What is the law on Marijuana Possession in Mission Municipal Court?
The City of Mission Kansas is governed by City Ordinances. City Ordinances are just another way of saying city laws. The City ordinances are written and voted on by the city council, if they pass through the legislative process then they become city ordinances. The problem with city ordinances is there is a lot of them, they cover all aspects of life within the city limits of Mission. That creates a general problem because the city council only meets a few times a month and doesn't have the time and resources to author and pass an entire city code one-by-one. To solve this problem the city of Mission, like most cities, adopted a a prewritten set of ordinances to cover nearly all conduct that the city wishes to criminalize. Here is the City Ordinance that adopted the "Uniform Public Offense Code"
"Section 215:010 Incorporation of the Uniform Public Offense Code
A. There is hereby incorporated by reference for the purpose of regulating public offenses within the corporate limits of the City of Mission, Kansas, that a certain code known as the "Uniform Public Offense Code," 2023 Edition, prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas, save and except such Articles, Sections, parts or portions as are hereby omitted, deleted, modified or changed."
After the city adopted the Uniform Public Offense Code, this became the law in the city of Mission prohibiting Marijuana Possession within the city limits. All cases involving alleged violations of this ordinance are heard in the Mission Municipal Court.
Sec. 9.9.1. Unlawful Possession of Marijuana and Tetrahydrocannabinols
(a) Except as authorized by the Uniform Controlled Substance Act, K.S.A. 65-4101 et seq., and amendments thereto, it shall be unlawful for any person to possess or have under such person’s control marijuana, as designated in K.S.A. 65-4105(d), and amendments thereto, or tetrahydrocannabinols, as designated in K.S.A. 65- 4105(h), and amendments thereto.
(b) Penalty. Violations of subsection
(a) is a Class B violation for a first offense and a class A violation if the person has a prior conviction under K.S.A. 65- 4162, prior to its repeal, under substantially similar offense from another jurisdiction, or under any city ordinance or county resolution for a substantially similar offense.
(c) It shall be an affirmative defense to prosecution under this section arising out of a person’s possession of any cannabidiol treatment preparation if the person:
Has a debilitating medical condition, as defined in section 1, and amendments thereto, or is the parent or guardian of a minor child who has such debilitating medical condition;
Is possessing a cannabidiol treatment preparation, as defined in section 1, and amendments thereto, that is being used to treat such debilitating medical condition; and
Has possession of a letter, at all times while the person has possession of the cannabidiol treatment preparation, that:
(A) Shall be shown to a law enforcement officer on such officer’s request;
(B) Is dated within the preceding 15 months and signed by the physician licensed to practice medicine and surgery in Kansas who diagnosed the debilitating medical condition;
(C) Is on such physician’s letterhead; and
(D) Identifies the person or the person’s minor child as such physician’s patient and identifies the patient’s debilitating medical condition. (K.S.A. 21-5706)
{Editor’s Note: If an individual has two or more prior convictions for violations of section 9.9.1, or for a substantially similar offense under Kansas law or other jurisdiction, violations are considered a felony under state law over which municipal courts have no jurisdiction, as such, violations should be referred to the appropriate prosecuting authority. they cannot be prosecuted in municipal court}.
Possible Punishment
*Class B Violations are punishable by up to 180 days in the Johnson County Jail, however, most Class B Violations are eligible for probation
*Class A Violations are punishable by up to 365 days in the Johnson County Jail, however, most Class A Violations are eligible for probation