Kansas should adapt statewide law to Wichita’s

An initiative passed in Wichita calls for reduced penalties for possession of marijuana, but is in conflict with Kansas state law. There is a simple solution.

On April 7, 2015 Wichita voters passed a ballot initiative that reduces the penalties for possession of small amounts of marijuana. The proposed — pending — Wichita law removes the threat of jail, and allows for expunging the record of the violation.

Current news and debate focuses on the conflict between the Wichita ordinance and state law, with the Kansas Attorney General filing a lawsuit asking the Kansas Supreme Court to block implementation of the law Wichita voters approved.¹

There is a simple solution, and one that could be implemented quickly. The Kansas Legislature should change state law to allow for the will of Wichita voters to be expressed. The legislature might do this in a number of ways. It might use the Wichita ordinance as a model for a similar law that would apply statewide. Or, it could write a law that allows the proposed Wichita ordinance to coexist with state law. There may be other solutions.

Either way, Kansas law needs reform. The law regarding marijuana in Kansas is an example of overcriminalization, that is, of laws we don’t need, or laws that cause more harm than good. In January Charles G. Koch and Mark V. Holden of Koch Industries, Inc. wrote an op-ed published in Politico titled The Overcriminalization of America: How to reduce poverty and improve race relations by rethinking our justice system.² They explain the nature and scope of the problem:

Overcriminalization has led to the mass incarceration of those ensnared by our criminal justice system, even though such imprisonment does not always enhance public safety. Indeed, more than half of federal inmates are nonviolent drug offenders. Enforcing so many victimless crimes inevitably leads to conflict between our citizens and law enforcement.

The proposed Wichita ordinance fits into this category. It reduces the penalties for possession of small amounts of marijuana, removing the threat of jail. No matter one’s feelings regarding the use of marijuana, it is a victimless crime. This is especially true for those who use — or would like to use, but for fear of breaking the law — marijuana for medicinal purposes.

In addition to the societal aspect of victimless crimes, Koch and Holden explain the economic factor:

Reversing overcriminalization and mass incarceration will improve societal well-being in many respects, most notably by decreasing poverty. Today, approximately 50 million people (about 14 percent of the population) are at or below the U.S. poverty rate. Fixing our criminal system could reduce the overall poverty rate as much as 30 percent, dramatically improving the quality of life throughout society — especially for the disadvantaged.

In a few weeks the Kansas Legislature will reconvene. There is still important business to conduct, such as passing a budget. But there will be time to consider and pass a law that would allow the will of Wichita voters to be implemented. Passing such a law doesn’t mean that legislators recommend or approve of marijuana. It simply means that they recognize a victimless crime for what it is, and in the process make Kansas a more tolerant and welcoming state.