Pubdate: Wed, 29 Jan 2003
Source: Las Vegas Sun (NV)
Copyright: 2003 Las Vegas Sun, Inc
Contact:  http://www.lasvegassun.com/
Details: http://www.mapinc.org/media/234
Author: Cy Ryan, Sun Capital Bureau
Cited: Marijuana Policy Project ( www.mpp.org )
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)
Bookmark: http://www.mapinc.org/findUKP162 (Nevadans for Responsible Law 
Enforcement)
Bookmark: http://www.mapinc.org/props.htm (Ballot Initiatives)
Bookmark: http://www.mapinc.org/findUKP163 (Question 9 (NV))
Bookmark: http://www.mapinc.org/walters.htm (Walters, John)
Bookmark: http://www.mapinc.org/campaign.htm (ONDCP Media Campaign)

DRUG CZAR SPURNS COMPLAINT FROM MARIJUANA GROUP

CARSON CITY -- Federal drug czar John Walters is claiming immunity from the 
Nevada law that otherwise would have required him to file a campaign 
expense report for his efforts to defeat the Nevada marijuana initiative in 
the last election.

Walters, through his general counsel, Edward Jurith, notified Secretary of 
State Dean Heller Tuesday that he is refusing to respond to a complaint 
filed by the Marijuana Policy Project. The organization is alleging that 
Walters violated Nevada law.

The complaint against Walters, the director of the White House Office of 
National Drug Control Policy, was filed Dec. 10 by the Marijuana Policy 
Project. It said Walters authorized and approved a series of anti-marijuana 
commercials that aired on television during the closing months of the 
campaign. Robert Kampia, executive director of the marijuana group, said 
those commercials were designed to defeat the ballot petition.

He said any money spent to air the commercials should be considered a 
campaign expense. Kampia said in his complaint filed with the secretary of 
state's office that the activities of Walters in Nevada "signal a dangerous 
new tack by the federal government to subvert state campaign finance laws."

Heller said he is going to ask Nevada Attorney General Brian Sandoval for 
his opinion as to whether Walters should have filed a campaign finance 
report. Heller said that Jurith failed to cite any laws that show the drug 
czar is exempt from complying with the law.

The ballot question that called for the legalization of up to 3 ounces of 
marijuana was rejected by voters in November. Walters traveled to Nevada in 
October to speak against the proposed constitutional amendment. He made 
numerous television appearances in Las Vegas and Reno to oppose the amendment.

Jurith, Walters' lawyer, told Heller that "as a federal official acting 
within the scope of duties, including speaking out about the dangers of 
illegal drugs, Director Walters is immune from enforcement of Nevada's 
election law. As a result, Director Walters and the Office of National Drug 
Control Policy respectfully decline to respond to the complaint."

But Walters was not just speaking out about the dangers of drugs when he 
was in Nevada, Bruce Mirken, communications director for the Washington 
D.C.-based marijuana organization, said.

"He was campaigning against Question 9 specifically and energetically," 
Mirken said. He said Walters was quoted in newspapers as coming to Nevada 
to "challenge" the initiative petition.

Walters has "moved from ignoring the law to actively defying it," Mirken 
alleged.

Citing a U.S. Supreme Court ruling that says a state law cannot intrude or 
interfere with the activities of the federal government, Mirken said, "It's 
a helluva stretch that reporting what he spent in the campaign against the 
amendment would interfere with his activities."

Mirken and Kampia's organization filed its own reports indicating that more 
than $1.3 million was spent on their campaign, most of it coming from the 
national policy project. It ended up with a surplus of $1,613.
- ---
MAP posted-by: Beth