HB41: HB41 Georgia Local Governance and Fair Enforcement Act; enact

Under current Georgia law, possessing one ounce or less of marijuana is generally a misdemeanor, but the law setting that penalty includes exceptions tied to two other Code sections dealing with county and municipal ordinances. House Bill 41 would rewrite the state penalty section (O.C.G.A. § 16-13-2(b)) so that the misdemeanor penalty, up to 12 months in jail, a $1,000 fine, or public works, applies notwithstanding any other law, removing the specific cross-reference to those local-ordinance sections. At the same time, the bill adds a new subsection to O.C.G.A. § 36-1-20 explicitly authorizing county governing authorities to pass ordinances governing possession of one ounce or less of marijuana in unincorporated areas, capped at a $1,000 fine, with proceeds going into the county treasury. The bill is titled the 'Georgia Local Governance and Fair Enforcement Act' and repeals conflicting laws.

• Rewrites the state misdemeanor penalty for possessing one ounce or less of marijuana (O.C.G.A. § 16-13-2(b)) so it applies notwithstanding any other law, removing a specific reference to two local-ordinance Code sections.
• Adds a new subsection to O.C.G.A. § 36-1-20 letting county governments pass ordinances that govern and punish possession of one ounce or less of marijuana in unincorporated areas.
• Caps any county ordinance penalty for marijuana possession at a $1,000 fine and requires each ordinance to state its own maximum punishment.
• Directs that fines and forfeited bonds from these county marijuana cases go into the county's own treasury rather than elsewhere.
• Sets a short title, the 'Georgia Local Governance and Fair Enforcement Act,' and repeals any state laws that conflict with the bill.

Georgia counties and their governing authorities, which gain explicit power to pass local marijuana possession ordinances; people charged with possessing small amounts of marijuana, whose penalties could depend on where they live; and county treasuries, which would collect resulting fines.

The bill changes how possession of small amounts of marijuana is punished depending on local rules versus state law, potentially creating different penalties for the same conduct across county lines, and it directs any fine money collected under new county ordinances into local coffers.

• Section 1 names the bill the 'Georgia Local Governance and Fair Enforcement Act.'
• Section 2 revises O.C.G.A. § 16-13-2(b) to state that the misdemeanor penalty for possessing one ounce or less of marijuana applies 'notwithstanding any law to the contrary,' removing the prior reference to Code Sections 36-1-20 and 36-32-6.
• Section 3 adds subsection (e) to O.C.G.A. § 36-1-20, authorizing county governing authorities to adopt ordinances governing possession of one ounce or less of marijuana in unincorporated areas, with fines capped at $1,000 and proceeds paid into the county treasury.
• Section 4 repeals any state laws that conflict with the Act.

1. 2025-01-16House Second Readers (House)
2. 2025-01-15House First Readers (House)
3. 2025-01-14House Hopper (House)

• Viola Davis (D, HD-087)Primary sponsor
• Sandra Scott (D, HD-076)
• Kim Schofield (D, HD-063)

• marijuana possession
• county ordinances
• local government authority
• criminal penalties