Pubdate: Tue, 05 Apr 2005
Source: Billings Gazette, The (MT)
Copyright: 2005 The Billings Gazette
Contact:  http://www.billingsgazette.com/
Details: http://www.mapinc.org/media/515
Author: Bob Anez, Associated Press
Cited: Marijuana Policy Project ( www.mpp.org )
Cited: Initiative 148 ( www.montanacares.org/ )
Cited: Office of National Drug Control Policy (
www.whitehousedrugpolicy.gov )
Bookmark: http://www.mapinc.org/props.htm (Ballot Initiatives)
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Bookmark: http://www.mapinc.org/walters.htm (Walters, John)

NATIONAL DRUG OFFICE CLAIMS IMMUNITY IN CAMPAIGN FINANCE CASE

HELENA -- The national drug czar's office has claimed immunity from a
complaint asserting the agency and one of its officials violated
Montana's campaign finance laws last year.

The Marijuana Policy Project claimed the czar's office should have
reported how much it spent to fight a Montana ballot measure
legalizing marijuana for medical use.

In a letter to state Political Practices Commissioner Gordon Higgins,
a lawyer for the White House Office of National Drug Control Policy
said the deputy director's visit to Montana last year and his comments
against the initiative were part of his official duties, and he does
not have to obey state campaign laws.

"As a result, Deputy Director (Scott) Burns and the Office of National
Drug Control Policy respectfully decline to respond to the complaint
.," wrote Edward Jurith, general counsel for the agency.

Higgins could not be reached for comment Monday.

The complaint was filed with Higgins' office in late February by the
Marijuana Policy Project, the national organization that successfully
promoted Initiative 148. It passed with 62 percent of the vote.

The group said that Burns and his federal office failed to comply with
campaign finance laws by not reporting what was spent on Burns' visit
to Montana last October when he voiced opposition to the measure.

Steve Fox, spokesman for the national marijuana group, chastised the
federal agency's response.

"The drug czar's office has moved from ignoring the law to actively
defying it," he said. "Claims that Burns was just doing his job by
speaking out about the dangers of marijuana are absurd and insulting.
He campaigned against I-148 overtly and energetically, most likely
spending many thousands of dollars of the taxpayers' money in the process."

The organization filed similar complaints in Montana, Alaska and
Oregon at the same time.

Higgins wrote to Burns in March, asking for information about his
official responsibilities that would be the basis for any claim of
immunity. He said the response would help determine whether he has
jurisdiction over the alleged violations in the complaint.

Jurith said Burns is not subject to Montana's election laws because he
was a "federal official acting within the scope of duties, including
speaking about the dangers of illegal drugs, delegated to him and the
Office of National Drug Control Policy by the president and Congress."

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 adults.

Nevada officials later decided against taking action, raising the same
objections contained in Jurith's letter to Higgins.
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MAP posted-by: Larry Seguin