Pubdate: Fri, 15 Jul 2005
Source: Helena Independent Record (MT)
Copyright: 2005 Helena Independent Record
Contact:  http://helenair.com/
Details: http://www.mapinc.org/media/1187
Author: Jennifer McKee, IR State Bureau
Cited: Marijuana Policy Project ( www.mpp.org )
Cited: Office of National Drug Control Policy (www.whitehousedrugpolicy.gov )
Cited: Initiative 148 ( www.montanacares.org/ )
Cited: Gonzales v. Raich ( www.angeljustice.org/ )
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Bookmark: http://www.mapinc.org/props.htm (Ballot Initiatives)

MEDICAL POT GROUP DEMANDS DISCLOSURE

Marijuana Policy Project Wants Cost of Drug Czar's Trip Made
Public

HELENA -- The group behind Montana's medical marijuana law wants the
state to investigate why a commander of the nation's war on drugs
didn't disclose the cost of his tax-funded Montana trip last year when
he campaigned against the ballot measure.

The Washington, D.C.-based Marijuana Policy Project filed a complaint
in Helena District Court Thursday. The suit asked District Judge
Jeffrey Sherlock to force the state's commissioner of political
practices to investigate why Scott Burns, deputy director of the White
House Office of National Drug Control Policy, didn't make public the
cost of his trip to Montana last October.

Burns visited several cities in the state speaking out against
Initiative 148, which passed by a 62 percent to 38 percent margin and
legalized the use of medical marijuana in the state.

A recent U.S. Supreme Court decision invalidated all state medical
marijuana laws. However, Montana Attorney General Mike McGrath has
said state and local law enforcement will continue to uphold Montana's
citizen-passed law. That means Montanans who have permission from
their doctors to use marijuana will not be prosecuted by local
authorities, but could face federal prosecution.

The Marijuana Policy Project supported I-148 and filed required
disclosures with the commissioner's office detailing how much money
the group spent promoting I-148.

Steve Fox, director of the government relations for the group, said
Burns was certainly campaigning against the measure in October when he
traveled to Montana, but Burns never disclosed how much tax money he
spent trying to defeat the measure.

"The campaign finance laws are there so the people of the state
understand how much money is being spent," Fox said.

Fox said it's part of Burns' job description to oppose any effort to
legalize marijuana, so it's not disputed that Burns was in the state
only weeks before the election to campaign against I-148.

The group filed a complaint in February with Gordon Higgins,
commissioner of political practices, alleging the Office of National
Drug Control and Policy was operating as a de facto political action
committee in the campaign and should be required to file records
showing how much money it spent sending Burns to Montana.

Higgins responded in May with a letter saying Burns was immune from
Montana campaign finance laws because he was a federal official doing
his job. The letter agreed with a legal opinion from the White House
drug office which Higgins' requested.

Higgins said he could not publicly comment on the complaint.

Fox countered that saying federal officials are immune from state laws
is like saying the mailman doesn't have to follow Montana traffic laws
when he delivers the mail.

"We're not trying to say the drug czar can't campaign," Fox said.
"It's merely a fact that if a federal official chooses to come to the
state, they should respect the state's regulations."

Fox maintains that Higgins didn't adequately investigate whether
Burns' needed to file campaign finance disclosures because he dropped
the matter once he concluded Burns was exempt from state campaign laws.

The complaint asks the judge to force Higgins to fully investigate
whether Burns was actually campaigning. If so, Fox said, the
commissioner would have little choice but to force Burns to file
disclosure documents.

The suit also asks the White House drug office to pay the group's
attorney's fees.
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MAP posted-by: Richard Lake