Difficult budget issues and a shortage of prison bed space have led to a movement in the Kansas House to try steering drug offenders toward community treatment instead of prison time.

One measure approved by a House committee would make possession of a small amount of marijuana a felony after a third offense, instead of the second. Under current state law a second conviction for marijuana possession can carry with a prison term of up to 42 months.

But Geary County Attorney Steve Opat has another viewpoint. He noted that he understood the economics of this issue. “But to find excuses to expand the guidelines to cover things that were never intended in the first place is really unacceptable. ” The county attorney added. ” Nobody goes to prison for felony possession of marijuana. If they go to prison for felony possession of marijuana or other drugs it’s because they’ve continually violated their probation.”

Opat said that’s the only way people who have committed low-level drug offenses ever see the door of any jail or any prison, He also pointed out there has already been an increasing emphasis on treating offenders in the community.   “And that’s been going on for years.

The County Attorney noted every time there’s a prison crunch more ways are sought to keep judges from sending people to prison.