Week four of Arizona’s legislative session marked a turning point for cannabis policy. Bills moved quickly, committees sharpened their positions, and lawmakers signaled where they stand on voter‑approved legalization. Some proposals aim to modernize and protect the system voters created. Others take a sharper turn, using nuisance law and criminal presumptions to restrict cannabis without ever saying the word “ban.”
SB 1725: The Nuisance Bill That Rewrites Cannabis Enforcement
Arizona SB 1725 signals a hard shift away from voter‑approved cannabis freedom, and advocates continue to sound the alarm.
Senator J.D. Mesnard, a Republican from Legislative District 13 representing Chandler, Gilbert, and Sun Lakes, introduced SB 1725 alongside its closely linked counterpart, SCR 1048. Supporters describe the bill as a response to odor complaints, but the language stretches far beyond common‑sense neighbor disputes. The proposal expands Arizona’s authority to treat marijuana smoke and odor as both a civil and criminal issue and embeds those changes directly into Arizona’s criminal code under Title 13.
On the civil side, SB 1725 and SCR 1048 rewrite Arizona’s residential nuisance statute, A.R.S. § 12‑991. The bill declares that generating excessive marijuana smoke or odor now counts as a “crime.” That redefinition carries serious consequences.
Section 12‑991 exists to shut down properties linked to ongoing criminal activity. By inserting marijuana odor into the definition of a crime, the bill opens the door to anti‑crime nuisance lawsuits against households engaged in otherwise lawful cannabis use.
The bill authorizes lawsuits when a property allegedly produces repeated marijuana odor. It keeps notice requirements on paper, but once an owner knows or authorities claim the owner should know about the odor, the pressure escalates fast. If the owner fails to act, the government can step in, abate the situation, and bill the owner for the cost. Those expenses can attach to the property as a lien with strong priority rights. In practical terms, SB 1725 turns cannabis odor into a legal lever that threatens housing stability.
SB 1725 goes further by reshaping Arizona’s criminal statutes in ways that tilt the scales against cannabis consumers.
Under A.R.S. § 13‑2908, the criminal nuisance statute, the bill presumes that excessive marijuana smoke or odor endangers the health or safety of others. Prosecutors no longer need to prove actual harm. The law starts with the assumption.
Under A.R.S. § 13‑2917, the public nuisance statute, the bill presumes that marijuana odor injures health, offends the senses, interferes with property enjoyment, and qualifies as a public nuisance. Once again, the statute hands the government a shortcut, forcing anyone accused to fight uphill against built‑in legal conclusions.
Together, these changes make criminal charges easier to file and harder to defend, all over odor.
Why Advocates Call SB 1725 Prohibitionist
SB 1725 never declares marijuana illegal. Instead, it revives prohibition tactics through modern legal tools.
The bill reclassifies marijuana odor as a crime, triggers aggressive nuisance enforcement, and reaches far beyond traditional policing. It empowers neighbors, homeowner associations, and private parties to sue. It adds criminal presumptions that lower the government’s burden of proof. It targets homes with injunctions, forced abatement, and property liens. Because the bill never defines what qualifies as “excessive” odor, it invites subjective, uneven enforcement.
This strategy mirrors historic alcohol prohibition tactics that shut down behavior by attacking the place where it happens. Lawful adult cannabis use becomes a repeatable pathway to court orders, property penalties, and displacement, even though voters legalized marijuana.
Rather than address odor through ventilation standards or reasonable civil remedies, the bill reframes cannabis odor as a public wrong tied to criminality. That framing clashes directly with the choice Arizona voters made.
The “Evil Twin”: SCR 1048 and the Voter Protection Trap
SB 1725 does not stand alone. Lawmakers paired it with a Senate Concurrent Resolution, SCR 1048, a move that carries long‑term consequences. Arizona voters passed the Voter Protection Act in 1998 to stop lawmakers from undermining voter‑approved initiatives. The VPA blocks the Legislature from weakening those laws unless lawmakers reach a 75 percent vote threshold and show that the change furthers the original purpose. An SCR can send a measure directly to the ballot. If voters approve it, the policy becomes voter‑protected law. Future legislatures then face steep barriers to repeal or reform it. In effect, lawmakers could use an SCR to lock restrictive cannabis policies into place, this time with voter approval, and shield them from future change.
