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Prosecutor asks high court to examine Wichita pot measure

MarijuanaBILL DRAPER, Associated Press
TOPEKA, Kan. (AP) — A top Kansas prosecutor has asked the state’s Supreme Court to look past flaws in the petition process that led to a Wichita marijuana ordinance and focus on whether the measure conflicts with state law.

Deputy Chief Attorney General Jeff Chanay told the justices Thursday that if they reject the ordinance on procedural grounds the state will be back before the court seeking a ruling on whether the city has the right to deviate from state marijuana laws.

Wichita’s ordinance imposes no more than a $50 fine for first-time possession of a small amount of pot.

Deputy City Attorney Sharon Dickgrafe says the ordinance is not in conflict because it sets a maximum penalty that is within the range of penalties for pot possession under state law.

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TOPEKA, Kan. (AP) — Marijuana reform advocates across Kansas are closely watching as a legal dispute over a Wichita ordinance plays out in the state’s highest court.

The Kansas Supreme Court is hearing oral arguments Thursday on the legality of the ordinance that lessens the penalties for possessing small amounts of marijuana.

Kansas Attorney General Derek Schmidt is asking the court to strike down the measure, saying it conflicts with state law. Wichita voters approved the ordinance in April, with 54 percent in favor.

An activist behind the Wichita initiative says his group has spoken with people in Salina, Hutchinson, Topeka, Emporia and smaller Kansas communities interested in doing something similar.

Kansas has no provision for statewide initiatives. But supporters say a favorable ruling will empower citizens to run their own ballot initiatives.

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WICHITA, Kan. (AP) — Kansas’s highest court will soon hear oral arguments over the legality of Wichita’s marijuana ordinance.

The Kansas Supreme Court is scheduled to take up on Thursday the legal challenge brought by Kansas Attorney General Derek Schmidt. At issue is the state’s effort to invalidate a voter-approved ordinance in Wichita lessening criminal penalties for possessing small amounts of marijuana.

Among the issues the Kansas Supreme Court will consider is whether the ordinance conflicts with state law. Also at issue is whether the ordinance was filed properly.

The ordinance imposes no more than a $50 fine for first-time possession of a small amount of pot. State law deems it a misdemeanor punishable by up to a year in jail and a $2,500 fine.

Wichita voters approved the measure in April.

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