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Asa Hutchinson, the Presidential Candidate on Marijuana

Former Arkansas Gov. Former Arkansas Governor. Hutchinson has stood firm against legalization of marijuana at every stage of his career.

Hutchinson’s past history of fighting against legalization and enforcing federal prohibition in legal countries is a concern to drug policy reformers.

The candidate’s hardline views on drug policy make him stand out in a world where drug policy reform is becoming more bipartisan. This includes former President Donald Trump , , who announced he would run again in late 2017. Nikki Haley, , who entered the race on February.

Although Hutchinson used executive authority to pardon certain drug convictions while governor, and he has expressed an interest in modest proposals such as increasing treatment resources in prisons or eliminating the sentencing disparity for crack cocaine and powder cocaine, his record and comments paint a convincing picture of a drug warrior over decades who is unlikely to change meaningfully on the topic of legalizing cannabis.


This is where Republican presidential candidate Asa HUTCHISON stands on marijuana:

Legislation and Policy Actions


DEA: 2001-2003

Hutchinson was DEA administrator between 2001 and 2003. Advocates were furious that he authorized federal raids against state-legal cannabis providers in many California jurisdictions including San Francisco, Los Angeles Humboldt County El Dorado County, Ventura County, Ventura County, Ventura County, Los Angeles, Los Angeles, Humboldt County and El Dorado County.

NORML states that DEA enforced laws against “more than35 medicinal marijuana patients, cooperatives, and providers in California” within a period of approximately a year. This prompted the state attorney general to request a meeting to Hutchinson, leading to several cities considering implementing policies to restrict cooperation with the federal agency.

Hutchinson was challenged by critics over enforcement actions at a California event. However, he dismissed protestors. He stated that “DEA must simply comply with the law” and that those being prosecuted were “major trafickers”.

Advocates filed a federal lawsuit against the DEA in response to raids. They claimed that the actions were unconstitutional. After Hutchinson’s resignation, the case reached the U.S. Supreme Court. Justices ruled that federal officials are within their rights to enforce prohibition in states where medical marijuana cultivation is permitted.

Hutchinson was also the head of the agency when the Federal Appeals Court ruled that in 2002 the federal government cannot penalize doctors for discussing medical cannabis with patients. He was a defendant in this case as a member of the DEA administration.

Hutchinson stated that marijuana will remain a Schedule I controlled substance and would continue to enforce its enforcement efforts against groups and individuals involved in its distribution in a 2002 letter to Bill Lockyer, the California’s former attorney general.

A number of members of the Massachusetts congressional delegation urged the administrator to review a university professor’s application to cultivate marijuana for research purposes. He had submitted it in 2001. They also argued in favor of private funding institutions being allowed to study cannabis.

“For over 30 years, the University of Mississippi produced an adequate supply to satisfy the entire United States demand research-grade marijuana,” Hutchinson stated in a reply letter to lawmakers. “There are no signs that the supply is insufficient or will be inadequate in future.”

The former administrator did allow DEA to authorize a study about possible therapeutic uses for cannabis during his tenure in 2001. He stated that “the question whether marijuana has any legitimate medicinal purpose should be determined using sound science and medicine.”

Hutchinson’s DEA launched a crackdown against hemp seed in 2001. It claimed that federal law prohibited the use of non-intoxicating products in food items. This declaration led to litigation that eventually resulted in the overturning of the 2004 hemp ban by a federal appeals court.

Hutchinson and eight other ex-DEA administrators resigned from office. They submitted an amicus brief asking the U.S. Supreme Court to allow it to intervene in Colorado’s implementation of recreational marijuana markets.

The official, along with seven former DEA chiefs, pleaded the U.S. Attorney General in 2013 to repeal the legalization laws in Colorado and Washington.

“Each administrator of the Drug Enforcement Administration took an oath to uphold the Constitution when we became administrators. Although we are no longer in public service, our personal commitment and responsibility to this goal and the obligation to uphold it remain undiminished.” He and other former administrators wrote an opinion piece opposing the California cannabis legalization proposal in 2010.


