The Nevada Supreme Court Wednesday sidestepped an attempt to force the federal anti-drug director to comply with state campaign-reporting laws.
The Marijuana Policy Project wants John Walters, director of the Office of National Drug Control Policy, to report his expenses in coming to Nevada to oppose the 2002 ballot question which would have legalized possession and use of small amounts of marijuana.
Secretary of State Dean Heller said he could not do that, citing a Nevada Attorney General's opinion which agreed with federal attorneys that Walters was immune from the state law.
Jonathan Lawhead of the Marijuana Policy Project then filed a petition directing Heller to enforce Nevada's campaign-reporting law.
The petition argued Walters came to Nevada for the express purpose of opposing the ballot question and should not be exempt from state laws requiring advocates on either side of a political issue to report contributions and expenses.
It argued he spent two days in Nevada, escorted by security and drove from TV station to TV station for interviews, "on each of which he denounced the initiative and repeatedly called marijuana a dangerous drug."
The petition says the issue is still important because a similar initiative is again trying to qualify for the November ballot. Walters has already appeared in Las Vegas to oppose it.
Federal lawyers argue Walters was appearing in his capacity as head of the federal anti-drug efforts so isn't bound by state campaign-reporting laws. The Attorney General's office agreed.
But the high court didn't resolve those arguments. Instead, all seven justices signed an order saying, "we are not satisfied that this court's intervention by way of extraordinary relief is warranted."
They then denied the petition.
