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The state Supreme Court ruled Wednesday against efforts by the Marijuana Policy Project to have federal drug czar John Walters investigated for not filing expense reports when campaigning in Nevada against a 2002 marijuana legalization plan.
The high court issued a 1-paragraph order saying its intervention isn't warranted.
The Marijuana Policy Project sought an order requiring Secretary of State Dean Heller to investigate Walters, adding that he could be subject to a fine up to $5,000 if he violated campaign laws.
But Heller's office maintained that Walters didn't have to submit a report when he campaigned in Nevada, and a federal lawyer for Walters argued the director of the White House Office of National Drug Control Policy was exempt from Nevada law.
The state attorney general's office issued an opinion stating 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.
The new proposal appeared to have failed to get enough signatures to qualify for the November ballot, but a federal judge on Friday found that two Nevada petition requirements that left the measure short of signatures were unconstitutional.
However, U.S District Judge James Mahan refused to order Nevada Secretary of State Dean Heller to put the marijuana measure on the Nov. 2 ballot.
Instead, Mahan said verification of the 66,000 names submitted on petitions statewide would determine if supporters reached the required 51,337 valid signatures. Election officials have until Aug. 31 to verify signatures.
Nevada voters have approved the use of marijuana for medical reasons, but in 2002 overwhelmingly rejected the measure to legalize up to 3 ounces of marijuana.
Because the new, 1-ounce measure would amend the Nevada Constitution, voters would have to approve it in November and again in 2006 before it could take effect.
SFGate.com
BRENDAN RILEY
Wednesday, August 18, 2004
©2004 Associated Press
https://www.sfgate.com/cgi-bin/article.cgi?f=/news/archive/2004/08/18/politics2016EDT0208.DTL
The high court issued a 1-paragraph order saying its intervention isn't warranted.
The Marijuana Policy Project sought an order requiring Secretary of State Dean Heller to investigate Walters, adding that he could be subject to a fine up to $5,000 if he violated campaign laws.
But Heller's office maintained that Walters didn't have to submit a report when he campaigned in Nevada, and a federal lawyer for Walters argued the director of the White House Office of National Drug Control Policy was exempt from Nevada law.
The state attorney general's office issued an opinion stating 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.
The new proposal appeared to have failed to get enough signatures to qualify for the November ballot, but a federal judge on Friday found that two Nevada petition requirements that left the measure short of signatures were unconstitutional.
However, U.S District Judge James Mahan refused to order Nevada Secretary of State Dean Heller to put the marijuana measure on the Nov. 2 ballot.
Instead, Mahan said verification of the 66,000 names submitted on petitions statewide would determine if supporters reached the required 51,337 valid signatures. Election officials have until Aug. 31 to verify signatures.
Nevada voters have approved the use of marijuana for medical reasons, but in 2002 overwhelmingly rejected the measure to legalize up to 3 ounces of marijuana.
Because the new, 1-ounce measure would amend the Nevada Constitution, voters would have to approve it in November and again in 2006 before it could take effect.
SFGate.com
BRENDAN RILEY
Wednesday, August 18, 2004
©2004 Associated Press
https://www.sfgate.com/cgi-bin/article.cgi?f=/news/archive/2004/08/18/politics2016EDT0208.DTL
