TOPEKA — A top Kansas prosecutor has asked the state’s Supreme Court to look past flaws in the petition process that led to a Wichita marijuana ordinance and focus on whether the measure conflicts with state law.
Deputy Chief Attorney General Jeff Chanay told the justices Thursday that if they reject the ordinance on procedural grounds the state will be back before the court seeking a ruling on whether the city has the right to deviate from state marijuana laws.
Wichita’s ordinance imposes no more than a $50 fine for first-time possession of a small amount of pot.
Deputy City Attorney Sharon Dickgrafe says the ordinance is not in conflict because it sets a maximum penalty that is within the range of penalties for pot possession under state law.
