Jacob Redmond
Well-Known Member
Wichitans will vote April 7 on whether to lessen penalties for first time possession of marijuana.
The proposal would make a first-offense a criminal infraction with a $50 fine for those over 21. Supporters say that it would help people who make a one-time mistake not have to pay for the offense for a lifetime, especially when it comes to getting or keeping a job.
The Eagle has gathered questions about the proposal from readers. Answers are based on previous reporting, interviews and public records.
Q. What will the ballot say on April 7?
A. Shall the following be adopted?
An ordinance reducing the penalty for first offense conviction for possession of thirty-two (32) grams or less of cannabis sativa l, otherwise known as marijuana, and/or drug paraphernalia related thereto, by persons twenty-one (21) years of age or older, to an infraction with a fine not to exceed fifty dollars ($50.00).
Q. Would this legalize marijuana?
A. No. Marijuana is still illegal under federal law.
Q. What are the current penalties? How do those compare to other crimes?
A. State law says possession of marijuana and drug paraphernalia are criminal offenses with up to a $2,500 fine and one year in jail, which is a class A misdemeanor, according to state statute. Another offense with the same classification is assault of a police officer.
Q. Will the state challenge the issue if it passes locally?
A. It's possible, and several city officials think the state will challenge it. Attorney General Derek Schmidt's office is reviewing the issue.
Q. Will Wichita be the first city in Kansas to relax marijuana laws?
A. In 2006, Lawrence adopted a changed marijuana ordinance. Elizabeth Hafoka, supervising city prosecutor for Lawrence, said the ordinance essentially mirrors the state statute but adds a minimum $200 fine. Unlike the proposed Wichita ordinance, the Lawrence law leaves possession as a misdemeanor instead of changing it to an infraction.
When someone in Lawrence gets a citation, Hafoka said, they come to court and have three options: trial, plea or diversion. She said the city typically recommends no jail time to the court if the person enters a plea of guilty or no contest, but it will recommend 12 months of non-reporting probation, along with a recommended $300 fine and court costs of $60. Offenders also have to obtain a substance abuse evaluation specific to marijuana and complete treatment recommendations, which can range from nothing to a class to outpatient treatment to in-patient treatment.
If the terms are not followed, the person may face a 180-day jail sentence, Hafoka said.
Q. How did this issue get on the ballot?
A. The Wichita City Council voted 6-1 in January to put the measure on the ballot after backers presented a petition with thousands of signatures supporting it. Council members could have adopted the change outright, done nothing or put it on the ballot. Council member Pete Meitzner voted no.
It wasn't the first time supporters tried to get a marijuana issue on the city ballot. Last August, petitioners fell 36 signatures short of the required 2,928 needed to put a measure decriminalizing pot on the November ballot. After that, the City Council directed city legal staff to help the petitioners redraft the ballot language, resulting in the petition to lessen the penalty for first-time offenders.
Q. What are examples of things that weigh roughly the same as an ounce of marijuana?
A. Five quarters, a slice of bread, 28 large paperclips, a CD, a AA battery or three egg yolks.
Q. What's the difference between recreational and medicinal marijuana?
A. Recreational marijuana is used by people seeking to "get high" to relax or have fun. Medicinal marijuana is prescribed use of marijuana in an attempt to reduce pain or other symptoms in a person. The proposed ordinance could apply to either type of marijuana use if passed.
Q. Who is the group pushing for the passage of the marijuana issue?
A. The group is called Marijuana Reform Initiative (MRI)-ICT. You can learn more about it at MRI-ICT | marijuana reform initiative-Wichita, KS. There is no organized opposition group.
Q. What do the two candidates for mayor, who will also be on the April 7 ballot, think about the proposal?
A. City council member Jeff Longwell says he is comfortable with voters deciding and was one of the council members who approved putting it on the ballot after petitioners presented the required number of signatures. Retired advertising executive Sam Williams says he opposes the measure.
News Moderator: Jacob Redmond 420 MAGAZINE ®
Full Article: Your questions answered: Wichita?s proposed marijuana ballot question | The Wichita Eagle The Wichita Eagle
Author: Kelsey Ryan
Contact: kryan@wichitaeagle.com
Photo Credit: Azel Praer
Website: Breaking News, Sports, Weather & More | The Wichita Eagle & Kansas.com The Wichita Eagle
The proposal would make a first-offense a criminal infraction with a $50 fine for those over 21. Supporters say that it would help people who make a one-time mistake not have to pay for the offense for a lifetime, especially when it comes to getting or keeping a job.
