HB1303: HB1303 Crimes and offenses; offense of possession of a controlled substance in the presence of a child; provide

Current Georgia law (O.C.G.A. § 16-13-30) already makes it illegal to possess Schedule I drugs, Schedule II narcotics, or marijuana. This bill adds a new, separate offense: knowingly possessing or controlling those same drugs while a child under 14 is present. That new crime, called endangering a child by possession of drugs, would be charged on top of the underlying drug possession charge rather than absorbed into it, meaning a person could be convicted and sentenced for both at once. Anyone convicted under this new provision would be sentenced using the penalties already set out in Georgia's child endangerment statute (O.C.G.A. § 16-12-1(d)). The bill also adds a definition of the term 'solid substance,' covering things like tablets, pills, capsules, caplets, powder, and crystal. Once passed, the bill would repeal any conflicting Georgia laws.

• Creates a new criminal offense, endangering a child by possession of drugs, for knowingly possessing Schedule I drugs, Schedule II narcotics, or marijuana while a child under 14 is present.
• Specifies that this new offense will not merge with the underlying drug possession charge, allowing separate prosecution and sentencing for both.
• Ties sentencing for the new offense to the penalty structure already set out in Georgia's child endangerment law (O.C.G.A. § 16-12-1(d)).
• Adds a legal definition of 'solid substance' to O.C.G.A. § 16-13-30, covering tablets, pills, capsules, caplets, powder, and crystal.
• Repeals any existing Georgia laws that conflict with these changes.

The bill affects anyone found in possession of Schedule I drugs, Schedule II narcotics, or marijuana while a child under 14 is nearby, as well as prosecutors, defense attorneys, and courts handling drug possession cases involving children in the household or vicinity.

People caught with these drugs around a child under 14 could face an additional criminal charge and sentence on top of the existing drug possession charge, since the two would not merge for prosecution or sentencing purposes, potentially increasing total penalties in such cases.

• Section 1 revises subsection (m) of O.C.G.A. § 16-13-30 to create the offense of endangering a child by possession of drugs for violations involving Schedule I drugs, Schedule II narcotics, or marijuana in the presence of a child under 14.
• Section 1 states the new offense will not merge with the underlying possession offense for prosecution and sentencing, allowing both to be charged.
• Section 1 sets sentencing for the new offense according to subsection (d) of O.C.G.A. § 16-12-1, Georgia's child endangerment statute.
• Section 1 adds a new subsection (n) defining 'solid substance' to include tablets, pills, capsules, caplets, powder, and crystal.
• Section 2 repeals any Georgia laws that conflict with the Act.

1. 2026-03-25Senate Read Second Time (Senate)
2. 2026-03-25Senate Committee Favorably Reported (Senate)
3. 2026-03-06Senate Read and Referred (Senate)
4. 2026-03-04House Passed/Adopted By Substitute (House)
5. 2026-03-04House Third Readers (House)
6. 2026-02-24House Committee Favorably Reported By Substitute (House)
7. 2026-02-18House Second Readers (House)
8. 2026-02-17House First Readers (House)

• Trey Kelley (R, HD-016)Primary sponsor
• Tyler Smith (R, HD-018)
• Eddie Lumsden (R, HD-012)
• Bill Fincher (R, HD-023)
• Esther Panitch (D, HD-051)
• Bo Hatchett (R, SD-050)

1. PassedHouse voteMarch 4, 2026

   147 yea, 12 nay (1 not voting, 17 absent)

   Passage: House Vote #645

• drug possession laws
• child endangerment
• criminal penalties
• controlled substances