The Garden City Police Department, Garden City USD 457, the State of Kansas, the governor and the Kansas Department of Children and Families are among the defendants in a lawsuit being prepared by attorneys for Shona Banda that alleges her rights to use cannabis for medicinal purposes and maintain custody of her son have been violated.

Banda's civil rights attorney, Matthew Pappas, worked with Sarah Swain, her criminal defense attorney, in preparing the lawsuit. They intend to file it in federal court in Wichita.

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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.

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Shona Banda, a Garden City mom who faces three felonies and two misdemeanors for pot use, pleaded not guilty Monday.

Susan Richmeier, Finney County district attorney, said in an email that a preliminary hearing is set for Nov. 16.

Law enforcement and Kansas Department of Children and Families officials started investigating Banda after her 11-year old son said "my mom smokes ... a lot!" during an anti-drug program at Bernadine Sitts school in Garden City. The 11-year old could even cite various strains of marijuana, according to Banda's arrest affidavit.

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Kansas is not going to give up and make marijuana legal any time soon, we know that.

A state that did not end Prohibition until 1984 isn't going to move quickly on this issue. ...

But isn't it time to stop loading down every pothead who stumbles into police custody with a bunch of charges that won't do him or the state any good?

For while simple possession of small amounts of dope is not a felony, many of the "tack-on" charges are. ...

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Marijuana advocates say the state unfairly targeted one Garden City mom for using weed to treat her medical condition.

Her arrest affidavit paints a slightly different picture.

Shona Banda, 38, faces five charges related to marijuana use and child endangerment after her 11-year-old son talked about her drug use during an anti-drug program at school.

The boy said "my mom smokes ... a lot!" during the drug program and "appeared to have too much information related to the drug," even citing various strains of marijuana, according to Banda's arrest affidavit.

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Attorneys for Shona Banda, the Garden City woman who made national news after her arrest on drug allegations, plan to file a lawsuit against the state of Kansas in U.S. District Court for the District of Kansas alleging Banda's civil rights were violated.

Banda's attorney, Sarah Swain, and another attorney, Matthew Pappas, announced plans to file the suit at a July 3 press conference in Los Angeles.

When contacted Friday, Banda declined to comment about filing the lawsuit.

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Though it's a long way from playing out in the courts, the criminal case against Shona Banda is helping make the wider case for change in Kansas' marijuana laws.

At least as the public knows the facts so far, what's happening to the ailing Garden City mother defies reason and dramatically serves the cause of those advocating that medical use of marijuana be decriminalized and penalties for nonviolent drug offenses be relaxed.

Banda has used cannabis oil to treat her Crohn's disease - something she wrote about in a book and her 11-year-old son mentioned at school during an anti-drug program in March. Her son's statement prompted investigations by the Department for Children and Families and the Garden City Police Department, as well as a police search of their home and placement of the boy in protective custody.

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Shona Banda, the local medicinal marijuana advocate who faces multiple drug charge in addition to a child endangerment charge, had her first appearance in Finney County District Court Tuesday morning.

In a brief appearance, District Magistrate Judge Ricklin Pierce forwarded the case against Banda, 37, to Chief Judge Wendel Wurst.

Banda's next court appearance is scheduled for 9 a.m. Aug. 24 in front of Wurst, Pierce said.

Banda, who was in court Tuesday with her attorney, Sarah Swain, already had posted the surety bond of $50,000, Pierce said.

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Shona Banda, a Kansas marijuana advocate, turned herself in to authorities Monday on an arrest warrant with five charges relating to marijuana use.

Banda, 37, drew national attention when she lost custody of her son and was accused of three felony and two misdemeanor charges of using marijuana to treat her Crohn's disease. Her son made comments about his mother's marijuana use during an anti-drug program at his school in Garden City.

A GoFundMe campaign for Banda's legal fees had collected more than $44,000 in donations as of Monday evening. Care2, an activist website, also created an online petition for her case, which boasted 140,782 signatures as of Monday.

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Shona Banda, a Garden City mom who faces five charges related to marijuana use, appeared in court for the first time on Tuesday.

Those charges came after her 11-year-old son made comments about Banda using pot during an anti-drug program in his fifth-grade class at Bernadine Sitts School.

Eleven days after the incident, Garden City police and the Department for Children and Families questioned Banda's son at school and raided Banda's home in Garden City. Authorities took her son away and put him in protective state custody.

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As she approached the Finney County Sheriff's Office Monday, Shona Banda, the local medicinal marijuana advocate who gained national attention after the state took custody of her son, was surrounded by supporters, including Jennifer Winn, the Republican candidate who challenged Gov. Sam Brownback in last August's primary.

Banda, accompanied by her attorney Sarah Swain and several others, turned herself in at the Law Enforcement Center at 2 p.m. Monday. Several local media outlets gathered outside along with other supporters.

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The attorney for Shona Banda, the local medicinal marijuana advocate who made national news earlier this year after her son was taken into protective custody, said Banda plans to surrender herself for arrest Monday afternoon.

