The Wichita City Council on Tuesday will consider reducing the penalty for first-time marijuana offenses, attempting to not runn afoul of more stringent state laws.
The proposed ordinance would set th e fine for a first-time marijuana or paraphernalia conviction at $50, similar to an initiative approved by the city’s voters two years ago. Prosecution presumably would take place through a citation if there are no other circumstances to justify an arrest and immediate incarceration.
But, unlike the initiative, marijuana violations would still be treated as a criminal misdemeanor rather than a simple infraction, like a traffic violation. And suspects would be liable for lab fees of at least $400 if the marijuana is tested in the county forensics lab and for court costs of $71.50.
The provisions of the 2015 citizens’ initiative were never legally tested. The Kansas Supreme Court struck it down because of a technical error in the filing of the petition that put it on the ballot.
“Based on the 2015 (initiative) referendum vote, it is the Council’s intent to also enact an ordinance consistent with the spirit and intent of the ordinance approved by the Wichita voters, while remaining in compliance with the dictates of state law,” said a staff report from the city Law Department.
Violators under 21 would be ineligible for the more lenient treatment. Adults with more than 32 grams of pot, a felony conviction in the past 10 years or a misdemeanor conviction in the past five years, would also be ineligible, according to the ordinance.
Esau Freeman, a leader of the 2015 initiative and a current campaign trying to put another marijuana initiative on the ballot, said the city’s approach isn’t exactly what the proponents want, which would be a simple $50 ticket for each violation.
But, he said, “We’re very pleased they are trying to do something in the spirit of the original vote.”
Freeman said he and other proponents of relaxing marijuana prosecution will attend Tuesday’s meeting. He said he plans to ask the council about the possibility of waiving the court costs and/or reducing the lab fees.
He also said he plans to question why there need to be higher penalties for those who have committed felonies or misdemeanors in the past, which he said “sounds like it’s creating two levels of justice” for the same behavior.
Magana said state law mandates that the city charge violators the $400 testing fee if they challenge the charge in court and prosecutors have to have the evidence tested to make sure it’s marijuana. The money is not collected if the suspected marijuana user is acquitted, she said.
While the ordinance would create a “strong presumption” that the defendant can pay the fine and go free, having the maximum penalty of $1,000 and possibly jail time on the books is also required by state law, Magana said.
The City Council meets at 9 a.m. Tuesday at City Hall, 455 N. Main.
credit:kansas.com