WICHITA, Kan. (AP) — Wichita is asking the state’s highest court to let the Sedgwick County District Court decide first whether a voter-approved ordinance lessening criminal penalties for marijuana possession is legal.

Wichita agreed in a filing Wednesday that enactment of the ordinance should be put on hold until the courts rule. But it contends the petition filed by Kansas Attorney General Derek Schmidt at the Kansas Supreme Court should be dismissed or transferred to the district court.

The city argues the decision should be made in its separate lower court case where the initiative circulators are parties.

The ordinance imposes up to a $50 fine for first-time possession of a small amount of pot. State law deems it a misdemeanor punishable by up to a year in jail and a $2,500 fine.