LAWRENCE Lawrence city leaders are moving forward with changes that would decrease the citys fine for possessing small amounts of marijuana to $1.
As part of its meeting Tuesday, the Lawrence City Commission voted 4-1 to amend the city ordinance that lays out the penalties for first and second convictions for marijuana possession. The changes apply to people 18 and over who are convicted of possessing 32 grams or less of marijuana.
Commissioner Matthew Herbert said he thought the commissions vote sent a message to state lawmakers, especially given that some states surrounding Kansas have legalized marijuana in some capacity. He said he thought it was the commissions role to legislate change locally that it wants to see statewide.
From where I sit, this is our City Commission sending a message to the state that on our local level, we perceive this as taking as little action as we possibly can in a criminal justice system for this behavior, Herbert said. And hope that that message resonates with them.
Changes to marijuana possession penalties made by the commission can only apply to first and second convictions because third offenses are felonies under state law and therefore cannot be processed in municipal court, which only handles misdemeanors. That fact caused some concern for Commissioner Stuart Boley, who was in favor of a $1 fine for the first offense, but voted against the changes because he wanted the fine for the second offense to be significantly more due the severity of the state law.
Currently those found in possession of marijuana could pay up to $400 in fines and other charges.
Boley said the fines set by the city need to send a message that the penalty increases, so people wont be caught unaware that they could be facing a felony.
Im really concerned with having the first offense being $1, followed by the second offense being $1 and then the third offense being a felony, Boley said. I think were lulling people into false confidence that they can do this with impunity but theyre still facing a felony charge on the third time.
As a way to step up the penalty for the second conviction and address Boleys concern, the commission agreed not to change a provision in the ordinance regarding drug evaluations. Under the ordinance, a judge may require a drug evaluation for a first conviction, and an evaluation is mandatory for second convictions.
Six people spoke during public comment about the proposed changes, all in favor of lowering the penalties for marijuana possession and some also asking the commission to look at related fines for drug paraphernalia possession. Only one commenter said he opposed lowering the fines, saying that the changes were meant to get as close to legalizing marijuana as possible and that could have negative health and safety effects, particularly on children.
