Highlands Ranch Marijuana Case Could Set Federal Precedent

[Jim Finnel]

A Highlands Ranch man who until last week made his living growing marijuana in the basement of his home walked into a courtroom wearing a tan prisoner's jumpsuit Thursday, the first steps in what legal experts say could be a precedent-setting journey through the federal justice system.

After a routine hearing, a magistrate judge found there is probable cause for the drug-distribution case against Chris Bartkowicz to continue toward trial and set his bail at $10,000.

Bartkowicz, who was arrested Feb. 12 by Drug Enforcement Administration agents after they seized more than 200 marijuana plants that Bartkowicz said were for medicinal use, is the most high-profile person involved in medical marijuana in Colorado to face federal prosecution. He is also one of the only people nationwide to face federal charges since a Justice Department memo in October said federal agents should respect state medical-marijuana laws.

That convergence of circumstances — federal law, in which all marijuana is illegal, versus Colorado's constitutional protection for medical marijuana — makes the case fertile legal ground. Bart kowicz's attorney hinted during the hearing Thursday that little in the case would be routine.

"There are complex legal issues that haven't been addressed in this state," said the attorney, Joseph Saint-Veltri.

Saint-Veltri has declined to comment on the defense he intends to mount, but legal experts say it would be nearly impossible for Bartkowicz to claim a medical defense in federal court. In several federal cases involving medical marijuana in California, judges have blocked such testimony.

"Federal judges prohibit the defense from even uttering the words 'medical marijuana,' " said Bill Piper, director of national affairs for the Drug Policy Alliance Network.

Such restrictions leave medical-marijuana providers exposed in court, said Kris Hermes, a spokesman for the group Americans for Safe Access.

"If you get prosecuted in federal court, it's an all-but-guaranteed conviction," Hermes said.

But two elements could add fresh legal intrigue to Bartkowicz's case. The first is that Colorado's legal protection for medical marijuana is written into the state's constitution, whereas other medical-marijuana states have lower protection. Denver medical-marijuana attorney Warren Edson said that could give Bartkowicz a stronger argument that his prosecution violates states' rights.

"We don't really know," Edson said. "It's something we haven't been able to argue in court yet."

The U.S. Supreme Court, however, has ruled in a prior case that the federal government can regulate marijuana, even if it is grown, sold and used entirely in a medical-marijuana state.

The other wild card is the Justice Department's October memo, which said the government wouldn't target people in "clear and unambiguous" compliance with state medical-marijuana laws. Hermes said it is possible that defense attorneys could use the memo as ammunition in a federal case. Indeed, there is a defense called "entrapment-by-estoppel," where defendants argue the government fooled them into breaking the law by leading them to believe what they were doing was legal.

But prominent California medical-marijuana attorney Bill Panzer said the memo likely doesn't offer enough protection for that defense.

"All it says," Panzer said, "is you might not want to go after a cancer patient."


NewsHawk: User: 420 Magazine - Cannabis Culture News & Reviews
Source: denverpost.com
Author: John Ingold
Copyright: 2010 The Denver Post
Contact: Contact Us - The Denver Post
Website: Highlands Ranch marijuana case could set federal precedent - The Denver Post

 

[mule]

I feel for the dude... But hell man he went on a local TV news station bragging about growing... One mid level fed in the local branch took it as a slap in the face and went rouge, he got some help from the local LEO's and took the guy out... Until the feds change the laws they have, I think it's best not to, as we say in CO "poke bear's with sticks" It goes to show you, some feds let emotion get in the way of reason... The mule

 

[Be Irie]

Now see, if he wanted to show off his garden, he should have done it here. If he did, he would still be enjoying his meds at home......

 

[trekie]

I feel for the dude... But hell man he went on a local TV news station bragging about growing... One mid level fed in the local branch took it as a slap in the face and went rouge, he got some help from the local LEO's and took the guy out... Until the feds change the laws they have, I think it's best not to, as we say in CO "poke bear's with sticks" It goes to show you, some feds let emotion get in the way of reason... The mule

Well put...

 

[MedicalNeed]

This is going to be one long drawn out Public case that I believe will make History.

As CO. is the ONLY state with enough fore thought to put it directly into their state constitution. So in effect this will be a ground breaking case. IMO
That coupled with "entrapment-by-estoppel" and I think the Medical aspect will make into the court room but to what extent?

As there is no way to tell if one is within the "States Law" without the police just taking a lil peak, and we know that isn't constitutional!

Whats everyones else's thoughts of this when put that way? Just curious.

 

[Bonehead]

I feel for the dude... But hell man he went on a local TV news station bragging about growing... One mid level fed in the local branch took it as a slap in the face and went rouge, he got some help from the local LEO's and took the guy out... Until the feds change the laws they have, I think it's best not to, as we say in CO "poke bear's with sticks" It goes to show you, some feds let emotion get in the way of reason... The mule

The only problem with saying that he was bragging on TV is the quote came from the DEA themself. They said he was bragging. Was he? It is still wrong to go after MMJ patients. Change the federal law and legalize MJ for everyone.

 

[CharlieMopps]

The only problem with saying that he was bragging on TV is the quote came from the DEA themself. They said he was bragging. Was he? It is still wrong to go after MMJ patients. Change the federal law and legalize MJ for everyone.

Yup, entrapment and states rights sound like a good defense. If they lose can they appeal to a higher court?

