Editor's Note: What is it about marijuana that has inspired states to sue other states and now states suing their own cities? Anyway, for some background, "A first-time offense for simple pot possession in Kansas will earn you a misdemeanor charge on your record, up to a $2,500 fine, and even a year in jail. Get popped a second time and you could be looking at a felony," reports TokeoftheTown.com.  And the new proposal stops shy of decriminalization. "Wichita's proposed new weed law would apply to adults 21 years of age or older. If approved as written, the new penalty for simple pot possession (32 grams or less) will be reduced to a $50 fine. Instead of a pair of handcuffs and a trip to the police station, the penalties would be issued by citation, or at worst, a summons to appear in court at a later date. Additionally, if the offender in question keeps a clean record for one year after their bust, all records of the incident will be expunged from their permanent record," TokeoftheTown.com explained.
The Kansas Attorney General is threatening to sue the City of Wichita if it moves forward with a public vote to lower penalties for marijuana possession.
Attorney General Derek Schmidt gives three reasons why Wichita cannot adopt the lowered penalties for marijuana possession - if voters approve it.
First, he says no copy of the proposed ordinance was filed with the city clerk's office along with the petition, which is required by state law.
Second, he says the proposal contains significant "administrative" subject matter, which state law says can't be put on the ballot through the petition process.
Third, he notes that local rules would conflict with state law - stating the city has no legal authority to adopt the ordinance.
