---
title: HB 1303. Crimes and offenses; offense of possession of a controlled substance in the presence of a child; provide
collection: bills
id: 2025-2026/hb1303
cite_as: HB 1303, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb1303
md_url: https://georgiacommons.org/bills/2025-2026/hb1303.md
text_url: https://georgiacommons.org/bills/2025-2026/hb1303/text
source_url: https://www.legis.ga.gov/legislation/73190
date: 2026-03-25
status: engrossed
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 599
omitted_url: https://georgiacommons.org/bills/2025-2026/hb1303.md?full=1
bill_number: HB 1303
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-03-04
last_action: Senate Read Second Time
sponsors:
- Trey Kelley
- Tyler Smith
- Eddie Lumsden
- Bill Fincher
- Esther Panitch
- Bo Hatchett
text_version: Comm Sub
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB1303/2025
upstream_id: 2116217
summaries_model: claude-sonnet-5
topic_tags:
- child endangerment
- drug possession laws
- criminal penalties
- controlled substances
---
# HB 1303. Crimes and offenses; offense of possession of a controlled substance in the presence of a child; provide
## Text
House Bill 1303 (COMMITTEE SUBSTITUTE)
By: Representatives Kelley of the 16th, Smith of the 18th, Lumsden of the 12th, Fincher of the
23rd, and Panitch of the 51st
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 16-13-30 of the Official Code of Georgia Annotated, relating to
purchase, possession, manufacture, distribution, or sale of controlled substances or marijuana
and penalties, so as to provide for the offense of endangering a child by possession of drugs;
to provide for penalties; to provide for related matters; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 16-13-30 of the Official Code of Georgia Annotated, relating to purchase,
possession, manufacture, distribution, or sale of controlled substances or marijuana and
penalties, is amended by revising subsection (m) and by adding a new subsection to read as
follows:
"(m) 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.
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. A defendant who
is convicted of a violation of this subsection shall be punished in accordance with the
provisions of subsection (d) of Code Section 16-12-1.
(n) As used in this Code section, the term 'solid substance' means a substance that is not
in a liquid or gas form. Such term shall include tablets, pills, capsules, caplets, powder,
crystal, or any variant of such items."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
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.
### Plain-language summary
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 it 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.
## Status
- Status: Engrossed (2026-03-04)
- Last action: Senate Read Second Time (2026-03-25)
- Sponsors: Trey Kelley, Tyler Smith, Eddie Lumsden, Bill Fincher, Esther Panitch, Bo Hatchett
- Official page: https://www.legis.ga.gov/legislation/73190
> The history, votes, and amendments (599 characters) are at https://georgiacommons.org/bills/2025-2026/hb1303.md?full=1