Kansas Supreme Court nullifies Wichita’s marijuana ordinance

The Kansas Supreme Court released its decision today in a case filed by the Kansas Attorney General against the city of Wichita’s new marijuana ordinance, with the court ruling Wichita’s ordinance null and void due to not being enacted according to statutory procedures.

The ordinance would have reduced the severity level of a first-offense conviction for possession of 32 grams or less of marijuana and paraphernalia from a misdemeanor to an infraction when the offender is 21 years old or older.

Chief Justice Lawton R. Nuss wrote the majority opinion, and Justices Lee A. Johnson and Dan Biles each wrote separately concurring in part and dissenting in part.

The court held that the ordinance was not enacted in accordance with procedures set out by state statutes, which require ordinance proponents to file with the city clerk a copy of the proposed ordinance with the petition signed by a sufficient number of electors.

The court explained that by not including the proposed ordinance with the petition, the statutory objectives of having the ordinance be supported by a sufficient number of qualified electors, and giving the electorate and governing body an opportunity to be fully aware of the exact ordinance being proposed, were not met.

The court issued a writ in quo warranto declaring Wichita’s ordinance null and void.

Information from the Kansas Office of Judicial Administration.

Contact us: Osage County News | P.O. Box 62, Lyndon, KS 66451 | [email protected] | 785-828-4994 | Powered by Osage County, Kansas