---
title: HB 496. Criminal procedure; scent of marijuana, cannabis, or hemp; provide imitations on stops, searches, seizures, or arrests
collection: bills
id: 2025-2026/hb496
cite_as: HB 496, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb496
md_url: https://georgiacommons.org/bills/2025-2026/hb496.md
text_url: https://georgiacommons.org/bills/2025-2026/hb496/text
source_url: https://www.legis.ga.gov/legislation/70420
date: 2025-02-20
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/hb496.md?full=1
bill_number: HB 496
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2025-02-18
last_action: House Second Readers
sponsors:
- Jasmine Clark
- Tanya Miller
- Jordan Ridley
- Derrick Jackson
- Dar'shun Kendrick
- Akbar Ali
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB496/2025
upstream_id: 1974209
summaries_model: claude-sonnet-5
topic_tags:
- marijuana and hemp law
- police searches
- traffic stops
- criminal procedure
- civil liberties
---
# HB 496. Criminal procedure; scent of marijuana, cannabis, or hemp; provide imitations on stops, searches, seizures, or arrests
## Text
House Bill 496
By: Representatives Clark of the 108th, Miller of the 62nd, Ridley of the 22nd, Jackson of the
68th, and Kendrick of the 95th
A BILL TO BE ENTITLED
AN ACT
To amend Article 2 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated,
relating to arrest by law enforcement officers generally, so as to provide for limitations on
stops, searches, seizures, or arrests regarding the scent of marijuana, cannabis, or hemp on
its own; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 2 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to
arrest by law enforcement officers generally, is amended by adding a new Code section to
read as follows:
"17-4-31.
(a) 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.
(b) A law enforcement officer shall not:
(1) Stop a person or motor vehicle based solely on the scent of marijuana, cannabis, or
hemp on its own, whether burnt or not; or
(2) 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."
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.
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.
### Plain-language summary
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 it 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.
## Status
- Status: Introduced (2025-02-18)
- Last action: House Second Readers (2025-02-20)
- Sponsors: Jasmine Clark, Tanya Miller, Jordan Ridley, Derrick Jackson, Dar'shun Kendrick, Akbar Ali
- Official page: https://www.legis.ga.gov/legislation/70420
> The history, votes, and amendments (129 characters) are at https://georgiacommons.org/bills/2025-2026/hb496.md?full=1