalia. Courts would notify prosecutors, hold hearings if needed, and grant expungement unless prosecutors prove ineligibility. Approved petitions would vacate convictions, seal records, restore civil rights, and prevent expunged offenses from being used in future prosecutions, with the measure taking effect only if three‑fourths of lawmakers in each chamber approve it.
Sections Affected:
36-2862 Amended
Sponsor:
Volk
VPA- Voter Protection Act (Prop 105): Yes
MORE INFO
HCR2029: Marijuana; Unincorporated Areas; Reservations; Prohibition
No Movement
01/15/2026 Introduced House
HCR 2029 would send a measure to Arizona voters that bars the state from issuing medical or adult‑use marijuana licenses in unincorporated areas completely surrounded by Indian reservations. The proposal would prohibit nonprofit medical marijuana dispensaries, marijuana establishments, and marijuana testing facilities from operating in these locations, effectively limiting cannabis businesses in so‑called “county islands” encircled by tribal land, with voters deciding the issue at the next general election.
Sponsor:
Peshlakai Prime
Austin Co-Sponsor
Cavero Co-Sponsor
Connolly Co-Sponsor
Liguori Co-Sponsor
Márquez Co-Sponsor
Sandoval Co-Sponsor
Villegas Co-Sponsor
VPA- Voter Protection Act (Prop 105): No (goes to ballot)
MORE INFO
HCR2037 Marijuana; Conviction Exclusion; Cultivation
(The Arizona Marijuana Alignment and Public Safety Act)
No Movement
01/15/2026 Introduced House
The Arizona Marijuana Alignment and Public Safety Act would update state marijuana law by tightening licensing requirements, regulating cultivation, and preparing for potential federal changes. The proposal would bar individuals with violent crime convictions from owning or controlling marijuana businesses and require regulators to deny or revoke licenses for violations. It would set a standard cultivation canopy of 15,000 square feet per license, allow approved shared canopy agreements, and establish enforceable limits on residual solvents in marijuana products. The measure would prohibit interstate marijuana commerce unless federal law allows it, require a seed‑to‑sale tracking system to prevent diversion, and authorize license suspension or revocation for violations. It would also direct the state to develop a framework for voluntary participation in any future federal marijuana registration system and allow information sharing with federal agencies, with the proposal ultimately going before voters at the next general election.
Sections Affected:
36-2870 Added
36-2871 Added
36-2872 Added
36-2873 Added
36-2874 Added
Sponsor:
Rivero Prime
VPA- Voter Protection Act (Prop 105): No (goes to ballot)
MORE INFO
SB1640 Marijuana; Qualifying Illnesses; Testing; Complaints
No Movement
01/30/2026 Introduced Senate
Updates to Arizona law affecting naturopathic medicine and the Medical Marijuana Program. It clarifies that naturopathic medicine may only be practiced by a doctor licensed under Title 32. Under Title 36, the bill expands qualifying medical marijuana conditions to include PTSD, autism spectrum disorder (when diagnosed by an MD, DO, or licensed psychologist), and certain gynecological conditions. It caps patient application fees at $25 and exempts honorably discharged U.S. veterans from the fee. SB 1640 also strengthens marijuana testing, batching, labeling, and laboratory oversight by setting limits on batch size and timing, requiring unique batch numbers, standardizing sampling and testing methods, mandating Certificates of Analysis accessible via QR codes on product packaging, and imposing enhanced lab accreditation, proficiency testing, and record‑keeping requirements beginning January 1, 2028. In addition, it requires independent third‑party compliance testing, increases transparency by making substantiated complaints public while protecting complainant identities, and mandates that Medical Marijuana Fund revenues be used for marijuana clinical trial grants, including up to 5 million annually for five years through the Arizona Biomedical Research Centre for FDA‑approved trials.
Sections Affected:
32-1501 Amended
36-2801 Amended
36-2803 Amended
36-2804.02 Amended
36-2817 Amended
36-2822 Amended
36-2854.01 Amended
36-2866 Added
36-2867 Added
Sponsor:
Payne
VPA- Voter Protection Act (Prop 105): Yes
MORE INFO