Marijuana Policy Project

CARSON CITY, Nev. - The Nevada Supreme Court has told Secretary of State Dean Heller to explain why he didn't move against federal drug czar John Walters for failing to file expense reports when campaigning against a 2002 marijuana legalization initiative.

The high court's order was sought by the Marijuana Policy Project after Heller, represented by the state attorney general, said Walters didn't have to submit a report when he campaigned in Nevada against the initiative.

The Supreme Court directed Heller to file a response by early June justifying his decision to not investigate or penalize Walters.

"We're pleased, and we look forward to the issue getting the thorough and fair review we felt all along that it deserves," Marijuana Policy Project spokesman Bruce Mirken said Friday.

The Washington, D.C.-based group argued in court documents filed April 22 that Walters should file the reports. Walters already has campaigned in Nevada this year against a new marijuana initiative.

The Marijuana Policy Project complained to Heller's office in 2002 about Walters' conduct during that election season, saying he traveled to Nevada "with security detail in tow" to challenge the ballot issue.

The group had asked Heller to require Walters to file a campaign report or be subject to a fine of up to $5,000. But a federal lawyer for Walters argued the director of the White House Office of National Drug Control Policy was exempt from Nevada law.

The attorney general's office followed up with an opinion that Walters didn't have to file campaign expense and contribution reports because he was acting within the scope of his federal duties when he opposed the 2002 plan aimed at legalizing possession of up to 3 ounces of marijuana.

The policy project has since formed a new group called the Committee to Regulate and Control Marijuana, which is pushing an initiative petition to legalize possession of up to 1 ounce of marijuana by adults in Nevada.

The latest plan would increase penalties for providing marijuana to minors or for causing a fatal accident while driving under the influence of the substance. Sale of marijuana would be taxed, and revenue would be earmarked for drug and alcohol treatment and education programs.

© 2004 Las Vegas Sun, Inc

Newshawked-by: Kirk

Posted-by: Larry Seguin