Lawmakers, several state officials denounce Wichita initiative to ease marijuana penalties

Some lawmakers and state officials tried on Friday to rally opposition to a Wichita ballot initiative believed to be the first in Kansas that seeks to ease penalties for first-time possession of small amounts of marijuana.

A handful of legislators were joined by top state officials at a news conference to say the city has no legal authority to adopt an ordinance that conflicts with state law — even if voters approve the ballot initiative during Tuesday’s local election.

“This is an illegal petition and an illegal referendum,” said state Rep. Steve Brunk, a Republican lawmaker from Wichita.

The ballot measure does not attempt to legalize marijuana. It proposes to makes first-time possession a criminal infraction with a $50 fine in Wichita. Under state law, it is a misdemeanor punishable by a fine of up to $2,500 and a year in jail.

Opponents cited a March 5 opinion and letter from Kansas Attorney General Derek Schmidt saying that even if the majority of voters approve the referendum he would be required to file suit to enforce state law.

Supporters say people should vote for the measure to send the Legislature a message, even if it is not legally binding.

Phyllis Gilmore, secretary for the Kansas Department of Children and Families, decried marijuana as “a gateway drug” that leads to abuse and creates an unsafe environment for children. Also speaking out was Ray Roberts, secretary for the state Department of Corrections, who at his turn denounced the referendum as a step toward decriminalizing marijuana.

Some supporters of the measure held signs and heckled speakers at the event.

“We should still go ahead and vote yes — one of the keystones of our democracy is to vote,” said Essau Freeman, organizer for the marijuana reform initiative.

Freeman called the news conference by top state officials and legislators a “vulgar display of power.”

He also noted that Kansas does not have any provision for a statewide ballot initiative, and the citywide petition is a way for people to get their voices heard.

State Rep. Mark Kahrs, another Wichita lawmaker, said after the news conference that there is no support in the Legislature for decriminalizing marijuana in Kansas.

And Kahrs said he is happy that Kansas does not allow statewide ballot initiatives: “I am glad we don’t, honestly — no telling what we would get with that.”