Pubdate: Fri, 29 Jan 2016
Source: Wichita Eagle (KS)
Copyright: 2016 The Wichita Eagle
Contact: http://www.kansas.com/604
Website: http://www.kansas.com/
Details: http://www.mapinc.org/media/680
Author: Rhonda Holman, Eagle Editorial Board

STATE SHOULD FOLLOW WICHITA'S LEAD ON POT

This week saw serious Statehouse consideration of measures to reduce 
criminalization of marijuana and hemp.

The Kansas Supreme Court's narrow ruling last week voiding a Wichita 
ordinance left Kansans to wonder whether a city has the legal 
authority to approve penalties less punitive than state law for 
marijuana possession, while making some Wichitans feel as if their 
votes don't matter. Both outcomes were frustrating.

But if it once seemed pointless to say marijuana law is better 
debated in Topeka, it no longer does. This week saw more serious 
Statehouse consideration of measures to reduce criminalization of 
marijuana and hemp, and in the process ease suffering and save tax dollars.

The justices struck down the Wichita ordinance because the advocates 
didn't follow state law in filing their proposal with the city. In 
getting it on last April's ballot and winning 54 percent voter 
approval, however, the Marijuana Reform Initiative-ICT did secure 
evidence of Wichitans' support for its cause of making possession of 
an ounce or less of marijuana a criminal infraction with a $50 fine 
for first-time offenders 21 and older. Under state law, possession of 
marijuana is a Class A misdemeanor punishable by up to a $2,500 fine 
and one year in jail.

Even if it doesn't count, the voters' endorsement of a lesser penalty 
matters. The City Council could acknowledge as much by adopting the 
charter ordinance itself. Mayor Jeff Longwell sounded unenthusiastic 
last week about that option, though, which surely would bring another 
challenge by Attorney General Derek Schmidt.

Instead, as Schmidt told The Eagle, the Legislature should decide 
whether state law pre-empts municipal ordinance when it comes to 
regulating penalties for marijuana or other criminal categories.

As it happens, lawmakers already are thinking about making changes to 
marijuana law. Minds are opening, in part because of a scarcity of 
open prison beds.

A Senate committee advanced bills to the full chamber Tuesday that 
would lessen penalties for first- and second-time marijuana 
possession and enable Kansans with seizure disorders to access hemp 
oil treatment.

The first measure was toughened up with stricter penalties for 
burglary, while the hemp oil bill was sent on without recommendation 
and may be redirected to a health-related committee. But with both 
ideas having won favor in the House last spring, the bills will be 
worth watching.

Kansas remains a long way from Colorado-like decriminalization.

But as Sen. Forrest Knox, R-Altoona, said of the marijuana penalty 
bill: "These are nonviolent crimes that I think probably we're 
dealing with too harshly."
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MAP posted-by: Jay Bergstrom