Banda, 37, Garden City, was charged on 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, possession of drug paraphernalia, and possession of drug paraphernalia.

According to a press release issued Thursday by Banda's attorney, Sarah Swain, Banda will surrender for arrest at 2 p.m. Monday at the Finney County Jail, 304 N. Ninth St. Swain plans to be on hand to answer questions.

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The local medicinal marijuana advocate who made national news earlier this year after her son was taken into protective custody is now facing criminal charges.

Finney County Attorney Susan Richmeier on Friday issued a press release outlining five charges being filed against Shona Banda, 37, Garden City: 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, possession of drug paraphernalia, and possession of drug paraphernalia.

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To the editor:

The Lawrence Police Department has received approval to set up a K-9 unit. The chief of police said the dogs will be used to, among other things, find large quantities of marijuana. This means that the dogs will ratchet up the war on drugs.

The laws in Kansas against selling marijuana were already severe when the Brownback administration introduced new legislation that made the penalties for some cases of selling marijuana harsher than the penalties for some cases of violent crime. The administration also enacted legislation that makes it harder for people convicted of selling marijuana to receive probation. Placing someone convicted of selling marijuana in prison, where they are thrown in with long-term criminals, can actually make them more prone to re-offend when they get out than they would be if they were placed on probation.

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Legalization of medical marijuana in Kansas is inevitable, Sen. David Haley told a crowd of about 30 supporters at a rally in the rotunda of the Capitol on Thursday afternoon.

Haley, D-Kansas City, and Rep. Gail Finney, D-Wichita, have introduced companion bills in the House and Senate, SB 9 and HB 2011, that would allow medicinal use of marijuana.

Haley pointed out that 23 states and the District of Columbia have already approved medical marijuana.

"We have to get this done," Haley said. "Everyone in this Capitol knows that one day, one day, medical marijuana will be available in every one of the 50 states. We know that. The question is ... will Kansas be the 24th state or the 50th?"

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To the editor:

District Attorney Charles Branson said in an article on Sept. 7, that the real problem with selling marijuana in Lawrence is the armed invasion of the homes of people who sell marijuana. He said that in the last two years there have been 25 drug-related home invasions, and if you go back five years, three deaths occurred in these robberies.

Of course this is worrisome, but the root cause of these crimes is the prohibition of marijuana, not marijuana use itself. As a law enforcement official, violent crime is bound to be the district attorney's focus, but a look at the prohibition of alcohol shows that the social costs of prohibition far outweigh the costs of legalization. The armed robberies of bootleggers and speakeasys are things of the past precisely because the prohibition of alcohol was repealed.

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To the editor:

Thanks for the article (Sept. 8) on our district attorney's attitude towards marijuana crimes. His acknowledgement that the black market (prohibition) creates potential danger for marijuana sellers is spot on, but his assertion that sellers are targeted by law enforcement for their own protection seems a bit off the mark - unless those his office has sent to prison are thanking Charles Branson for keeping them safe. Unlikely.

Maybe one contributing factor to the potential danger for sellers is how armed home invaders fare in court - sometimes getting plea agreements resulting in probation. In one high-profile case, the defendant received probation, a waiver from the requirement to register as a violent offender, and a record that omitted the fact that a gun was used in the commission of the crime. That sends a stern message to would-be armed robbers!

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For decades a vast, uncontrolled experiment has been conducted across America.

Cannabis -- or "marijuana" -- has been used for thousands of years as a medicine and sacrament. Colonial American landholders were required to grow it, mainly for its fiber, used in cordage for sailing ships.

George Washington took it to ease his gout, and Queen Victoria relieved her menstrual cramps with it.

Listed in the official U.S. Pharmacopeia, cannabis was available over-the-counter in neighborhood pharmacies. No epidemic madness resulted.

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Like it or not, legal marijuana is heading our way with its associated problems. Several pro-marijuana bills have been introduced in the Missouri Legislature. Colorado has experienced more use among school kids, even using in school, a 100 percent increase in marijuana-related traffic fatalities, increased gang activity, pediatric marijuana poisonings and difficulty finding workers who can pass drug testing requirements. Now that Colorado has legalized it, pot from Colorado is clearly moving into Kansas.

Where is the Food and Drug Administration while Colorado has become the Wild West related to pot-containing food and drugs?

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Part of the reason our federal government continues to treat marijuana like Kryptonite is the hiring criteria for federal jobs. Ignorance is a prerequisite for employment.

The emphasis on "drug-free" backgrounds ensures that those least knowledgeable about the effects and use of illegal drugs are charged with enforcing federal laws against them. Anyone who has actually smoked marijuana knows the plant is not nearly as dangerous (or exciting) as federal propaganda suggests.

The days when bureaucrats could get away with confusing the drug war's collateral damage with a comparatively harmless plant are over. If the goal of marijuana prohibition is to subsidize drug cartels, prohibition is a success. The drug war distorts supply and demand dynamics so that big money grows on little trees. If the goal is to deter use, marijuana prohibition is a failure. The United States has almost double the rate of marijuana use as the Netherlands, where marijuana is legal.

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