ATLANTA — A newly proposed bill in the Georgia General Assembly seeks to fundamentally alter how law enforcement officers conduct stops and searches, specifically targeting the controversial marijuana “smell test.”
Introduced for the 2025–2026 legislative session by state Rep. Jasmine Clark and a coalition of co-sponsors, Georgia House Bill 496 (HB 496) would prohibit police from using the scent of cannabis as the sole justification to stop or search citizens.
If passed, the legislation would amend Georgia’s criminal procedure code to explicitly state that the odor of marijuana, cannabis or hemp — whether burnt or unburnt — cannot independently establish reasonable suspicion or probable cause. Under the bill’s provisions, officers would be barred from stopping pedestrians, pulling over motorists or initiating searches of vehicles, drivers or passengers based exclusively on the smell.
During a Feb. 25 meeting of the House Judiciary Non-Civil Committee, Clark defended the proposal, arguing that odor alone is not reliable evidence of criminal conduct.
“The smell alone is not an indication that there is any illegal activity happening,” Clark told committee members.
Clark said the bill does not limit legitimate police practices but instead clarifies that officers must rely on objective factors. She pointed to the state’s 2019 legalization of hemp, noting that hemp, which is legal, and marijuana, which remains illegal in Georgia, are virtually indistinguishable by smell.
“You cannot distinguish between the two,” Clark said. “We want to make sure that police officers are using something that is measurable, objective, verifiable, and not something that could get tied up in court.”
Advocacy groups, including the National Organization for the Reform of Marijuana Laws, argue the “smell test” relies on subjective, unverifiable observations. Supporters contend that allowing searches based solely on an officer’s sense of smell grants excessive discretion that can lead to biased policing practices and erode trust between law enforcement and communities.
But the proposal is drawing pushback from some Republican lawmakers and law enforcement officials.
Sen. Brian Strickland, chairman of the Senate Judiciary Committee and a candidate for Georgia attorney general told Now Georgia limiting officers’ ability to rely on their senses would undermine public safety.
“Taking away our law enforcement officers’ ability to use their God-given senses to identify individuals that may be using illegal substances or may be unsafe to drive as a result of consuming anything that impacts someone’s ability to drive, is not a good idea,” Strickland said. “While it may be more difficult these days for everyone to navigate our laws concerning hemp, law enforcement needs all the tools available to protect Georgia families from those that get behind the wheel under the influence of any substance that impacts their ability to drive safely.”
Opponents of the measure argue that traffic stops initially prompted by the smell of marijuana often lead to the discovery of more serious crimes, including illegal weapons and trafficking of drugs such as cocaine and fentanyl.
Habersham County Sheriff Robin Krockum said his office would comply with any changes to state law.
“We will follow any new law passed or any updated case law as a result,” Krockum said.
HB 496 remains under consideration in the House Judiciary Non-Civil Committee as lawmakers continue debate during the 2025–2026 regular session.
