Pubdate: Fri, 25 Feb 2005
Source: Helena Independent Record (MT)
Copyright: 2005 Helena Independent Record
Contact:  http://helenair.com/
Details: http://www.mapinc.org/media/1187
Author: Bob Anez, Associated Press Writer
Cited: Marijuana Policy Project ( www.mpp.org )
Cited: Office of National Drug Control Policy (www.whitehousedrugpolicy.gov )
Cited: Initiative 148 ( www.montanacares.org/ )
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Bookmark: http://www.mapinc.org/walters.htm (Walters, John)

MARIJUANA GROUP CLAIMS FEDS BROKE MONTANA CAMPAIGN LAW

HELENA -- A national organization that successfully promoted a 2004 ballot 
measure legalizing marijuana for medical purposes claims the national drug 
czar's office violated Montana law by not filing reports on what it spent 
to fight the initiative.

In a complaint filed with the state political practices commissioner 
Wednesday, the Marijuana Policy Project said the White House Office of 
National Drug Control Policy and Scott Burns, deputy director, failed to 
report spending related to a visit Burns made to Montana last fall to voice 
opposition to Initiative 148.

The organization said it filed similar complaints in Oregon and Alaska this 
week.

"Montana law requires those who campaign for or against an initiative to 
disclose their expenditures," said Steve Fox, director of government 
relations for the marijuana group.

The federal agency "publicly and actively campaigned against I-148, but 
failed to make the legally required campaign finance disclosures," he said. 
"For an administration that trumpets its efforts to advance democracy 
around the world to defy the most basic legal requirements of fair and 
honest campaigning is shocking."

Jennifer Devallance, press secretary for the drug czar's office, declined 
Thursday to comment on the legal issues raised in the complaint. But she 
said Fox's organization wants to use it "as a chilling effect to prevent 
people from speaking out against the dangers of marijuana."

The same complaint was filed in Nevada two years ago against John Walters, 
then the director of the office, after he campaigned in that state against 
a ballot measure to legalize the possession of small amounts of marijuana 
by any adult.

Nevada officials decided a few months later not to take action against 
Walters because he was carrying out the duties of his office, which include 
combatting marijuana legalization efforts. They cited an 1890 U.S. Supreme 
Court decision that federal officials are immune from state action when 
exercising the functions of their offices.

Burns came to Montana last October to discuss efforts to reduce the supply 
and demand of illegal drugs with local law enforcement, treatment center 
officials and others. But his three-city visit included criticism of I-148, 
which passed in the general election with 62 percent of the vote.

Fox said Montana's campaign finance laws require any groups or 
organizations actively opposing or supporting ballot measures to report how 
much they spent to do so. He said federal law allows states to require 
federal officials to comply with state laws so long as it does not prevent 
them from following federal law.
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MAP posted-by: Jay Bergstrom