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

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).

• 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.

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.

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.

• 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.

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)

• Trey Kelley (R, HD-016)Primary sponsor
• Tyler Smith (R, HD-018)
• Eddie Lumsden (R, HD-012)
• Bill Fincher (R, HD-023)
• Esther Panitch (D, HD-051)
• Bo Hatchett (R, SD-050)

1. PassedHouse voteMarch 4, 2026

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

   Passage: House Vote #645

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