Jacob Redmond
Well-Known Member
The Wichita City Council decided Tuesday to place a question on April's ballot about the lessening of penalties for adult first-time offenders caught in possession of marijuana.
But even if voters approve the measure, its future is uncertain, because it would put Wichita ordinances at odds with state law.
The council's action Tuesday morning came in response to a petition calling for a vote on the issue.
According to interim city attorney Sharon Dickgrafe, the council could have responded to the petition in one of three ways – adopt the proposed ordinance themselves, put it on the ballot or file a court action asking for an opinion on the validity of the ordinance.
The proposed ordinance sets the penalty at a fine of no more than $50 for adults age 21 and older without prior offenses who are convicted of being in possession of 32 grams or less of marijuana. The current penalty, which aligns with state statute, is up to a $2,500 fine and/or up to 12 months in jail.
The only citizens to speak at Tuesday's meeting were supporters of the change. They said current penalties are too steep for something they described as a victimless crime and, often, a mistake made by a young person.
Mayoral candidate Jennifer Winn said that under current law, getting caught with a small amount of marijuana can lead to "a record that will prevent people from being a productive asset to society."
Speakers also discussed what they see as a problem of overcriminalization in the United States. As one citizen noted, Charles Koch addressed the same issue in a recent editorial in Politico. He and Mark Holden, Koch general counsel and senior vice president, wrote, "Enforcing so many victimless crimes inevitably leads to conflict between our citizens and law enforcement."
Citizens mentioned that jailing offenders for victimless crimes can be expensive. The savings for Wichita likely would be relatively minor, though, according to a memo to the council from city staff. It says that according to a sampling of bills, the city spends less than $500 per month on jail fees for defendants who are being held only for drug charges.
Meanwhile, the city would lose out on about $100,000 in fines and fees each year, staff say.
Council members appeared to have differing views on the issue of marijuana. James Clendenin said he's seen drugs tear apart families, while Mayor Carl Brewer said he shares concern about a mistake in one's past having detrimental long-term effects.
"We're children of the 70s," Brewer said. "We've either been there or we know people who have been there."
But regardless of their views on marijuana possession penalties, council members also had other issues to consider. The council must respond to the petition, but the law is not clear on how to handle a petition for an ordinance that conflicts with state statute, council member Janet Miller said.
"I want to be clear that we're not trying to be antagonistic toward the state," she said.
If the proposed ordinance change passes, it's likely the state will take action to nullify it, Miller said. At that point, it would be up to the city to decide how to respond.
"I wouldn't expect a future council to spend money to take this to court and fight state law," she said.
News Moderator: Jacob Redmond 420 MAGAZINE ®
Full Article: Wichita voters to consider marijuana decriminalization proposal in April - Wichita Business Journal
Author: Emily Behlmann
Contact: ebehlmann@bizjournals.com
Photo Credit: City of Wichita
Website: Business News - The Business Journals
But even if voters approve the measure, its future is uncertain, because it would put Wichita ordinances at odds with state law.
The council's action Tuesday morning came in response to a petition calling for a vote on the issue.
According to interim city attorney Sharon Dickgrafe, the council could have responded to the petition in one of three ways – adopt the proposed ordinance themselves, put it on the ballot or file a court action asking for an opinion on the validity of the ordinance.
The proposed ordinance sets the penalty at a fine of no more than $50 for adults age 21 and older without prior offenses who are convicted of being in possession of 32 grams or less of marijuana. The current penalty, which aligns with state statute, is up to a $2,500 fine and/or up to 12 months in jail.
The only citizens to speak at Tuesday's meeting were supporters of the change. They said current penalties are too steep for something they described as a victimless crime and, often, a mistake made by a young person.
Mayoral candidate Jennifer Winn said that under current law, getting caught with a small amount of marijuana can lead to "a record that will prevent people from being a productive asset to society."
Speakers also discussed what they see as a problem of overcriminalization in the United States. As one citizen noted, Charles Koch addressed the same issue in a recent editorial in Politico. He and Mark Holden, Koch general counsel and senior vice president, wrote, "Enforcing so many victimless crimes inevitably leads to conflict between our citizens and law enforcement."
Citizens mentioned that jailing offenders for victimless crimes can be expensive. The savings for Wichita likely would be relatively minor, though, according to a memo to the council from city staff. It says that according to a sampling of bills, the city spends less than $500 per month on jail fees for defendants who are being held only for drug charges.
Meanwhile, the city would lose out on about $100,000 in fines and fees each year, staff say.
Council members appeared to have differing views on the issue of marijuana. James Clendenin said he's seen drugs tear apart families, while Mayor Carl Brewer said he shares concern about a mistake in one's past having detrimental long-term effects.
"We're children of the 70s," Brewer said. "We've either been there or we know people who have been there."
But regardless of their views on marijuana possession penalties, council members also had other issues to consider. The council must respond to the petition, but the law is not clear on how to handle a petition for an ordinance that conflicts with state statute, council member Janet Miller said.
"I want to be clear that we're not trying to be antagonistic toward the state," she said.
If the proposed ordinance change passes, it's likely the state will take action to nullify it, Miller said. At that point, it would be up to the city to decide how to respond.
"I wouldn't expect a future council to spend money to take this to court and fight state law," she said.
News Moderator: Jacob Redmond 420 MAGAZINE ®
Full Article: Wichita voters to consider marijuana decriminalization proposal in April - Wichita Business Journal
Author: Emily Behlmann
Contact: ebehlmann@bizjournals.com
Photo Credit: City of Wichita
Website: Business News - The Business Journals