The Eagle has gathered questions about the proposal from readers. Answers are based on previous reporting, interviews and public records.
Q. What will the ballot say on April 7?
A. Shall the following be adopted?
An ordinance reducing the penalty for first offense conviction for possession of thirty-two (32) grams or less of cannabis sativa l, otherwise known as marijuana, and/or drug paraphernalia related thereto, by persons twenty-one (21) years of age or older, to an infraction with a fine not to exceed fifty dollars ($50.00).
Q. Would this legalize marijuana?
A. No. Marijuana is still illegal under federal law.
Q. What are the current penalties? How do those compare to other crimes?
A. State law says possession of marijuana and drug paraphernalia are criminal offenses with up to a $2,500 fine and one year in jail, which is a class A misdemeanor, according to state statute. Another offense with the same classification is assault of a police officer.
Q. Will the state challenge the issue if it passes locally?
A. It's possible, and several city officials think the state will challenge it. Attorney General Derek Schmidt's office is reviewing the issue.
Q. Will Wichita be the first city in Kansas to relax marijuana laws?
A. In 2006, Lawrence adopted a changed marijuana ordinance. Elizabeth Hafoka, supervising city prosecutor for Lawrence, said the ordinance essentially mirrors the state statute but adds a minimum $200 fine. Unlike the proposed Wichita ordinance, the Lawrence law leaves possession as a misdemeanor instead of changing it to an infraction.
When someone in Lawrence gets a citation, Hafoka said, they come to court and have three options: trial, plea or diversion. She said the city typically recommends no jail time to the court if the person enters a plea of guilty or no contest, but it will recommend 12 months of non-reporting probation, along with a recommended $300 fine and court costs of $60. Offenders also have to obtain a substance abuse evaluation specific to marijuana and complete treatment recommendations, which can range from nothing to a class to outpatient treatment to in-patient treatment.
If the terms are not followed, the person may face a 180-day jail sentence, Hafoka said.
Q. How did this issue get on the ballot?
A. The Wichita City Council voted 6-1 in January to put the measure on the ballot after backers presented a petition with thousands of signatures supporting it. Council members could have adopted the change outright, done nothing or put it on the ballot. Council member Pete Meitzner voted no.
It wasn't the first time supporters tried to get a marijuana issue on the city ballot. Last August, petitioners fell 36 signatures short of the required 2,928 needed to put a measure decriminalizing pot on the November ballot. After that, the City Council directed city legal staff to help the petitioners redraft the ballot language, resulting in the petition to lessen the penalty for first-time offenders.
Q. What are examples of things that weigh roughly the same as an ounce of marijuana?
A. Five quarters, a slice of bread, 28 large paperclips, a CD, a AA battery or three egg yolks.
Q. What's the difference between recreational and medicinal marijuana?
A. Recreational marijuana is used by people seeking to "get high" to relax or have fun. Medicinal marijuana is prescribed use of marijuana in an attempt to reduce pain or other symptoms in a person. The proposed ordinance could apply to either type of marijuana use if passed.
Q. Who is the group pushing for the passage of the marijuana issue?
A. The group is called Marijuana Reform Initiative (MRI)-ICT. You can learn more about it at MRI-ICT | marijuana reform initiative-Wichita, KS. There is no organized opposition group.
Q. What do the two candidates for mayor, who will also be on the April 7 ballot, think about the proposal?
A. City council member Jeff Longwell says he is comfortable with voters deciding and was one of the council members who approved putting it on the ballot after petitioners presented the required number of signatures. Retired advertising executive Sam Williams says he opposes the measure.
News Moderator: Jacob Redmond 420 MAGAZINE ®
Full Article: Your questions answered: Wichita?s proposed marijuana ballot question | The Wichita Eagle The Wichita Eagle
Author: Kelsey Ryan
Contact: kryan@wichitaeagle.com
Photo Credit: Azel Praer
Website: Breaking News, Sports, Weather & More | The Wichita Eagle & Kansas.com The Wichita Eagle
