§ 5.26.050. Policies for marijuana and marijuana paraphernalia offenses.

(a)

On April 7, 2015, citizens voted to adopt an ordinance reducing the penalties for possession of small quantities of marijuana and marijuana paraphernalia to a criminal infraction. Based on this vote, it is the Council's intent to enact an ordinance consistent with the spirit and intent of the ordinance approved by the Wichita voters, while remaining in compliance with provisions and dictates of state law.

(b)

The purpose of this section is to ensure that individuals over the age of twenty-one (21) years of age, other than those excluded herein, possessing a small quantity of marijuana or who possess drug paraphernalia, as defined by the chapter, utilized to contain, store, use, ingest, smoke or inhale marijuana, are not arrested and suffer only a fine and/or community service and no other punishment or penalty for the possession of a small quantity of marijuana and/or marijuana paraphernalia. This section shall be liberally construed for the accomplishment of these purposes.

(c)

For the purposes of this section:

(1)

A small quantity of marijuana means the possession of thirty (32) grams or less of marijuana as defined by this chapter;

(2)

Class A misdemeanor means an offense for which the statutory penalty is a fine not to exceed two thousand five hundred dollars ($2,500.00), and/or imprisonment of up to twelve (12) months in jail.

(3)

Conviction includes being convicted of a violation of a law of this state or of another state or an ordinance of any municipality which prohibits the acts that this section prohibits or entering into a diversion or deferred judgment agreement in lieu of further criminal proceedings in a case alleging a violation of such a law or ordinance;

(d)

Unless the arrest of an individual is required by state or federal law, a valid court order, or the identity of the individual cannot be determined, when any Wichita police officer suspects any individual over the age of twenty-one (21) years of age, other than those excluded herein, of possession of a small quantity of marijuana or marijuana paraphernalia, that person shall not be required to post bond, suffer arrest, be taken into custody for any purpose or detained for any reason other than the issuance of a summons, suffer incarceration, suffer loss of driver's license, or any other punishment or penalty other than the issuance of a summons and, if found guilty, a fine of up to fifty (50) dollars and all applicable court costs and laboratory fees. There shall be a strong presumption that the proper disposition of any such case by the court is limited to the assessment of a fifty (50) dollar fine and all applicable court costs.

(e)

Subsection (d) shall not apply to persons:

(1)

Who have been convicted of a felony within the preceding five (5) years; or

(2)

Who have been convicted of a Class A misdemeanor within the preceding three (3) years; or

(3)

Who have been convicted in a state or municipal court of misdemeanor marijuana possession or marijuana paraphernalia on one or more prior occasions within the preceding three (3) years; or

(4)

Who are arrested on suspicion of any felony, criminal misdemeanor or Driving Under the Influence of Alcohol and/or Drugs offense, other than possession of drug paraphernalia, arising from the same set of facts and circumstances as the alleged marijuana offense.

(f)

The provisions of this section are severable. If any provision of this section is declared invalid, that invalidity shall not affect other provisions of the section which can be given effect without the invalid provision.

(g)

The message of this section is that people should not use marijuana, but should also not lose opportunities for education and employment because of such use.

(Ord. No. 50-540, § 2, 6-13-17)