 

[trekie]

Mr. Bartkowicz was a American who was exercising his rights'. We live in a world that loves to use fear to control the populace... One of the rules of growing is tell no one. I am guilty of breaking this one myself. We all want to stand up and stop the insanity of the federal government . I think that all states that have medical marijuana laws should have their Senators stand up for the medical rights of their voters. Demand that marijuana be de-legalize in the Health Care Bill before Congress... Bartkowicz seems to have started something that is going to steamroll into a big costly legal challenge. I hope he saved some of his growing money... Dea Sweetin who started this mess by going rogue is already back peddling ... He has open a big can of worms by going after a American Citizen in a state that has language in it's constitution protecting the rights of medical marijuana users. So, is this the new civil war between the states ?... Attorney Rob Corry against Sweetin this should be good one. Sweetin I think you just caused your team a big lost that the federal government will never recover from. Thank you DEA agent Sweetin for showing us, how one sided and out of control our Federal Government really is...

 

[Warbux]

Mr. Bartkowicz was a American who was exercising his rights'. We live in a world that loves to use fear to control the populace... One of the rules of growing is tell no one. I am guilty of breaking this one myself. We all want to stand up and stop the insanity of the federal government . I think that all states that have medical marijuana laws should have their Senators stand up for the medical rights of their voters. Demand that marijuana be de-legalize in the Health Care Bill before Congress... Bartkowicz seems to have started something that is going to steamroll into a big costly legal challenge. I hope he saved some of his growing money... Dea Sweetin who started this mess by going rogue is already back peddling ... He has open a big can of worms by going after a American Citizen in a state that has language in it's constitution protecting the rights of medical marijuana users. So, is this the new civil war between the states ?... Attorney Rob Corry against Sweetin this should be good one. Sweetin I think you just caused your team a big lost that the federal government will never recover from. Thank you DEA agent Sweetin for showing us, how one sided and out of control our Federal Government really is...

Excellent posting Trekie..I could'nt agree more..

 

[trekie]

In reference to limits. Did he sell to anyone who was illegal ? or did he sell to co-ops ? that would be the big difference in a society that has compassion ...I am still waiting for the reality of reefer madness... ? Our government was behind reefer madness... that is one of the reasons for the mistrust in governments position on marijuana... We, in states that have medical marijuana have proven that the war on drugs is based on lies and misinformation... You do not see any signs of reefer madness in states that have legalize medical marijuana or high crime rate in relation to marijuana dispensaries.. Why do people like DEA agent Sweetin talk about non profit. Lets look at what the salaries of the top 10 non profit organizations make. It's more like wall street bankers salaries. You have to pay people to run these co-ops. If you want the revenue than make laws to correct your mistakes and do it through open debates using science not lies that are made in dark smoke filled rooms... or finically bankrupting someone using tax payers money in the court system ... If he was over the limit. Do you really have to arrest him and throw him in jail. is that what America call justice...

 

[mule]

My take on if he was over on plants or not is this... If you invite news crews in and let them film you better dam sure have your ducks in a row! My thinking with the feds, or so I heard was 99 and under on the plants and they wont want to mess with you. I think a thousand plants in fed court gets you life...

The neighborhood he was growing in... Holy hell some of the most powerful, rich, cunning people in this state live there! That in itself pissed off too many powerful people, once again emotion not reality... I just don't fit in that neighborhood or cherry creek

The laws, they are a changing here... The growth of the MMJ movement in CO has some people really freaked out! I love all the new growth! Hell 10 MMJ stores, 3 hydro shops, and a few glass shops all in a two mile stretch one town over... Park on one end and stroll and shop... Not today to much snow...

Now I would think, the state would welcome the revenue. I ask myself why the hell set them up as non profit? Is it a trick bag trying to get people in trouble with the feds over income taxs, or other taxs ? Or is the state scared to take tax money on something the feds says is a no no?

I for one stay within the law... Why? for the first time in 25 years of growing and smoking I can grow,smoke,carry weed... No worries of the state LEO's kicking in my door! The feds? Wait I see a black chopper outside gotta go>>> Here's is one for the kids...

Remember when phones were rotary and they had party lines? If someone slipped and said weed on the phone everyone in the house was freaked for days...

I just wish everyone could see, it's only a plant... Like hops but without the running stuff over with a car afterward... The mule

 

[kodiak60]

Like MT has a test case going before the federal courts over its freedom firearms act, to establish states' rights and sovereignty, so goes CO, over the medical marijuana act. This could be just what the MMJ states want... something to push the federal government to make a stand, and stand down, because they ARE unconstitutional in enacting this ban on medical marijuana. There's nothing in the US Constitution, Bill of Rights, etc., against growing marijuana, specifically. It's included in the rights to life, liberty, and the pursuit of happiness. Remember... our founding fathers grew marijuana (hemp and marijuana are both cannabis, so they are lumped together). In fact, all citizens of the USA were required to grow it, because it was a cash crop for trade and barter. Marijuana was legal until 1939... and then banned because Big Pharma and Corporate greed took over... can't patent a naturally grown plant, so let's have it banned and outlawed, so we can make a HUGE profit, and make people take synthetic poisons that actually make them sicker!

 

[Weed420]

"The U.S. Supreme Court, however, has ruled in a prior case that the federal government can regulate marijuana, even if it is grown, sold and used entirely in a medical-marijuana state."
Not true. Needs to argued on the 10th Amendment grounds. The feds have no legal authority to charge anyone for anything unless it crosses state lines. This has already been fought and won on the gun issue.