Voters in Wichita went to the polls on April 7and approved, 54% to 45%, easing penalties for possessing small amounts of marijuana. The final results came in at 9:15 p.m.
The proposed ordinance does not legalize marijuana. It makes first-time possession a criminal infraction with a $50 fine. Under state law, it is a misdemeanor punishable by a fine of up to $2,500 and a year in jail.
Kansas Attorney General Derek Schmidt immediately filed a petition with the Kansas Supreme Court asking them to strike down the ballot initiative. That action stayed implementation of the new law. The Kansas Supreme Court heard the case last fall. They still have not released a decision.
In the meantime, during the 2015 Legislative session, the Kansas House passed a bill reducing the penalties for possession of small amounts of marijuana. As introduced, the bill would reduce the sentencing range for first time marijuana possession offenders from a Class A to a Class B misdemeanor. Doing so would reduce the maximum possible jail sentence from a year to six months, as well as dropping the maximum fine from $2,500 to $1,000. Second-time offenders would also see a reduction in penalties from a felony to a misdemeanor. Subsequent offenses would remain classified as a level-five felony, penalized by a maximum penalty of 3.5 years in prison, including a ten month mandatory minimum sentence.
Two major amendments to the bill were approved before the floor vote. One of the amendments approved for inclusion in the bill would authorize the study of industrial hemp cultivation in the state under recently issued federal guidelines that allow state-sanctioned industrial hemp research programs.
The other amendment, proposed by Rep. John Wilson (D-Lawrence) would allow patients suffering from seizures, including those characteristic of epilepsy, access to low-THC cannabis oils.