Congress: 1997-2001

Hutchinson’s reputation for being a drug warden didn’t start at DEA. He made his views clear while representing Arkansas in Congress, urging opposition to reform and supporting various anti-drug legislation.

Although he wasn’t the chief sponsor of any marijuana-related measures, he signed on as a cosponsor to a number of resolutions and bills that promoted an anti-cannabis narrative. He cosponsored the joint resolution 1998, which expressed “the feeling of Congress that cannabis is a dangerous drug and addictive drug that should not be legalized to treat medical use.”

It passed the House but did not move to the Senate. The House resolution was also put on the floor calendar, but it didn’t move further.

Hutchinson also signed another measure. It was intended to communicate the House’s commitment towards “winning the war against drugs to protect our kids.” However, it was blocked in the chamber.

Hutchinson was one of those who voted against 1999 House bill to limit federal asset forfeiture powers, arguing that Americans don’t want to give extraordinary protection to financial henchmen drug lords. He also proposed a narrower alternative, which the Clinton administration supported, but which failed.


Governor: 2015-2023

Although Hutchinson was against the state’s voter-approved legalization of medical marijuana, he allowed multiple pieces to be amended by the program as governor.

To give regulators more time to rulemaking and strike language, he signed two bills that delayed the implementation cannabis program.

The same year, he also signed legislation that prohibited members of the Arkansas National Guard and the U.S. Military from participating in the state’s medical cannabis program as patients or caregivers.

The governor also signed a law that clarifies employment-related language. It allows employers to keep their workplace drug-free, and employees and applicants can be tested for THC. He also penalizes those suspected of using cannabis while on the job.

Hutchinson also passed other bills, including measures to ban marijuana from food and drink, allow doctors to issue cannabis recommendations via Telemedicine, create an Industrial Hemp Program, revise requirements for cannabis packaging, change the allocation of marijuana tax revenue, and expand reciprocity with out-of-state patient, among other reforms.

Hutchinson used his executive power as governor to grant pardons certain drug-related convictions, including marijuana.

He opposed the 2016 ballot initiative for medical cannabis legalization and also campaigned against a 2022 adult-use legalization measure.


DHS Assistant: 2003-2005

The undersecretary at the time closely followed international cannabis reform developments. He also warned about potential border enforcement implications for legalization or decriminalization in countries other than the U.S.

“We have great respect to Canada and Britain, and if they start changing policies regarding marijuana, it just increases the rumblings within this country that we ought not to re-examine,” he stated in 2003 as DHS’ undersecretary.

He also warned against the possibility of decriminalization in Canada, which could lead to longer wait times and more rigorous inspections at border.

He stated that “we don’t want a decriminalized system when it comes drug use” in 2003. He praised efforts of prohibitionist groups to resist reform efforts in South Dakota and Nevada.

On the Campaign Trail

Hutchinson does not seem to have discussed marijuana policy directly since announcing 2024 candidacy.

Previous Quotes and Social Media Posts

Hutchinson, as governor, was determined to oppose a ballot initiative for legalizing medical cannabis in 2016. However, the initiative was ultimately approved by voters.

He stated that the state should not “set a new pattern for determining what is good medication at the ballot box.”

He also opposed an initiative to legalize adult-use cannabis. This was placed on the 2022 ballot by activists, but it was defeated by voters. He directed the state law enforcement not to support the measure until it qualified.

He said, “Once more, they’re selling Arkansas a dangerous drug based on promises that look good.”

The science is clear. He stated that recreational marijuana is linked to more minor drug use and more dangerous roads. “This November, I will vote NO on Issue 4, which would legalize recreational marijuana in Arkansas. I hope you’ll also join me.”

In 2020, he stated that the federal government’s lax attitude to marijuana was to blame on the increasing number of states that have legalized it.

He stated that “Whenever there isn’t a clear federal policy on legalization or legalization, marijuana, there will be an erosion and movement towards legalization at the state level.”

View Hutchinson’s comments on marijuana, at 31:10 in the video.

