photo by: Nick Krug

TOPEKA — A bill lowering penalties for first- and second-time marijuana possession is on its way to Gov. Sam Brownback.

House Bill 2462 passed the House by a vote of 96-23 Friday, sending it to the governor. The Senate approved the bill earlier in the day, 38-0.

The original purpose of the bill was to reduce the state’s prison population by reclassifying first-time possession as a class B misdemeanor, which generally involves a fine of up to $1,000 but can also include up to six months in a county jail.

A second conviction would be reduced from a low-level felony to a class A misdemeanor, punishable by a $2,500 fine or one year in a county jail, or both. Third and subsequent offenses would qualify as a level 5 felony, with presumptive prison sentences ranging from 62 to 170 months, depending on the defendant’s criminal history.

In the Senate, however, the original House bill was changed to add increased penalties for certain types of home burglaries, including presumptive imprisonment for defendants who have previous felony convictions.

The Senate also stripped out two other provisions the House had approved: legalizing use of hemp oil for treating seizure disorders, and authorizing research into industrial uses of hemp.

According to the Department of Corrections, the net effect of the bill would be an estimated reduction of 32 adult bed spaces in the state prison system in the next fiscal year.