With marijuana issue on ballot, mayoral candidates weigh in

In addition to choosing the next mayor of Wichita, voters will decide April 7 whether to lessen penalties for first-time possession of marijuana.

The proposal seeks to amend the city code and make a first-offense marijuana possession a criminal infraction with a $50 fine. The conviction would be expunged after 12 months if an offender kept a clean record.

Mayoral candidates are split on the proposal, with some saying they oppose the measure and others saying that reducing the penalties will help people who have made mistakes recover and have productive lives.

The Wichita City Council decided to put the issue on the ballot for voters to decide rather than pass it outright after Esau Freeman, organizer for the Marijuana Reform Initiative, delivered a 689-page petition with the signatures of thousands of supporters.

It’s unclear what will happen if voters approve the proposal, since it appears to conflict with state law. Some city officials expect a potential challenge by the state over the proposed ordinance.

Current city ordinances and state law say possession of marijuana and drug paraphernalia are criminal offenses with a fine of up to $2,500 and up to one year in jail.

A representative of Attorney General Derek Schmidt’s office said they are “aware of this situation and are reviewing it.”

Council members have been clear they would not support spending money on a legal fight with the state if the issue passed and was challenged.

The Eagle asked mayoral candidates where they stand on the city’s ballot initiative to lessen penalties for first-time possession of marijuana and on the legalization of marijuana.

Robert Culver

Culver, 43, is a metal worker at Tennison Bros. He said he’s neutral on the ballot initiative.

“Whatever voters decide I would stand behind,” he said. “The fine they’re proposing is a little too low. We don’t even get traffic fines for that low.”

Culver said he does not have a problem with decriminalizing marijuana, but the city and state are not ready for outright legalization.

Sean Hatfield

Hatfield, 32, is an attorney for Maughan Law Group who strongly opposes the marijuana ballot issue. As a court-appointed advocate for children, he says he’s seen the effects of marijuana use.

“It is absolutely the wrong direction and message to send to people we’re trying to draw in, to businesses and young professional who might want to pick Wichita as the place to raise family and grow business,” Hatfield said.

“It’s also going to run into serious issues and it arguably violates the Kansas constitution... It’s not worth the trouble it creates for the city.”

Dan Heflin

Heflin, 51, is a product engineer and owner of Nu-Ans Design and NoMar Self Storage. He supports the ballot initiative.

“I don’t think somebody should have their life destroyed, going to prison for an indiscretion or a bad choice,” he said, particularly first-time offenders. “Marijuana is no more dangerous than alcohol.”

However, decriminalization and legalization bring up questions like indoor smoking did, like where one person’s rights stop and another’s begin in sharing the air, he said.

Frances Jackson

Jackson, 75, is the semi-retired executive director of Youth Development Services Inc. She said she’s willing to follow the public’s lead on the ballot issue.

At this point, she said she’s not sure how she would vote on it because it doesn’t have an educational component.

“I’m glad they’re putting it on the ballot. It gives people a chance to voice individual opinion,” she said.

Jeff Longwell

Longwell, 55, is the owner of Ad Astra Printing and the District 5 City Council member for the past eight years.

He was one of the six City Council members who decided in January to put the issue on the ballot after being presented thousands of signatures in support.

He said he’s comfortable with letting voters decide the ballot issue.

“Personally, I don’t use marijuana and never have used marijuana and prefer to hear what the public has to say on that issue. I don’t know if that’s the opportunity for local government to guide on policy issues, but I’m certainly open to dialogue on certain aspects, whether medical or not.”

State law would likely have to change for the proposal to go into effect, Longwell said.

Tony Rosales

Rosales, 38, is co-owner and operator of Twin Peaks restaurant in east Wichita. He supports the ballot issue, even if the state challenges it.

“I think it will help our issues that we have in the prison system,” Rosales said. He thinks the fine could have been reduced to maybe $200 instead of $50.

Medical marijuana is a great thing, he said. But he’s not sure how he feels about legalization and would like to see more research on the impact that has had on Colorado.

“It could be great for taxes, but I want to know what else has made it better or worse,” he said. “I’m not opposed to it by any means.”

Tracy Stewart

Stewart, 38, is a banker at Bankers’ Bank of Kansas. He said he supports the ballot initiative and would support medical and recreational decriminalization on a state level.

“My position on that would be that our limited law enforcement resources should have higher priorities than victimless crimes, and penalties should focus more on crimes where someone is actually being harmed,” he said.

Lavonta Williams

Williams, 65, is a retired educator and District 1 City Council member for the past seven years.

She was one of the six City Council members who decided in January to put the issue on the ballot after being presented thousands of signatures in support.

“First of all, marijuana is a drug that is against the law and (the City Council is) not saying to legalize it, but I do agree with the proposal going onto the April 7 ballot and letting the citizens of Wichita decide as opposed to 7 people,” Williams said in response to a question about marijuana in The Eagle’s voter guide.

“I agree because of the cost savings to the system. Marijuana users caught with the smaller amount would no longer face jail time or arrest but would be fined.”

Sam Williams

Williams, 63, is a retired executive from Sullivan, Higdon & Sink, the state’s largest marketing firm. He does not support the ballot initiative and said that if he had been on council, he would not have voted to put it on the ballot.

“It’s a state issue (and we’re) using city funds to fight that battle when those funds could be used to do things in the city that we need to do,” he said.

If elected, however, Williams said that he would support discussions with the state about addressing decriminalization and the penalties for marijuana possession.

“We do need to address how we treat people for things they did and I’m willing to have conversations at the proper state level about sentencing laws,” he said. “I think that’s where I can have influence as mayor.

Jennifer Winn

Winn, 44, is owner of Landscapes Inc. and ran against Gov. Sam Brownback in the Republican primary last fall.

She said she completely supports the local marijuana ballot initiative, supports growing hemp and sees value in medical marijuana.

Mass incarceration is a huge issue in the U.S., Winn said.

“The propaganda has far too long ruined lives,” she said in response to a question on marijuana in The Eagle’s voter guide. “It’s time for the truth.”

This story was originally published February 26, 2015 at 7:27 PM with the headline "With marijuana issue on ballot, mayoral candidates weigh in."