After Arkansas legalized medical marijuana, the former governor stated that his administration would provide funding for the program. However, he said that Congress will have to address the matter.

He said, “I don’t like the idea that Arkansas implements laws that violate federal law.” That is a given. This is where we are. That’s not a good place to be.

Hutchinson stated in 2019 “I never imagined I would be governor with responsibility for implementing medical marijuana dispensing–but the voters approved it, and I am determined to make it work.”

He also used the opportunity to remind residents that it was illegal to travel to Oklahoma to buy marijuana in any state other than Arkansas’s legalized medical cannabis market.

He stated that if you purchase marijuana in Oklahoma and transport it to Arkansas, you would not only be violating state law but also federal law. Federal law prohibits marijuana from being transported across state lines. Possession of marijuana is still a federal crime.”

In 2019, the governor stated that “we must solve the riddle” as well as “we are running out of the time” in relation to medical cannabis.

He said that there were many people suffering and that medical cannabis could be an option for them.

Hutchinson stated that although he “consistently opposes the legalization” of marijuana, he “regularly” pardons non-violent drug offenses whose “enemies are trying to get a better life.”

He said, “If there is legislation that expunges the record of simple possession offenses then I would review it and see if it has all the right safeguards.” “I reserve final judgement until I have reviewed and carefully studied the proposal.”

Hutchinson praised his pardons for nonviolent drug offenses. He sharply criticised President Joe Biden because he granted mass clemency for people who have been convicted of federal marijuana possession offenses between 2022 and 2022.

He stated that the President had, in his declared policy on marijuana, waived the flags of surrender in the fight against drug abuse and adopted all the talking points used by drug legalizers. “As governor, I have granted hundreds of pardons for drug-related convictions. However, in these times of increasing crime, it is important to have a clear record for law-abiding behavior before pardons can be issued.”

Hutchinson has repeatedly argued legalization will not support broader law enforcement objectives, calling the reform “irrational” and illogical, and linking drug trafficking with terrorist activity throughout his career. He suggested that the country should focus on more treatment options, rather than legalization.

He was a congressman and was one of several GOP members who pushed for federal anti-drug advertising dollars being used to “target” states in which activists were trying to legalize marijuana.

He wrote that marijuana legalization and decriminalization advocates claim that marijuana smoking is safe, that it has a medical use, that the criminal laws can be used to impose harsh sentences on those who possess small amounts of marijuana. In 2003, he published an essay. These claims are not supported by scientific or factual evidence.

During his confirmation hearings to become DEA administrator, Hutchinson avoided a question by then-Sen. Patrick Leahy of Vermont about whether he would prioritise enforcement of prohibition in states with legalized medical marijuana.

He stated that it was still illegal and could pose dangers. “The scientific community doesn’t support medical use of it… I think that enforcement policy is something I’m going with the attorney general to develop an appropriate policy.”

He and ex-Rep. J.C. Watts (R. ) wrote an opinion piece in 2008 that criticised the sentencing gap between crack and powder cocaine. They stated that it was absurd that someone arrested for crack cocaine offenses should be sentenced to a longer term of imprisonment than someone convicted of powder cocaine offenses.

He stated that disparities such as these are a violation of the highest principles of equality under the law and fundamental fairness. “The sentencing rules’ disparate racial effects undermine our nation’s larger goal to instill respect for the criminal justice systems.”

In 2021, he also presented support for reform to address the disparity in a hearing before Senate Judiciary Committee.

Hutchinson stated that he believed it was “unconscionable”, that not more resources for drug treatment were available in prisons in 2001. He said, “I don’t think we should reduce our commitment to enforcement. Because when we did that, 1992, we cut DEA agents and the drug czar’s offices, and we saw teenage drug use increasing.”

The official has been a strong advocate for enforcement to stop the illegal trafficking in drugs such as opioids and methamphetamines over the years.

He was the head of DEA and wrote an op ed in 2002 titled “Legalizing drugs is simply surrender” warning that reforms to marijuana laws in the U.K. could encourage Americans to push for legalization.


