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House · Engrossed · 2025-2026 Regular Session

HB 1303: Crimes and offenses; offense of possession of a controlled substance in the presence of a child; provide

Last action March 25, 2026 · Senate Read Second Time

House Bill 1303 would make it a separate crime in Georgia to possess certain illegal drugs while a child under 14 is present, adding a new charge on top of existing drug possession laws.

Read the full bill text

These buttons carry the bill's own text, not the summaries below. Copy for LLM, View as markdown, and Send to AI use the Markdown version: the text as filed, then the summaries under a heading that names them as ours. View raw is the text alone.

The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Comm Sub version, the latest the General Assembly's website lists.

In plain language

Georgia law already makes it illegal to possess drugs like Schedule I controlled substances, Schedule II narcotics, or marijuana. This bill adds a new, separate crime for doing so while a child younger than 14 is present. It amends Georgia's controlled substances law (O.C.G.A. § 16-13-30) by rewriting subsection (m) to create this new offense, called "endangering a child by possession of drugs." The bill specifies that this new charge cannot be merged with the underlying drug possession charge for prosecution or sentencing purposes, meaning someone could be convicted and sentenced for both. Anyone convicted under this new provision would be punished according to the penalty scheme already set out in Georgia's cruelty to children law (O.C.G.A. § 16-12-1(d)). The bill also relabels the existing definition of "solid substance" as subsection (n) without changing its wording, since the new child endangerment language now occupies subsection (m).

What the bill does

  • Creates a new, separate criminal offense called endangering a child by possession of drugs when someone knowingly possesses a Schedule I substance, Schedule II narcotic, or marijuana while a child under 14 is present.
  • Bars this new charge from being merged with the existing drug possession charge, allowing prosecution and sentencing on both offenses for the same conduct.
  • Sets the punishment for this new offense by tying it to the penalty provisions already established in Georgia's cruelty to children law (O.C.G.A. § 16-12-1(d)).
  • Renumbers the existing definition of 'solid substance' from subsection (m) to subsection (n) without altering its text.

Who it affects

People who use or possess illegal drugs in households or settings where children under 14 are present, parents and caregivers facing drug charges, prosecutors and defense attorneys handling drug cases involving children, and judges sentencing under Georgia's controlled substances law.

Why it matters

Someone caught with drugs around a young child could now face an additional charge and additional punishment beyond the existing possession charge, since the two offenses cannot be merged. This could increase potential jail time or fines for parents or caregivers in these situations.

Key provisions

  • Section 1 rewrites subsection (m) of O.C.G.A. § 16-13-30 to create the new offense of endangering a child by possession of drugs, applying when a violator possesses a Schedule I substance, Schedule II narcotic, or marijuana while a child under 14 is present.
  • Section 1 states the new offense cannot be merged with the underlying drug possession offense for purposes of prosecution and sentencing, allowing separate convictions and penalties.
  • Section 1 sets the punishment for a conviction under the new subsection by referencing the penalty scheme in subsection (d) of Georgia's cruelty to children statute (O.C.G.A. § 16-12-1).
  • Section 1 moves the existing 'solid substance' definition to new subsection (n) without changing its language.
  • Section 2 repeals any conflicting laws.

From the bill

“Any person who violates subsection (a) of this Code section by knowingly and unlawfully possessing or having under his or her control a controlled substance in Schedule I, a narcotic drug in Schedule II, or marijuana while in the presence of a child under the age of 14 years is guilty of the separate offense of endangering a child by possession of drugs.”

This defines the new crime the bill creates for possessing drugs around young children.

“A violation of this subsection shall not be merged with the offense of violating subsection (a) of this Code section for the purposes of prosecution and sentencing.”

This means someone can be charged and sentenced for both the new offense and regular drug possession.

Discussed in meetings (11)

The House and Senate meetings that took this bill up, from their machine transcripts. Each account was written by Georgia Commons with AI and is not part of the record; the video is what was said.

