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BYRON, Ga. — A high-speed chase in Houston County this week has renewed debate over whether police should use the smell of marijuana as grounds to search vehicles.
Deputies stopped a driver Sunday night for broken tail lights, according to the Houston Conty Sheriff’s Office. When a deputy detected the odor of marijuana, the driver fled.
After a pursuit ended with a PIT maneuver, deputies found marijuana and crack cocaine.
Under a bill pending at the Georgia Capitol, that search would be illegal.
House Bill 496, introduced by state Rep. Jasmine Clark, D-Atlanta, would prohibit law enforcement from using the smell of marijuana, cannabis or hemp as the sole basis for stopping, searching or arresting someone.
“It’s a common-sense bill, and I think it would save lives,” said Corey Lowe, executive director of Peachtree NORML and a former DeKalb County police officer.
Lowe said the smell test gives officers too much discretion and creates distrust between police and communities.
“I’ve even had a deputy say, ‘You smell like pounds and pounds and pounds,’” Lowe said. “Can you smell my weight? You can’t smell, and it’s subjective.”
But Byron Police Chief Wesley Cannon said removing that tool would be dangerous.
“Why would you want to limit us in our ability to use one of our God-given senses to sniff out crime?” Cannon said. “If you’ve ever been around marijuana, it’s got a distinct smell.”
Cannon described a recent incident when he smelled marijuana outside a grocery store at 7:30 a.m. He detained four men smoking a joint in the parking lot. A consent search revealed methamphetamines, and two had felony warrants from Atlanta.
“If I weren’t able to use my sense of smell, could I have done anything further?” Cannon said.
The debate has become more complicated since Georgia legalized hemp in 2019. Hemp and marijuana smell identical, but only marijuana remains illegal in Georgia.
Clark introduced similar legislation last year, but it was never scheduled for a committee hearing. Lowe said lawmakers need to listen to constituents on both sides before making a decision.
The bill comes as the federal government recently rescheduled marijuana from a Schedule 1 to a Schedule 3 controlled substance.
Georgia courts currently allow the smell of marijuana as probable cause for searches.
RELATED: Suspect in Houston County chase narrowly misses deputy’s cruiser after fleeing traffic stop: sheriff’s office