Discussion

Hutchinson was often a participant in forums and debates, representing the opposition side to the legalization debate.

The then-DEA administrator took part in a debate along with Gary Johnson, a former Libertarian governor of New Mexico.

This official also spoke with other top reform advocates such as Ethan Nadelmann (DPA Founder), former Executive Director of Law Enforcement Action Partnership (LEAP), Maj. Neill Franklin (Ret.). Former Director of NORML, Allen St. Pierre.

He said that “I would definitely think it’s important to reduce the use illegal drugs like marijuana–and history has taught us that if it is legalized, it will increase.” “I believe that this is a serious concern for anyone involved in public policy as well as parents and community leaders.

Hutchinson seemed to have recognized the ineffectiveness in the drug war in a conversation with Franklin, in 2009. He stated that “overall, the usage isn’t going to change here”

He stated that the war has been ongoing for over 30 years. “We have been fighting this war for close to 40 years. It has lasted four decades and you know how much more drugs are coming into this country.” It hasn’t changed, it has increased. This applies to marijuana as well as heroin and cocaine.

Legalizing marijuana will not cause a collapse of democracy. “But I think you need to ask yourself: What is the best thing?,” Hutchinson stated in a 2013 conversation with Nadelmann. “I believe that the best policy is to keep it criminalized and make it illegal, but let’s learn from the lessons we’ve learned in the past two decades.”

Hutchinson and the then-Colorado Governor discussed legalization at a forum in 2016. John Hickenlooper (D), who debated legalization’s merits, stated that he still has concerns about youth drug use and the existence of an illegal market.

He stated that Texas’s law that allows certain patients to use CBD oil would be a “preferable policy” to legalizing comprehensive medical cannabis.

Hutchinson, founder of Marijuana Policy Project (MPP), argued that legalization would not free up resources for law enforcement and that the majority support reform.

Hutchinson, speaking at a CATO event on legalization, predicted that state-level reform would lead to a “confrontation of massive proportions with the federal government.”

“I agree that there needs to be changes in how we enforce our laws,” he said during the 2012 debate. I agree with the need for a vigorous debate on incarceration policies, how we fight illegal drugs and rehabilitation. All of these issues should be discussed. There must be some changes.”

Personal Experience with Marijuana

Hutchinson, who was confirmed as head of DEA, stated that he had never tried marijuana. However, he claimed that he did make beer runs to Oklahoma while in high school. This was illegal.

In 2001, he was also asked if he would ever consider cannabis use for medicinal purposes. The official replied that he’d confer with the U.S. Attorney General but that “we don’t send the wrong message…that marijuana usage is an acceptable practice.”

It was reported in 2017 that Hutchinson’s son was listed on the register as the agent for a company seeking a license to cultivate medical marijuana.

asked about the effects of legislation that would crackdown on drugs such as ecstasy and rave culture at an event for college students in 2002. He said that techno music is fine.

He said, “My son loves techno music and, although it may be surprising to you to hear, last Friday, I went to a rave.” “It was difficult when it began at one in morning, but I was there just to watch.”

Marijuana Under A Hutchinson Presidency

It’s hard to imagine a scenario in which a president would be willing to enforce federal prohibition, given the bipartisan support for legalizing marijuana and the number of states that have already regulated the plant. However, Hutchinson’s track record of vocal opposition to reform makes it unlikely that an Hutchinson administration will take proactive steps in order to remove federal barriers to state-legal cannabis consumers and businesses.

Although his tone is more relaxed on medical cannabis, and he seems to recognize that criminalization alone has been ineffective, he still stands as a drug warrior who will not compromise on the larger question of legalization.

Hutchinson would be the president with a loudspeaker that likely would echo the same anti-reform talk points that he has been articulating for decades during a crucial time in the legalization movement’s history. However, it remains to be seen which policy actions will follow the rhetoric.


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The post Asa Hutchinson, Presidential Candidate, Stands on Marijuana was first published by Marijuana Moment.

Kyle Jaeger
Author: Kyle Jaeger

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