Georgia CommonsHouse · Introduced · 2025-2026 Regular Session
HB 496: Criminal procedure; scent of marijuana, cannabis, or hemp; provide limitations on stops, searches, seizures, or arrests
Last action February 20, 2025 · House Second Readers
A Georgia House bill would bar police from stopping, searching, or arresting someone based only on the smell of marijuana, cannabis, or hemp, whether burnt or not.
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 Introduced version, the latest the General Assembly's website lists.
In plain language
Under current Georgia practice, the smell of marijuana can give police a legal basis to stop a car or person and search for drugs. This bill would add a new section to Georgia's arrest law (O.C.G.A. § 17-4-31) saying the scent of marijuana, cannabis, or hemp on its own, burnt or unburnt, cannot by itself create reasonable suspicion or probable cause for a stop, search, seizure, or arrest. The bill specifically bars officers from stopping a person or vehicle based solely on that scent, and from searching or asking to search a vehicle, driver, or passenger based solely on that scent. Since hemp and legal cannabis products can smell like illegal marijuana, the bill responds to the fact that scent alone no longer reliably signals a crime. The bill repeals any conflicting laws but does not state a specific effective date beyond the general session rules.
What the bill does
- Creates a new Georgia Code section (O.C.G.A. § 17-4-31) limiting when the smell of marijuana, cannabis, or hemp can justify police action.
- Prohibits treating the scent of marijuana, cannabis, or hemp alone, burnt or not, as reasonable suspicion or probable cause for a stop, search, seizure, or arrest.
- Bars officers from stopping a person or vehicle based solely on that scent.
- Bars officers from searching, or asking to search, a vehicle, driver, or passenger based solely on that scent.
- Repeals any existing Georgia laws that conflict with these new limits.
Who it affects
Georgia drivers and passengers, law enforcement officers who conduct traffic stops and searches, and anyone who might be suspected of marijuana or cannabis possession based on smell, including people legally carrying hemp products that smell similar to marijuana.
Why it matters
Because legal hemp can smell identical to illegal marijuana, officers currently may stop or search people based on scent alone even when no crime has occurred. This bill would remove that basis, changing how traffic stops and vehicle searches can be justified across Georgia.
Key provisions
- New Code section 17-4-31(a) states scent of marijuana, cannabis, or hemp on its own, burnt or not, cannot support reasonable suspicion or probable cause for a stop, search, seizure, or arrest.
- Subsection (b)(1) prohibits officers from stopping a person or motor vehicle based solely on that scent.
- Subsection (b)(2) prohibits officers from searching, or requesting to search, a vehicle, driver, or passenger based solely on that scent.
- Section 2 repeals all conflicting laws, a standard clause clearing away inconsistent existing statutes.
From the bill
“The scent of marijuana, cannabis, or hemp on its own, whether burnt or not, shall not provide a law enforcement officer with reasonable suspicion or probable cause for a stop, search, seizure, or arrest.”
“Search, or request to search, a motor vehicle, driver, or passenger in a motor vehicle, based solely on the scent of marijuana, cannabis, or hemp on its own, whether burnt or not.”
Discussed in meetings (3)
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.
House Judiciary Non-Civil Committee, February 25, 2026
From 3:12:08 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said cannabis odor alone should not justify a stop, search, seizure or arrest because legal hemp and medical cannabis can smell like illegal marijuana. The sponsor said other evidence could still support police action and repeatedly offered to remove the bill's restriction on using odor alone for reasonable suspicion, retaining its probable-cause restriction. No amendment was adopted. A former police officer described a cannabis-related encounter involving a child's legally obtained seizure medicine and said fighting the resulting case cost $25,000. The Alcovy Circuit district attorney argued that judges should decide reasonable suspicion and probable cause from individual circumstances. The district attorney said removing reasonable suspicion would improve the bill but would not resolve all concerns. Two committee members warned that restricting odor-based investigations could hinder detection of impaired driving and other offenses. Other members distinguished odor-only stops from investigations supported by additional evidence. An independent witness supported objective standards. Witnesses for the Georgia Medical Cannabis Society, Georgia Hemp Economic Revival Organization and ACLU of Georgia supported the proposal, citing lawful products, patient concerns and court decisions elsewhere. A cannabis advocate described customer fears and workplace exposure to hemp odor. A Veterans for America First witness opposed the bill, warning of enforcement limits, confusion and litigation. The chair announced that the committee had lost its quorum and would probably revisit the bill Monday.
House Judiciary Non-Civil Committee, March 5, 2026 (AM)
From 1:55:28 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said HB 496 would prevent cannabis odor alone from providing grounds for a search because legal hemp and illegal marijuana cannot be distinguished by smell. The sponsor clarified that the substitute removed restrictions concerning reasonable suspicion and focused on probable cause. One member asked how officers could find additional evidence without searching. The sponsor answered that officers could ask questions and consider visible evidence or other circumstances, but smell alone would not suffice. A second member objected that the text also prohibited requesting consent to search based solely on odor. The sponsor offered to remove that wording, and the first member supported that change, but no amendment was formally adopted. A witness argued that detaining someone because of an odor shared by legal products violated constitutional protections against unreasonable searches. The committee recessed without voting on the bill.
House Judiciary Non-Civil Committee, March 6, 2026
From 1:04:49 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said HB 496 would prevent cannabis odor alone from establishing probable cause, while allowing officers to consider odor alongside other circumstances. Addressing a concern from an earlier hearing, the sponsor offered to remove language covering requests to search. A committee member formally proposed that change, and the committee adopted it on a voice vote. The committee then rejected the amended bill, with the chair announcing that the opposing votes prevailed. No numerical tally was announced.
Status timeline
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Jasmine Clark (D, HD-108)
- Tanya F. Miller (D, HD-62)
- Jordan Ridley (R, HD-22)
- Derrick Jackson (D, HD-68)
- Dar'shun Kendrick (D, HD-95)
- Akbar Ali (D, HD-106)
Topics
- marijuana and hemp law
- police searches
- traffic stops
- criminal procedure
- civil liberties