Wichita could face legal action over marijuana initiative

The city of Wichita could face legal action if it does not remove from its city elections ballot a proposal to lessen marijuana penalties, two Kansas lawmakers said Tuesday.

Wichita is expected to begin printing ballots on March 13 for its April 7 city election and it plans to include a ballot initiative that would reduce first-time marijuana possession penalties to a $50 fine in the city. The city council voted in January to include the measure on the ballot after a successful petition campaign.

Kansas Attorney General Derek Schmidt released an opinion Friday that said the ballot measure conflicts with several state laws and therefore “a public vote to adopt it would have no legal force or effect.”

Republican Rep. Mark Kahrs, of Wichita, said the opinion means the attorney general could and should take legal action against the city if it prints ballots that include the initiative.

Jennifer Rapp, a spokeswoman for the attorney general, declined to comment on what actions Schmidt would take if the ballot is printed or if it passes next month. She said that the opinion Schmidt issued speaks for itself.