HB 496: Criminal procedure; scent of marijuana, cannabis, or hemp; provide imitations on stops, searches, seizures, or arrests

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.

• 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.

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.

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.

• 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.

1. 2025-02-20House Second Readers (Cámara de Representantes)
2. 2025-02-19House First Readers (Cámara de Representantes)
3. 2025-02-18House Hopper (Cámara de Representantes)

• Jasmine Clark (D, HD-108)Patrocinador principal
• Tanya Miller (D, HD-062)
• Jordan Ridley (R, HD-022)
• Derrick Jackson (D, HD-068)
• Dar'shun Kendrick (D, HD-095)
• Akbar Ali (D, HD-106)

• marijuana and hemp law
• police searches
• traffic stops
• criminal procedure
• civil liberties