SB 1725 never says “marijuana is illegal.” Instead, it builds a framework that makes marijuana smoke and odor easy to punish, easy to sue over, and easy to drive out of homes and neighborhoods. Critics see a familiar pattern: when lawmakers cannot ban cannabis outright, they regulate it into the shadows.
A Different Path: Senator Payne’s SCR 1047
Not every cannabis measure this session moves backward. Senator Payne’s SCR 1047 offers a voter‑aligned update that strengthens legalization instead of eroding it. The proposal targets real post‑legalization problems, including fraud, predatory contracts, and abuse of social‑equity licenses, while protecting lawful consumers and operators. It creates a dedicated Attorney General Marijuana Enforcement Fund that uses marijuana revenue exclusively for cannabis oversight, fraud investigations, social‑equity enforcement, reentry programs, and grants for communities harmed by past prohibition. The measure locks those funds in place and keeps them continuously available.
SCR 1047 also protects social‑equity license holders by allowing the Attorney General to appoint qualified receivers when fraud or predatory agreements undermine a license. It defines predatory agreements clearly, preserves value for original applicants, and creates a path to restore licenses to qualified owners.
SB 1681: Expanding Access Without Expanding Footprints
Another proposal, SB 1681 from Senator T.J. Shope, a Republican from Legislative District 8 representing Coolidge, takes yet another approach. The bill would grant certain adult‑use‑only marijuana businesses a path to hold both recreational and medical licenses.
Under SB 1681, marijuana establishments in good standing that do not already hold dual licenses could apply for a nonprofit medical marijuana dispensary license. The state would begin accepting applications on August 1, 2026, and must issue all approved licenses by October 1, 2026. Once a business submits a complete application and fee, the Department must issue the license.
After approval, the business becomes a dual licensee. The dispensary can serve registered medical patients, caregivers, and adult‑use consumers from the same location. Patients gain more places to shop, and compliant businesses can serve both communities under one roof.
The bill sets firm guardrails. Dual licensees cannot open new grow sites or manufacturing facilities under this program. They must operate within their existing footprint, keeping expansion controlled and predictable.
To protect voter‑approved medical marijuana law, the bill requires a three‑fourths vote of both the House and Senate before taking effect. Lawmakers also label it an emergency measure, allowing it to move forward immediately after passage.
SB 1681 strengthens patient access, supports compliant operators, and avoids new enforcement risks. Unlike SB 1725, it builds on legalization rather than rolling it back.
DETAILS
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
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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
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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
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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)
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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)
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SB1363: Marijuana; Rural Opportunity Initiative
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 SCHEDULED Natural Resources TIME:1:30 P.M.ROOM:SHR 1
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
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
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)
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
SB1681: Medical Marijuana; Registration Certificates
02/04/2026 Senate Introduced
The measure adds a new section (A.R.S. § 36-2823) allowing a marijuana establishment that is in good standing with the department and not already a dual licensee to apply for a nonprofit medical marijuana dispensary registration certificate. Once a qualified applicant submits a complete application and fee, the department must issue the certificate, accepting applications starting August 1, 2026 and issuing certificates before October 1, 2026. Any establishment that receives this certificate becomes a dual licensee and may dispense only to registered qualifying patients and designated caregivers, and only from the same retail location where it sells adult-use marijuana under chapter 28.2, while being prohibited from operating any additional off-site cultivation or manufacturing locations. The measure incorporates definitions from § 36-2850, requires a three-fourths vote of each legislative chamber to take effect, and is declared an emergency measure operative immediately if enacted.
Sections Affected:
36-2823 Added
Sponsor:
Shope
VPA- Voter Protection Act (Prop 105): Yes
MORE INFO
SB1725: Marijuana Smoke; Public; Private Nuisance
02/04/2026 Senate Introduced
02/05/2026 Senate First Read
02/05/2026 Assigned Senate Judiciary (JUD)
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
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SCR1047: Public Benefits; Fraud; Remedies
02/04/2026 Senate Introduced
02/05/2026 Senate First Read
02/05/2026 Assigned Senate Public Safety (PS)
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
SCR1048: Public; Private Nuisance; Marijuana Smoke
02/04/2026 Senate Introduced
02/05/2026 Senate First Read
02/05/2026 Assigned Senate Judiciary (JUD)
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