Marijuana Policy Project

CARSON CITY—A marijuana advocacy group has asked the state Supreme Court to order Secretary of State Dean Heller to require a federal official to provide expense information spent lobbying against a state pot initiative.

The Washington, D.C.,-based Marijuana Policy Project said Heller is not requiring U.S. Drug Czar John Walters to file expense reports on his anti-marijuana efforts because of an erroneous opinion from the attorney general's office.

The group sought campaign reporting from Walters in connection with a 2002 marijuana legalization effort in Nevada that failed at the ballot box.

In January 2003, an attorney for Walters said he is immune from Nevada election laws "as a federal official acting within the scope of duties, including speaking out about the dangers of illegal drugs."

Heller then sought an opinion from the attorney general, who essentially came to the same conclusion.

The marijuana group has filed a new initiative petition this year seeking voter approval to legalize possession of up to 1 ounce of the drug. The signature gathering process is now under way.

As a result, Walters visited Las Vegas in March to oppose the initiative. He called it "foolhardy."

On April 22, the marijuana group sought a writ compelling Heller to require Walters to follow Nevada election law requiring advocacy groups to report donations and expenditures.

Heller has not yet responded. There is no timeline on when the state court will act on the petition.

Rene Parker, chief deputy secretary of state, said Thursday the office is not changing its position as a result of the group seeking the writ.

"We're following the attorney general's advice and they are not changing at this point," she said.