  1. House Judiciary Non-Civil Committee, February 23, 2026

    From 2:53:15 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: The sponsor said the substitute for HB 1303 would create a child-endangerment offense for knowingly possessing Schedule I drugs, Schedule II narcotics or marijuana in the presence of a child under 14. The sponsor said the first two convictions would be misdemeanors and a third or later conviction a felony, and that the substitute removed separate charges for each child present. Members questioned the age cutoff and possible consequences for lawful prescriptions and medical cannabis. The sponsor said the age was intended to follow alcohol-related child-endangerment law and welcomed clarification. A Prosecuting Attorneys' Council witness warned that lawful medicine use needed protection and that the provision could be misused in domestic disputes. A Frontline Policy Council witness supported additional accountability for exposing children to illegal drugs. Another witness raised concerns about targeting cannabis users through disputes with former partners. The committee adopted an amendment requiring possession to be both knowing and unlawful, which the sponsor said would address prescriptions and low-THC oil cards. The committee approved the amended substitute by voice vote and sent it to Rules.

  2. House Rules Committee, February 25, 2026

    From 1:28:55 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: The presenter said HB 1303 would create a child endangerment offense for having certain controlled substances around children under age 14. The presenter reported unanimous approval in the Judiciary Non-Civil Committee. No questions or scheduling decision followed.

  3. House floor session, March 4, 2026 (legislative day 27, PM, part 2)

    From 2:09:55 · Watch on the General Assembly's Vimeo channel · Confirmed by the 2026 House Journal, p. 1984

    Summary by Georgia Commons: The sponsor said HB 1303 would expand child endangerment law to cover an adult possessing a Schedule I drug, a narcotic Schedule II drug or marijuana in the presence of a child under 14. The sponsor said penalties would match existing child endangerment penalties and that a Floyd County police officer had brought the issue forward. There were no questions. The House adopted the committee substitute and passed the bill 147–12.

  4. House Rules Committee, March 4, 2026

    From 0:26:48 · Watch on the General Assembly's Vimeo channel · Confirmed by the 2026 House Journal, p. 1929

    Summary by Georgia Commons: The committee placed HB 1303 on the supplemental calendar after a motion and second, with no objection. Members did not discuss its substance.

  5. Senate Judiciary Committee, March 23, 2026

    From 2:09:02 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: The sponsor said HB 1303 would apply existing child-endangerment penalties to knowingly and unlawfully possessing specified controlled substances or marijuana in the presence of a child under 14. The sponsor said a patrol officer had raised the absence of a comparable provision for drug possession around children. A witness supported the general proposal but requested removal of marijuana, expressing concern about people using it for medical reasons outside the state's legal system. Asked about medical cannabis, the sponsor said the bill would not affect lawful use and argued that existing state provisions offer an appropriate route for medical treatment. The sponsor confirmed that legally possessed cannabis would not fall under the bill's marijuana provision. No amendment was offered. The committee approved the bill 4 to 1.

  6. Senate Rules Committee, March 30, 2026

    From 2:34:53 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: A member nominated HB 1303 for the final calendar slot and described it as addressing child endangerment involving controlled substances in the home. Members clarified that description but did not discuss the proposed offense in detail. It received support in the informal vote but was not selected for the final calendar.

Status timeline

  1. 2026-03-25Senate Read Second Time (Senate)
  2. 2026-03-25Senate Committee Favorably Reported (Senate)
  3. 2026-03-06Senate Read and Referred (Senate)
  4. 2026-03-04House Passed/Adopted By Substitute (House)
  5. 2026-03-04House Third Readers (House)
  6. 2026-02-24House Committee Favorably Reported By Substitute (House)
  7. 2026-02-18House Second Readers (House)
  8. 2026-02-17House First Readers (House)
Show full history (9 actions)
  1. 2026-02-12House Hopper (House)

Sponsors

  • Trey Kelley (R, HD-16)Primary sponsor
  • Tyler Paul Smith (R, HD-18)
  • Eddie Lumsden (R, HD-12)
  • Bill Fincher (R, HD-23)
  • Esther Panitch (D, HD-51)
  • Bo Hatchett (R, SD-50)

Votes

  1. PassedHouse voteMarch 4, 2026

    147 yea, 12 nay (1 not voting, 17 excused)

    PASSAGE: House Vote #645

Topics

  • child endangerment
  • drug possession laws
  • criminal penalties
  • controlled substances

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Machine-readable https://georgiacommons.org/bills/2025-2026/hb1303.md · https://georgiacommons.org/bills/index.md · MCP https://mcp.georgiacommons.org/mcp