Georgia bill would prevent police from arresting due to marijuana smell – Online Athens

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17 May, 2026

Police TV shows are full of examples of officers stopping cars and investigating further because they say they smell marijuana. That may not be allowed in Georgia in the future.
Under House Bill 496, the scent of marijuana, cannabis, or hemp (whether burnt or not) would not be sufficient cause for search, seizure, or arrest by law enforcement. The bill was stalled, but a vote is reportedly expected on Monday.
The bill’s chief sponsor is Georgia Rep. Jasmine Clarke and it’s co-sponsored by Reps. Tanya Miller, Jordan Ridley, Derrick Jackson, Dar’shun Kendrick, and Akbar Ali.
The bill has been assigned to the Georgia House Committee on Judiciary Non-Civil. Its chair is Rep. Tyler Paul Smith, vice chair is Rep. Deborah Silcox, and there are 15 other representatives on the committee.
All of the committee members and their contact information can be found at legis.ga.gov/committees/house/146?session=1033.
Weed is still illegal in Georgia, but it’s largely been decriminalized around metro Atlanta. In these counties/cities, the punishment is largely a small fine with no time spent behind bars.
Also, consumable hemp in the form of gummies, vapes, and beverages not containing alcohol remain legal. Georgia law allows possession up to 20 fluid ounces of low THC oil (which is derived from the marijuana plant) for those who are qualified to have it, according to the Georgia Department of Public Health.
The penalty for being caught with less than one ounce of marijuana is a misdemeanor with up to $1,000 in fines and/or a prison term of up to one year, according to Lawson & Berry in Atlanta. However, the penalty for being caught with greater than one ounce of marijuana will be classified as a felony, and the consequences will include fines and possibly 1-10 years in prison.
Miguel Legoas is a Deep South Connect Team Reporter for USA Today. Find him on Instagram @miguelegoas and email atmlegoas@gannett.com.

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