Pubdate: Fri, 19 Jun 2015
Source: Wichita Eagle (KS)
Copyright: 2015 The Wichita Eagle
Contact: http://www.kansas.com/604
Website: http://www.kansas.com/
Details: http://www.mapinc.org/media/680
Author: Rhonda Holman

POT LAWS NEED TO CHANGE

Though it's a long way from playing out in the courts, the criminal 
case against Shona Banda is helping make the wider case for change in 
Kansas' marijuana laws.

At least as the public knows the facts so far, what's happening to 
the ailing Garden City mother defies reason and dramatically serves 
the cause of those advocating that medical use of marijuana be 
decriminalized and penalties for nonviolent drug offenses be relaxed.

Banda has used cannabis oil to treat her Crohn's disease - something 
she wrote about in a book and her 11-year-old son mentioned at school 
during an anti-drug program in March. Her son's statement prompted 
investigations by the Department for Children and Families and the 
Garden City Police Department, as well as a police search of their 
home and placement of the boy in protective custody.

In the wake of a June 5 arrest warrant, Banda turned herself in to 
authorities on Monday and appeared in court Tuesday. She faces three 
felony and two misdemeanor charges for marijuana use. If convicted, 
her attorney says, Banda could spend a maximum of 30 years in prison.

Authorities had to consider both current state drug laws and the 
safety of the boy. An April law enforcement release mentioned that 
"the items taken from the residence were within easy reach of the 
child." That concern should not discounted.

But many people in and outside of Kansas see Banda as someone in need 
of compassion, not a jail cell. Her case has inspired more than 
143,000 people to sign an online petition calling on DCF and the 
Finney County district attorney to "keep this family together," and 
led to online donations of more than $45,000 for her legal defense.

The medicinal benefits of marijuana are increasingly understood and 
accepted. People across a wide political span are coming to a shared 
belief that there are better uses for scarce public resources than to 
prosecute and imprison those who use pot, whether it's to ease or 
relieve suffering or for recreation.

Not only do opinion polls show this in Kansas, but voters of Wichita 
decided in April to approve an ordinance making first-time possession 
of an ounce or less of marijuana a criminal infraction with a $50 
fine for those 21 and older. Even the conservative Kansas House voted 
81-36 last month to lower penalties for first and second possessions 
of marijuana, as well as allow limited production and sale of hemp 
oil to treat seizures.

The Wichita ordinance is on hold amid a challenge from the Kansas 
attorney general, and the House bill died in the Senate this session. 
But they stand as more evidence, along with the public outcry over 
Banda's case, that Kansans' views of marijuana are changing and that 
laws will need to change as well.

For the editorial board, Rhonda Holman
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MAP posted-by: Jay Bergstrom