HB 41: Georgia Local Governance and Fair Enforcement Act; enact

Currently, Georgia state law (O.C.G.A. § 16-13-2) makes possession of one ounce or less of marijuana a misdemeanor punishable by up to 12 months in jail, a fine up to $1,000, or public works, regardless of any local rules. This bill changes that by carving out an exception: the state penalty would apply except where a county has adopted its own ordinance under a new provision added to O.C.G.A. § 36-1-20. That new provision lets county governing authorities pass ordinances governing possession of one ounce or less of marijuana in unincorporated areas of the county. Any such ordinance must set a maximum punishment, which cannot exceed a $1,000 fine, and any fines or forfeited bonds collected go into the county's own treasury rather than the state. The bill is titled the Georgia Local Governance and Fair Enforcement Act and repeals any conflicting laws.

• Adds an exception to the state misdemeanor marijuana possession law (O.C.G.A. § 16-13-2) so it no longer automatically overrides local ordinances passed under the new county authority.
• Creates a new provision in O.C.G.A. § 36-1-20 letting county governments write their own ordinances regulating and punishing possession of one ounce or less of marijuana in unincorporated areas.
• Caps any local ordinance penalty at a fine of up to $1,000, with no jail time authorized under this county ordinance power.
• Directs that fines and forfeited bonds from these local marijuana cases stay with the county treasury instead of going elsewhere.
• Repeals any existing state or local laws that conflict with the new arrangement.

County governments and their boards of commissioners, who gain new ordinance-making power; residents of unincorporated county areas who could be charged under local rules instead of, or alongside, state law; and local courts and law enforcement who would enforce whichever rule applies.

Counties could set their own marijuana possession penalties, potentially lighter than the state's misdemeanor law which allows up to 12 months in jail, giving local governments more control over how small amounts of marijuana are handled and where resulting fine money goes.

• Section 1 names the bill the 'Georgia Local Governance and Fair Enforcement Act.'
• Section 2 amends O.C.G.A. § 16-13-2 to make the state misdemeanor penalty apply 'except as provided in Code Sections 36-1-20 and 36-32-6,' removing the prior blanket rule that the state penalty applied notwithstanding any other law.
• Section 3 adds subsection (e) to O.C.G.A. § 36-1-20, authorizing counties to adopt ordinances on possession of one ounce or less of marijuana in unincorporated areas, capping fines at $1,000, and directing collected fines and forfeitures to the county treasury.
• Section 4 repeals any conflicting laws.
• The bill's preamble references authorizing both counties and municipal corporations, but the operative sections only add ordinance authority for counties under O.C.G.A. § 36-1-20, not for municipalities.

1. 2025-01-16House Second Readers (House)
2. 2025-01-15House First Readers (House)
3. 2025-01-14House Hopper (House)

• Viola Davis (D, HD-087)Primary sponsor
• Sandra Scott (D, HD-076)
• Kim Schofield (D, HD-063)

• marijuana possession
• county government powers
• local ordinances
• criminal penalties
• drug law