Under those circumstances, this Court determined that the smell of burnt marijuana gave rise to probable cause to search Gowen's vehicle.(Citation and punctuation omitted) Gowen v. State, 360 Ga. App. 234, 236, 860 S.E 2d 828 (2021) See also OCGA § 16-13-21 (16) (providing that it is legal to possess hemp and hemp products as defined in OCGA § 2-23-3) and OCGA § 2-23-3 (3) & (6) (defining "hemp products" as products available for commercial sale that are made from hemp and contain no more than 0.3% THC).
[5] Even if this were not the case, we have recently explained that the Georgia Hemp Farming Act, OCGA § 2-23-1, "does not authorize making hemp available to individual consumers in a form that resembles raw marijuana." Gowen v. State, 360 Ga. App. 234, 238 (1), 860 S.E.2d 828 (2021). Likewise, it is well established that the State is not required to prove the THC level of marijuana.
Georgia state courts have similarly held that the smell of marijuana suffices to establish probable cause, also after the legalization of hemp. See Gowen v. State, 860 S.E.2d 828, 831 (Ga.Ct.App. 2021) (“[W]e agree with the trial court that the smell of burnt marijuana in Gowen's van provided police with probable cause to search that vehicle.”).
; Gowen v. State, 860 S.E.2d 828, 831 (Ga.Ct.App. 2021) (considering the provisions of the Act and finding that the “smell of burnt marijuana in [defendant's] van provided police with probable cause to search that vehicle.