Pubdate: Tue, 17 Jul 2001
Source: Associated Press (Wire)
Copyright: 2001 Associated Press

DEA NOMINEE WON'T OUTLINE PLANS FOR MEDICAL MARIJUANA PROSECUTION

Rep. Asa Hutchinson, President Bush's pick to lead the Drug Enforcement 
Administration, declined Tuesday to commit the agency to vigorously 
enforcing the federal ban on medical marijuana.

The question came up during the Arkansas Republican's confirmation hearing 
in the Senate Judiciary Committee. The Supreme Court ruled in May that a 
federal law classifying the drug as illegal includes no exception for 
medical uses.

"Do you think the federal government should make it a priority to prosecute 
people who are distributing marijuana to ill people?" asked committee 
chairman Patrick Leahy, D-Vt.

The 50-year-old Hutchinson said he personally opposes the use of marijuana 
for medical purposes -- "It is still illegal, it is harmful, and there's 
many potential dangers. The scientific community does not support the 
medical use of it," he said -- but wouldn't say going after medical 
marijuana dealers would be a priority for the DEA.

"I think as far as enforcement policy, that's something I'm going to work 
with the attorney general on and develop an appropriate policy," Hutchinson 
said.

"In other words, you can't take a position today," Leahy said.

Like Hutchinson, the Bush administration has been silent about its next 
move on medical marijuana and has taken no public action to enforce the 
Supreme Court ruling.

Alaska, Arizona, California, Colorado, Hawaii, Maine, Oregon and Washington 
allow the infirm to receive, possess, grow or smoke marijuana for medical 
purposes without fear of state prosecution. Those states have done little 
to change their statutes since the Supreme Court ruled federal law 
prohibits people from dispensing marijuana to the ill, saying it's up to 
federal authorities to enforce the court's decision.

Hutchinson, a member of the House Judiciary Committee and the House 
Speaker's Task Force for a Drug Free America, was nominated by Bush to lead 
the DEA in May. A vote on his nomination by the full committee will come 
later, officials said.

Hutchinson -- who as U.S. attorney for western Arkansas in the 1980s 
prosecuted and got a guilty plea from Roger Clinton on a drug charge -- 
called the battle against drug use "a noble purpose worthy of a great crusade."

"I will bring my heart to this great crusade," he said. "My heart will 
reflect a passion for the law, a compassion for those families struggling 
with this nightmare and devotion to helping young people act upon the 
strength and not the weaknesses of their character."

Hutchinson was one of 13 House members who argued in the Senate for 
President Clinton's impeachment for the Monica Lewinsky affair. The Senate, 
with Leahy as one of Clinton's primary defenders, acquitted him.

Hutchinson "never showed anything but the highest integrity," Leahy said.

"Thank you for taking a different approach and for seeing my nomination as 
an opportunity to demonstrate to the American people that despite any 
differences, we can be in harmony on one of the most critical problems 
facing our nation," Hutchinson said.

On other issues, Hutchinson said that:

* Mandatory minimums laws have helped reduce violent crimes but he would 
support having Congress take another look at them. "You don't want to 
overly tie the hands of judges," Hutchinson said.

* Federal funding should continue to help Colombia fight drug smugglers. "I 
believe it is a risk we have to take to support a very old democracy," he said.

* Racial profiling would become a thing of the past for the DEA. "It's 
important that the federal agencies set an example for the states," he said.

On the Net:

Drug Enforcement Administration: http://www.dea.gov/

Senate Judiciary Committee: http://judiciary.senate.gov/
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MAP posted-by: Terry Liittschwager