The report goes on to say
The case has been closely watched by activists in other Kansas communities who are considering similar voter-led initiatives if state lawmakers continue to block reform of marijuana laws. Kansas Attorney General Derek Schmidt had asked the Supreme Court to strike down the ordinance in the state’s largest city, saying it conflicts with state law.
Schmidt’s office warned the city before the April election that the ordinance was in conflict with state law and that it couldn’t be enforced. The state filed a lawsuit soon after 54 percent of Wichita voters approved the measure anyway.
In its decision Friday, the state Supreme Court said the ordinance wasn’t enacted according to state law. The court said that when the petition was filed with the city clerk’s office, it didn’t also include a copy of the proposed ordinance. The Supreme Court also said its ruling “effectively disposes of the case,” and it therefore didn’t need to rule on the state’s other arguments against the ordinance.
The City of Wichita released a statement saying it respected the court’s decision and that the ruling “provides clarity for all cities receiving such petitions.” The city also said there’s no action for the city to take, given that the Supreme Court had put the ordinance on hold while it considered the case.
Schmidt’s office said in an emailed statement the court decision’s “narrow scope” doesn’t address whether state law would have invalidated a properly enacted ordinance. Schmidt said he wants lawmakers to review the matter and decide if the Legislature needs to make “crystal clear” its intent to have “these law enforcement standards, policies and procedures uniform throughout the state.”
“Whatever one’s views on the merits of current state policy related to marijuana, I think most Kansans agree it makes little sense for the basic rules for enforcing the criminal law to differ from city to city,” Schmidt said.