Sedgwick County commissioners heard from District Attorney Marc Bennett, Sheriff Jeff Easter and others Wednesday about the impact of a Wichita City Council decision to stop prosecuting marijuana cases in Municipal Court.

The City Council voted Tuesday to no longer prosecute cases for fentanyl test strips and marijuana possession in Municipal Court.   Possession of the test strips and marijuana are still illegal under state law, so cases would move to district court.

Bennett said the city’s decision could move around 1,200 cases to district court, but the reality is “I do not have the resources to pull away from other obligations to this community to simply become the ‘weed czar’ of Sedgwick County.”    Bennett says he won’t turn a blind eye to the situation and his office will look at each case.  He said he is concerned about double jeopardy from someone who may be facing more serious charges, and a person can’t be prosecuted in city and county court from the same arrest.   Bennett said he plans to meet with city prosecutors to determine how to handle cases that come up.     The city has had 750 to 850 marijuana cases each year in Municipal Court, and Bennett said he expected to take some portion of those cases, but he can’t say how many will end up being prosecuted by his office.

Bennett said the City Council decision would have a significant financial impact on the county.   Commissioners asked the county’s chief financial officer, Lindsay Poe-Rousseau, about the impact and Commission Chairman David Dennis suggested that a resolution may have to be created to adjust the county’s billing to the City of Wichita for the costs of marijuana cases.

Commissioner Jim Howell feels the City Council’s decision was rushed through and the action puts the county in an awkward position.  He said the decision is creating a false sense of security that it is safe to have marijuana, and there are still enormous legal consequences for people who are stopped by police officers.   There have been no prosecutions in the city or county for possession of fentanyl test strips, but Howell wondered where people would go to get the test strips since they are illegal under Kansas law.

Commissioners plan more discussions on the issue next week.  The Wichita City Council still has to have a second reading of the changes in the local ordinance to finalize the changes that were made Tuesday.