HUTCHINSON SHIES AWAY FROM MEDICAL MARIJUANA BAN

CONFIRMATION: DEA Nominee Questioned

WASHINGTON - 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 he 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.

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.