Marijuana Policy Project

Nevada Attorney General Condemns Drug Czar's "Excessive" and "Disturbing" Interference in State's Marijuana Vote

CARSON CITY, NEVADA -- In an opinion sent Wednesday to the Nevada Secretary of State's office, Nevada Attorney General Brian Sandoval sharply rebuked federal Drug Czar John Walters for "excessive" and "disturbing" interference in the state's vote on the Marijuana Policy Project's Nevada marijuana initiative, while at the same time declaring that a court would "likely" find that Walters was immune from state campaign finance laws.

     Walters campaigned energetically against the initiative, which would have replaced marijuana prohibition with a system of regulation for adults, but did not file campaign contribution or expenditure reports. After MPP complained, Nevada Secretary of State Dean Heller wrote to Walters, director of the White House Office of National Drug Control Policy, noting that Nevada law requires "the reporting of contributions and expenses for every person or group of persons organized formally or informally who advocates the passage or defeat of a question or group of questions on the ballot at any election." Walters claimed immunity as a federal official.

     In his opinion, dated April 21, Sandoval wrote, "It is unfortunate that a representative of the federal government substantially intervened in a matter that was clearly a State of Nevada issue. The excessive federal intervention that was exhibited in this instance is particularly disturbing because it sought to influence the outcome of a Nevada election." Nevertheless, citing an 1890 case called In re Neagle, Sandoval concluded that a court would "likely" find Walters to be immune from state campaign finance laws.

     "The Attorney General's opinion was not based on controlling precedent," commented MPP Director of Government Relations Steve Fox. "While the Attorney General cited an 1890 U.S. Supreme Court decision about a crime committed by a federal employee, a Supreme Court case 81 years later laid out the law with respect to state regulation of federal employees. The court held these regulations to be valid if they did not `frustrate the full effectiveness of federal law.' Requiring the drug czar to file campaign finance forms does not frustrate his purpose; he is free to campaign to his heart's content. Asking the drug czar to file campaign finance reports after campaigning in the state is no different than requiring U.S. Postal Service employees to obey state and local traffic laws while delivering mail.

     "While Secretary of State Heller asked for this opinion from the attorney general, he is not bound to follow its erroneous legal conclusion," Fox said. "We trust he will act to enforce Nevada law."

     With 12,000 members nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. MPP works to minimize the harm associated with marijuana -- both the consumption of marijuana and the laws that are intended to prohibit such use. MPP believes that the greatest harm associated with marijuana is imprisonment. To this end, MPP focuses on removing criminal penalties for marijuana use, with a particular emphasis on making marijuana medically available to seriously ill people who have the approval of their doctors.

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