Monday, April 6, 1998 | 8:37 a.m.
LAS VEGAS - The $5,000 limit on campaign contributions doesn't apply to a group wanting to legalize marijuana for medical purposes because they have only indicated they will spend their own money, an assistant attorney general argued Monday in federal court.
Americans for Medical Rights challenged the campaign contribution limits in a federal lawsuit against Secretary of State Dean Heller. The group is seeking a temporary order, followed by a permanent injunction, to stop enforcement of the limit.
The AMR wants to circulate a petition to get the question of legalizing marijuana for medical use on the Nevada ballot. They must collect 46,764 signatures by this summer, and then voters would have to approve the plans.
Attorney Donald Campbell said the group wants to pump a lot of money into the campaign, but that plan conflicts with a Nevada constitutional change approved by voters in 1996 to cap contributions at $5,000 per person or organization for ballot question campaigns.
Assistant Attorney General Brooke Nielsen argued Monday that AMR never said in their complaint that they intend to solicit contributions. Instead, they indicated they will spend the money the group already has.
"They're not in the business of soliciting contributions. ... This is a non-profit organization that has substantial funds," she said during a hearing before U.S. District Judge Philip Pro.
Nielsen questioned whether the court has jurisdiction in the case because AMR has only indicated it will spend its own money.
Campbell wanted to know why that question wasn't pointed out in an opinion issued by Attorney General Frankie Sue Del Papa. In the opinion last month, Del Papa said the limits on spending for or against ballot questions are constitutional.
"We have the attorney general's opinion ... that says it's a violation. Do we have to actually be arrested?" Campbell said.
Violations of the limit could result in fines up to $1,000 or six months in jail.
Campbell argued that the campaign contribution statute is vague and overbroad.
Pro did not indicate when he would make a decision.
The Nevada Republican Party has filed a second federal court lawsuit against the campaign contribution limits.
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