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

25 LC 48 1429 House Bill 496 By: Representatives Clark of the 108th, Miller of the 62nd, Ridley of the 22nd, Jackson of the 68th, and Kendrick of the 95th A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 4 of Title 17 of the Official Cod e of Georgia Annotated,1 relating to arrest by law enforcement officers generally, so as to provide for limitations on2 stops, searches, seizures, or arrests regarding the scent of marijuana, cannabis, or hemp on3 its own; to provide for related matters; to repeal conflicting laws; and for other purposes.4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 SECTION 1.6 Article 2 of Chapter 4 of Title 17 of the Official Code of Geor gia Annotated, relating to7 arrest by law enforcement officers generally, is amended by adding a new Code section to8 read as follows:9 "17-4-31.10 (a) The scent of marijuana, cannabis, or hemp on its own, whether burnt or not, shall not11 provide a law enforcement officer with reasonable suspicion or probable cause for a stop,12 search, seizure, or arrest.13 (b) A law enforcement officer shall not:14 (1) Stop a person or motor vehicle based solely on the scent of marijuana, cannabis, or15 hemp on its own, whether burnt or not; or16 H. B. 496 - 1 - 25 LC 48 1429 (2) Search, or request to search, a motor vehicle, driver, or passenger in a motor vehicle,17 based solely on the scent of marijuana, cannabis, or hemp on its own, whether burnt or18 not."19 SECTION 2.20 All laws and parts of laws in conflict with this Act are repealed.21 H. B. 496 - 2 -