The City of Wichita today filed a legal action seeking a district court opinion on the legality of a marijuana ordinance approved by Wichita voters in a general city election on Tuesday.
The legality of the voter-approved ordinance, which seeks more lenient penalties for first-time offenders, has been called into question by Kansas Attorney General Derek Schmidt.
The City’s legal action, known as a Declaratory Judgment Action, was filed this morning in Sedgwick County District Court.
“Due to the Attorney General’s opinion, the City is asking the court to tell us whether the ordinance may be enforced and/or enacted into law by the city,” City Council Member Janet Miller said. “The City Council’s action, in placing the ordinance on the ballot, was focused on respect for Wichita residents who were concerned enough about this issue to submit a petition with 3,000 signatures. The right to petition the City Council for ordinance changes through a referendum is basic to our form of government.”