---
title: HB 41. Georgia Local Governance and Fair Enforcement Act; enact
collection: bills
id: 2025-2026/hb41
cite_as: HB 41, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb41
md_url: https://georgiacommons.org/bills/2025-2026/hb41.md
text_url: https://georgiacommons.org/bills/2025-2026/hb41/text
source_url: https://www.legis.ga.gov/legislation/69338
date: 2025-01-16
status: introduced
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: 129
omitted_url: https://georgiacommons.org/bills/2025-2026/hb41.md?full=1
bill_number: HB 41
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2025-01-14
last_action: House Second Readers
sponsors:
- Viola Davis
- Sandra Scott
- Kim Schofield
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB41/2025
upstream_id: 1919105
summaries_model: claude-sonnet-5
topic_tags:
- marijuana possession
- county government powers
- local ordinances
- criminal penalties
- drug law
---
# HB 41. Georgia Local Governance and Fair Enforcement Act; enact
## Text
House Bill 41
By: Representatives Davis of the 87th, Scott of the 76th, and Schofield of the 63rd
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 16-13-2 of the Official Code of Georgia Annotated, relating to
conditional discharge for possession of controlled substances as first offense and certain
nonviolent property crimes, dismissal of charges, and restitution to victims, so as to authorize
counties and municipal corporations to adopt ordinances governing and punishing the
possession of one ounce or less of marijuana; to amend Code Section 36-1-20 of the Official
Code of Georgia Annotated, relating to ordinances for governing and policing of
unincorporated areas of county, so as to authorize counties to adopt ordinances governing
and punishing the possession of one ounce or less of marijuana; to provide for related
matters; to provide for a short title; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "Georgia Local Governance and Fair
Enforcement Act."
SECTION 2.
Code Section 16-13-2 of the Official Code of Georgia Annotated, relating to conditional
discharge for possession of controlled substances as first offense and certain nonviolent
property crimes, dismissal of charges, and restitution to victims, is amended by revising
subsection (b) as follows:
"(b) Except as provided in Code Sections 36-1-20 and 36-32-6, Notwithstanding any law
to the contrary, any person who is charged with possession of marijuana, which possession
is of one ounce or less, shall be guilty of a misdemeanor and punished by imprisonment for
a period not to exceed 12 months or a fine not to exceed $1,000.00, or both, or public
works not to exceed 12 months."
SECTION 3.
Code Section 36-1-20 of the Official Code of Georgia Annotated, relating to ordinances for
governing and policing of unincorporated areas of county, is amended by adding a new
subsection to read as follows:
"(e) The governing authority of each county is authorized to adopt ordinances governing
the possession of one ounce or less of marijuana within the unincorporated areas of the
county. Violation of such ordinances may be punished by fines, and each such ordinance
shall specify the maximum punishment which may be imposed for a violation of the
ordinance. In no case shall the maximum punishment for the violation of any such
ordinance exceed a fine of $1,000.00. Any fines and bond forfeitures arising from the
prosecution of such cases shall be retained by the county and shall be paid into the treasury
of such county."
SECTION 4.
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 41 would let Georgia counties adopt local ordinances that regulate and fine possession of one ounce or less of marijuana, while keeping the existing state misdemeanor law as a backup.
### Plain-language summary
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.
### What it does
- 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.
### Who it affects
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.
### Why it matters
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.
### Key provisions
- 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.
## Status
- Status: Introduced (2025-01-14)
- Last action: House Second Readers (2025-01-16)
- Sponsors: Viola Davis, Sandra Scott, Kim Schofield
- Official page: https://www.legis.ga.gov/legislation/69338
> The history, votes, and amendments (129 characters) are at https://georgiacommons.org/bills/2025-2026/hb41.md?full=1