Committee debates bill to bar using smell of cannabis/hemp as sole probable cause for searches

Representative Clark presented a substitute to House Bill 496 (LC481800S) to prohibit using the odor of marijuana, cannabis or hemp as the sole basis for probable cause to search a person or vehicle.

The author said the change responds to post‑2019 hemp laws and to the reality that lawful hemp and illegal cannabis products can smell the same, making odor a subjective and unreliable basis for searches. "It just says it cannot be the sole only evidence for probable cause," the sponsor told the committee, adding the bill does not remove the ability for officers to consider the totality of circumstances.

Committee members raised practical concerns. Representative Neil asked whether officers could still ask for consent to search if they smelled a burnt odor in a stopped vehicle; sponsors clarified that under the draft smell alone would not support probable cause or a request to search, though officers could ask questions and rely on other objective indicators. Several members recommended striking the phrase "request to search" to preserve routine policing options; the sponsor agreed to consider a wording change to narrow the prohibition to searches based on odor alone.

The discussion ended with the committee pausing the bill for further refinement and with members noting the constitutional concerns about detaining or searching individuals for otherwise lawful behavior.