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GA HB496

GA HB496
Criminal procedure; scent of marijuana, cannabis, or hemp; provide imitations on stops, searches, seizures, or arrests


summary

Introduced
02/18/2025
In Committee
Crossed Over
Passed
Dead

Introduced Session

2025-2026 Regular Session

Bill Summary

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.

AI Summary

This bill amends Georgia law by establishing new restrictions on law enforcement's ability to conduct stops, searches, seizures, or arrests based solely on the scent of marijuana, cannabis, or hemp. Specifically, the bill prohibits law enforcement officers from using the smell of marijuana, cannabis, or hemp (whether burnt or unburnt) as the sole basis for stopping a person or vehicle, or for searching a vehicle, driver, or passenger. This means that the odor of these substances alone is no longer considered sufficient grounds for reasonable suspicion or probable cause, which previously could have been used to justify police actions. The legislation aims to reduce potential instances of discriminatory or pretext-based stops and searches by limiting law enforcement's discretion when the only justification is the scent of marijuana, cannabis, or hemp. By removing this olfactory basis for police intervention, the bill seeks to provide additional protections for individuals against unwarranted law enforcement actions.

Committee Categories

Justice

Sponsors (5)

Last Action

House Second Readers (on 02/20/2025)

bill text


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