HB496: HB496 Criminal procedure; scent of marijuana, cannabis, or hemp; provide imitations on stops, searches, seizures, or arrests

Under current practice, Georgia law enforcement officers can sometimes rely on the smell of marijuana alone to justify stopping a vehicle or person, or to search a car, because hemp and marijuana can smell similar and hemp is now legal. This bill would add a new section to Georgia's arrest law (O.C.G.A. § 17-4-31) that says the scent of marijuana, cannabis, or hemp by itself, whether it smells burnt or not, cannot count as reasonable suspicion or probable cause. Specifically, officers would be barred from stopping a person or vehicle, or searching a vehicle, driver, or passenger, based solely on that scent. The bill does not affect other evidence officers might use alongside scent, such as visible drugs or other suspicious behavior. It repeals any conflicting laws and does not specify a separate effective date beyond the standard process for bills signed into law.

• Adds a new Code section (O.C.G.A. § 17-4-31) stating the scent of marijuana, cannabis, or hemp alone, burnt or not, cannot create reasonable suspicion or probable cause.
• Prohibits officers from stopping a person or motor vehicle based solely on that scent.
• Prohibits officers from searching or asking to search a vehicle, driver, or passenger based solely on that scent.
• Repeals any existing Georgia laws that conflict with these new limits.

The bill affects Georgia law enforcement officers, who would lose scent alone as grounds for a stop or search, and drivers and passengers, who would gain a specific legal protection against stops and vehicle searches justified only by the smell of marijuana, cannabis, or hemp.

Because legal hemp and illegal marijuana can smell alike, officers have sometimes used scent alone to justify stops and searches. This bill would remove that basis, meaning drivers could not be pulled over or have their car searched on smell alone, without other supporting evidence.

• Section 1 creates new Code section 17-4-31(a), declaring that scent alone, burnt or unburnt, does not establish reasonable suspicion or probable cause.
• Section 1 also adds subsection (b), specifically barring stops of people or vehicles based solely on the scent.
• Subsection (b)(2) separately bars officers from searching or requesting to search a vehicle, driver, or passenger based solely on the scent.
• Section 2 repeals all conflicting laws, a standard clause clearing away inconsistent prior statutes.

1. 2025-02-20House Second Readers (House)
2. 2025-02-19House First Readers (House)
3. 2025-02-18House Hopper (House)

• Jasmine Clark (D, HD-108)Primary sponsor
• Tanya Miller (D, HD-062)
• Jordan Ridley (R, HD-022)
• Derrick Jackson (D, HD-068)
• Dar'shun Kendrick (D, HD-095)
• Akbar Ali (D, HD-106)

• marijuana and hemp law
• police searches
• traffic stops
• criminal procedure