Cannabis in Georgia No Longer Subjected to the Sniff Test

A proposal moving through the Georgia House of Representatives regarding canabis in Georgia would prohibit law enforcement officers from stopping, searching, or arresting someone based solely on the smell of marijuana.

Supporters say the goal is to prevent subjective enforcement. Yolanda Bennett, a member of the Georgia Medical Cannabis Society and a medical marijuana patient, said the bill is about protecting individuals from unnecessary encounters with police.

“Our concern is to make sure we protect all people without being subjective to the smell,” Bennett said. She added that for patients already dealing with health issues, being searched can be especially burdensome. “We are already sick and we’re tired. Just the inconvenience of having a police officer go through our things — that’s the thing you have to put in a patient’s point of view.”

House Bill 496 would prevent officers from using the odor of marijuana alone as justification for a stop or search. While advocates are hopeful the measure will advance, a vote in the Judiciary Non-Civil Committee has been delayed.

Omari Anderson, founder and CEO of The Best Dirty Lemonade, said he believes Georgians should not be pulled over simply because of a smell. He also raised concerns about Fourth Amendment protections against unlawful searches and seizures.

“If we’re going to violate that, it has to be a higher standard,” Anderson said. “Smell is subjective.”

If passed, the bill might have changed the outcome for former DeKalb County police officer Corey Lowe, who said she was pulled over because officers claimed they smelled marijuana. Lowe said the scent came from her daughter’s hemp-based seizure medication and her own CBD cigarettes. She showed officers her low-THC card and a dispensary receipt but still spent $25,000 fighting the case.

“We are a patient and trying to do everything legally,” Lowe said.

Rep. Jasmine Clark, the bill’s sponsor, said the smell of marijuana alone does not prove illegal activity. She emphasized that legal hemp and marijuana have identical odors, making it impossible to distinguish between the two by scent.

“You cannot distinguish between the two,” Clark said. “We want to make sure that police officers are using something measurable, objective, and verifiable — not something that could get tied up in court.”

Opponents argue the measure could hinder law enforcement. Alcovy District Attorney Randy McGinley said the bill would prevent officers from using scent as a tool when investigating potential crimes.

“We are saying law enforcement is saying they smell it — we are just not going to trust what they are saying in any situation,” McGinley said. He added that evolving marijuana and hemp laws over the past six years have already made enforcement more complicated, and further changes may not help.

Rep. Bill Fincher agreed, saying the proposal could make it nearly impossible to prosecute marijuana-related cases.

McGinley also questioned whether lawmakers should define what constitutes reasonable suspicion or probable cause, arguing that courts traditionally make those determinations.

Rep. Esther Panitch pushed back, noting that officers often make those judgment calls in real time. “This isn’t a judge making this determination; this is an officer on the side of the road in the moment making that determination,” she said, adding, “That’s what we do — we make the law.”

Some lawmakers expressed safety concerns, arguing police need adequate tools to do their jobs. Rep. Clint Crowe called the bill “dangerous policy,” saying officers should have more tools rather than fewer.

Clark disagreed, saying the legislation aims to reduce ambiguity and create clearer standards.

The committee is expected to vote on the bill Monday.

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