City no longer jails people for minor drug possession

? Unlike the rest of Sedgwick County, people found to be possessing small amounts of illegal drugs in Wichita no longer get sent to jail.

Instead, those caught with less than a quarter-gram of meth or cocaine are charged with possession of drug paraphernalia, given notice to appear in a misdemeanor courtroom and released.

Possession of a quarter-gram of illegal drugs used to be prosecuted as a felony in Wichita. The city began treating it as a misdemeanor about two years ago so detectives could focus on more serious drug investigations, said Deputy Police Chief Tom Stolz.

“To be honest with you, there’s so many paraphernalia cases that we could clog the District Court system if we charged them all as felonies,” he said.

State law makes possession of any amount of cocaine or meth a felony, but a spokesman for the attorney general’s office said punishment was a local jurisdiction issue.

Deputy District Attorney Kim Parker said Wichita police cases involving smaller amounts of drugs are still prosecuted if a suspect has a prior criminal record or is a known gang member who is considered a threat to the community.

State sentencing guidelines require probation for first-time offenders convicted of felony drug possession. In cases filed in Wichita Municipal Court as misdemeanors, Parker said, a person can be sentenced to up to a year in jail. Typically, first-time offenders in both courts are placed on probation.

Sgt. Chester Pinkston, president of Wichita’s Fraternal Order of Police, said some Wichita officers have complained that the new policy allows drug users to go unpunished.

Sedgwick County Sheriff Gary Steed said his deputies still pursue felony charges for people found with small amounts of cocaine or meth. But he said he understands why Wichita has changed its policy.

“You can’t hardly blame them for using their resources the best way they can,” he said.

Paul Morrison, who becomes attorney general today, said Johnson County prosecutors routinely filed felony charges against people arrested for possession of less than a quarter-gram of drugs.

Stolz said he doesn’t know how many drug cases fall below the 0.25-gram threshold. The department handles 1,600 to 1,700 drug cases a year.