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HB 496

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

2025-2026 Regular Session Introduced by Akbar Ali and 5 co-sponsors

House Bill 496 limits Georgia law enforcement from stopping or searching individuals based solely on the scent of marijuana, cannabis, or hemp, enhancing citizens' rights.

House Second Readers
#crimesandoffenses(criminalcode) #criminalprocedure #lawenforcementofficersandagencies
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Bill Summary · HB 496

Summary of House Bill 496

Bill Number: HB 496
Title: Criminal procedure; scent of marijuana, cannabis, or hemp; provide limitations on stops, searches, seizures, or arrests
Status: House Second Readers
Introduced: February 18, 2025

Purpose and Intent

House Bill 496 aims to amend the existing laws regarding the authority of law enforcement officers in Georgia concerning the scent of marijuana, cannabis, or hemp. The primary intent of the bill is to limit the ability of law enforcement to conduct stops, searches, seizures, or arrests based solely on the detection of these scents.

Key Provisions

The bill introduces a new code section (17-4-31) to the Official Code of Georgia Annotated, which includes the following provisions:

  • Limitations on Law Enforcement Actions:
    • No Reasonable Suspicion or Probable Cause: The scent of marijuana, cannabis, or hemp—whether burnt or not—cannot be used as the sole basis for reasonable suspicion or probable cause by law enforcement officers.
    • Prohibitions on Stops and Searches:
    • Officers are prohibited from stopping a person or a motor vehicle solely based on the scent of marijuana, cannabis, or hemp.
    • Officers cannot search or request to search a motor vehicle, driver, or passenger based solely on the scent of these substances.

Who Would Be Affected

  • Law Enforcement Officers: The bill directly impacts the procedures and authority of law enforcement officers in Georgia, restricting their ability to act based solely on the scent of marijuana, cannabis, or hemp.
  • Individuals in Georgia: Citizens who may be stopped or searched by law enforcement will benefit from the protections this bill provides, reducing the likelihood of unwarranted stops or searches based on scent alone.

Procedural Aspects

  • Legislative Timeline:
    • The bill was introduced on February 18, 2025, and has since moved to the House Second Readers stage as of February 20, 2025.
    • The bill will continue through the legislative process, where it may be debated, amended, or voted upon.

Conclusion

House Bill 496 seeks to enhance the rights of individuals in Georgia by limiting law enforcement's ability to act on the scent of marijuana, cannabis, or hemp alone. This legislative change reflects a growing trend towards more regulated and fair policing practices regarding cannabis-related substances.

Compiled from official sources — confirm details with the bill’s official record.

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