Preliminary Hearing Set In Shona Banda Medical Marijuana Case

Jacob Redmond

Well-Known Member
A preliminary hearing has been set in the case of Shona Banda, the local medicinal marijuana advocate who faces multiple drug charges, in addition to a child endangerment charge.

Chief Judge Wendel Wurst on Monday set the preliminary hearing for 8:30 a.m. Nov. 16. in Finney County District Court.

Banda is charged with three felonies and two misdemeanors. She was charged June 5 with endangering a child, distribution or possession with intent to distribute a controlled substance within 1,000 feet of school property, unlawful manufacture of a controlled substance and possession of drug paraphernalia.

The investigation resulted from comments her son made during a drug education program March 24 at his school, Bernadine Sitts Intermediate Center, that led to the Department of Children and Families and Garden City Police Department being contacted.

According to police, the boy said his mother and other adults were avid drug users and that there was a lot of drug use occurring in his residence. That led police to suspect drugs were present in the home.

Banda's attorney, Sarah Swain, said the defense is ready for the preliminary hearing.

Swain said she anticipates the preliminary hearing will last at least a day.

"We will have some witnesses we will be calling," she said.

Prosecutor William Votypka said the state's part of the hearing would last four to five hours.

Swain said she had no objection to waiting until November for the preliminary hearing.

"We have some issues to resolve, motions to make, so we have no objections to setting it out (down the line)," she said.

Wurst said he does not want the hearing to last more than one day.

"Everyone needs to be ready, and if we need to go late, plan on doing that," he told the attorneys Monday morning in court.

Los Angeles civil rights attorney Matt Pappas was in court Monday to offer Banda support. Pappas is waiting to be certified to practice law in Kansas, where he plans to file a lawsuit against the state of Kansas on Banda's behalf once that is done.

Some media outlets erroneously reported Monday that Banda had pleaded not guilty to the charges, due to incorrect information provided by the Finney County Attorney's Office.

A plea would not be entered until arraignment after the preliminary hearing.

Banda is free on a surety bond of $50,000.

The three felonies carry a potential sentence of 11 to 17 years. Due to their respective severity levels, the charges could land Banda in jail for more than 30 years if she is convicted.

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