KANSAS CITY, Kan. — Legalizing marijuana use or decriminalizing its use in Kansas can only be done by Kansas lawmakers.
In Kansas City, Kansas, Wyandotte County judges, government officials, the health department, sheriff and police chief got together to figure out a way to de-penalize its use.
KCK Mayor Tyrone Garner will tell you the city is filled with diverse communities and a rich history.
But Garner also will tell you Wyandotte County residents face great economic challenges.
Those money woes mean residents who violate marijuana laws face fines they may not be able to pay.
Garner knows across the state line, Missouri residents aren't faced with the same penalties.
“How do we bring equity to that conversation, especially where we are surrounded by states where it is legal, and let's be real, good luck going to any concert or any major event and you see people smoking marijuana or smell the marijuana in the air, so you know people are using it," Garner said.
Garner wants answers to what can be done to ease penalties for his constituents.
“In some form or fashion, marijuana is legal, so what does that mean for our Kansas residents,” Garner said.
Under current law, if someone is charged with possession in Kansas, there are fines or jail time.
With enough convictions, the misdemeanor becomes a felony.
Garner and others in leadership roles want to stop the conviction pattern.
“In our society marijuana is becoming more accepted, it is becoming more available and that’s just a reality,” Garner said. “But it’s not in the state of Kansas, so we want to make sure we do the things necessary at the city of KCK to at least bring awareness to that reality, so we keep people out of the system the best we can."
Last year, 219 people in Wyandotte County were charged with marijuana possession or paraphernalia.
First-time offenders face a $1,000 fine or up to six months in jail.
The numbers show how many people in the county were charged with possession of marijuana or possession of drug paraphernalia:
- 2019 - 288 people
- 2020 - 80 people
- 2021 - 276 people
- 2022 - 219 people
With the Unified Government's marijuana diversion program, judges have agreed to waive fees in exchange for someone opting into the program and watching a brief informational video.
The short video explains what marijuana does to your health and what it means to possess the drug in Kansas.
You can watch the in front of a judge.
If there are time conflicts, the video can be watched at home.
The mayor said it’s an effort to bring more compassion into the law.
“We can’t decriminalize it here at the local level, but what we can do is educate — we can put preventative measures in place and we can also offer treatment and do it in a stair step way that brings equity,” Garner said.
One KCK resident is pleased with the efforts of city leaders.
“I feel like they are finally aware that something needs to be done,” Myreale Ford said.
Garner said the new program is one way to help people who will still use marijuana.
“People are going to make the choices, they’re going to make for their lives, but they can’t say they didn’t have a municipal criminal justice system that didn’t try to help them stay on track in a way that improves their lives,” Garner said.
Ford agreed the program is needed and can ease the burden on law enforcement.
“I feel like it’ll definitely help a lot of people — there’s more bigger crimes to be chasing than simple marijuana,” Ford said.
Garner also talked about the future of marijuana laws in Kansas.
“I’d like to fall in line with what reflects the values of our state, our city and our great nation,” he said. “This is a democracy and if the majority of people feel that is a value they embrace then I think Kansas needs to get on board with it.”
The city's new program will take effect Oct. 1.
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