Georgia bill seeks tougher penalties for controlled substance possession near children

State Rep. Trey Kelley has sponsored a new bill in the Georgia House that would enhance child safety by introducing stricter penalties for possessing controlled substances around children, the Georgia State House reports.

Filed as HB1303 on Thursday, Feb. 12 in the 2026 regular session of the 158th General Assembly, the measure is formally titled: ’Crimes and offenses; offense of possession of a controlled substance in the presence of a child; provide’.

Below is an overview based on the complete bill text; it includes clarifications to help explain key points.

Under the proposal, possessing a controlled substance while a child under 14 is present—whether in a vehicle, building or area under a person’s control—would become an offense classified under Georgia’s cruelty to children laws. Using current definitions from state code, the law would classify a first violation as a high and aggravated misdemeanor if committed knowingly. Any subsequent offense, or any offense linked to a Schedule I or II drug, would be upgraded to a felony, punishable by 1 to 3 years in prison, a fine up to $5,000 or both. Each child present would be considered a separate violation, and convictions could not be merged with others arising from the same conduct.

The bill is backed by co-sponsors Rep. Eddie Lumsden (Republican-12th), Sen. Bo Hatchett (Republican-50th), Rep. Tyler Paul Smith (Republican-18th), and two additional lawmakers.

During this session alone, Kelley has proposed 17 bills in total—seven have been enacted.

He earned a BS from Shorter University in 2008 and a JD from Georgia State University College of Law in 2014.

Kelley, a Republican, won election to Georgia’s 16th House District in 2013, succeeding former representative Rick Crawford.

In Georgia, the legislative process initiates when a legislator works with the Office of Legislative Counsel to draft legislation, typically at the request of a constituent. After the bill is filed with the Clerk of the House or the Secretary of the Senate, it undergoes its first reading and is sent to committee, where fact-finding and most debate take place. If advanced, the bill reaches the floor for a third reading, discussion, and vote. To become law, a bill must clear both chambers—potentially requiring a conference committee to reconcile versions—and receive approval from the governor, who has six days during session or 40 days after adjournment (Sine Die) to sign, veto, or allow it to become law without a signature. The Georgia General Assembly meets yearly for a 40-day session starting the second Monday in January.

Information for this article was sourced from the Georgia State House. See source material here.