City seeking opinion on the legality of the marijuana ordinance

Marijuana (KSN File Photo)

WICHITA, Kansas – Wichita is seeking a court decision on the legality of an ordinance approved by voters to reduce the penalties for possession for small amounts of marijuana.

The city filed a legal action Wednesday in Sedgwick County District Court, a day after 54 percent of voters cast ballots in favor of it. It will make first-time possession a criminal infraction with a $50 fine.

State law makes first-time possession is a misdemeanor punishable by a fine of up to $2,500 and a year in jail.

Attorney General Derek Schmidt has issued an opinion saying the ordinance conflicts with state law and a vote to adopt it would have no legal force.

The city is asking the court to determine if the proposed ordinance is enforceable and whether it may be enacted.

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