Jim Finnel
Fallen Cannabis Warrior & Ex News Moderator
The Highlands Ranch medical marijuana grower who was arrested after showing off his suburban grow operation to a television reporter lost his attempt yesterday to have his case thrown out.
The judge also denied a motion to allow Chris Bartkowicz, who is facing 60 years in prison, and his attorneys to use Colorado medical marijuana laws when the case reaches trial. Medical marijuana attorney Brian Vicente noted that the judge forbidding Bartkowicz to argue that the marijuana was medicinal would make it a “very tough trial.”
“Mr. Bartkowicz and his lawyers made the argument that he should be able to tell the jury the truth, that he was growing marijuana medically,” Vicente said. “Unfortunately, the judge denied his motion so now he is going to have to move forward without the availability of discussing the truth of the matter that he was growing marijuana for sick people.”
Jeff Sweetin, the head of the DEA in Colorado, has said that his agency is responsible for enforcing federal law and that Bartkowicz, who claimed to be a caregiver, had more plants than allowed in relation to the number of patients he cared for. Sweetin noted that medical marijuana has not been approved on a federal level.
But medical marijuana activists like Vicente believe the DEA bust and resulting trial that could bring life in prison is a case where “rogue” DEA agents and U.S. Attorney’s Office are trying to make an example out of Bartkowicz.
“They’re engaging in scare tactics to try to reclaim Colorado as their turf,” he said.
The upcoming trial is being viewed as a test case for the evolving medical marijuana industry. Although President Barack Obama’s administration issued a memo to the DEA to respect individual state law and not conduct raids on medical marijuana facilities in states that have approved the use, marijuana is still federally classified as a Schedule 1 controlled substance. The memo also says that federal prosecution in those cases was unlikely, not impossible.
Bartkowicz is facing a severe sentence because he has previous marijuana-related convictions and was growing the medical marijuana in his house that was within 1,000 feet of a school. Bartkowicz has maintained that he didn’t think he was doing anything wrong, which was why he agreed to show off his grow operation to KUSA-TV.
Vicente helped organize a rally to show support for Bartkowicz yesterday morning in advance of the hearing. He finds it outrageous that Bartkowicz could be thrown in jail for more than 60 years, which would likely cost taxpayers more than $1,800,000, for growing a plant that Colorado voters approved for medical purposes.
“I’m hoping that the federal government will respect the will of Colorado voters and stop prosecuting people for following state law,” he said. “But we don’t really know, there are definitely zealous anti-marijuana crusaders out there.”
Bartkowicz was offered a plea deal in April but rejected the offer, instead opting to take the case to trial, arguing that his operation was legal under Colorado law. The criminal trial is scheduled to start Nov. 1.
NewsHawk: User: 420 MAGAZINE
Source: thedenverdailynews.com
Author: Gene Davis
Copyright: 2010 Denver Daily News
Contact: Denver Daily - Contact Us
Website: Denver Daily - Judge denies motion to dismiss pot case
The judge also denied a motion to allow Chris Bartkowicz, who is facing 60 years in prison, and his attorneys to use Colorado medical marijuana laws when the case reaches trial. Medical marijuana attorney Brian Vicente noted that the judge forbidding Bartkowicz to argue that the marijuana was medicinal would make it a “very tough trial.”
“Mr. Bartkowicz and his lawyers made the argument that he should be able to tell the jury the truth, that he was growing marijuana medically,” Vicente said. “Unfortunately, the judge denied his motion so now he is going to have to move forward without the availability of discussing the truth of the matter that he was growing marijuana for sick people.”
Jeff Sweetin, the head of the DEA in Colorado, has said that his agency is responsible for enforcing federal law and that Bartkowicz, who claimed to be a caregiver, had more plants than allowed in relation to the number of patients he cared for. Sweetin noted that medical marijuana has not been approved on a federal level.
But medical marijuana activists like Vicente believe the DEA bust and resulting trial that could bring life in prison is a case where “rogue” DEA agents and U.S. Attorney’s Office are trying to make an example out of Bartkowicz.
“They’re engaging in scare tactics to try to reclaim Colorado as their turf,” he said.
The upcoming trial is being viewed as a test case for the evolving medical marijuana industry. Although President Barack Obama’s administration issued a memo to the DEA to respect individual state law and not conduct raids on medical marijuana facilities in states that have approved the use, marijuana is still federally classified as a Schedule 1 controlled substance. The memo also says that federal prosecution in those cases was unlikely, not impossible.
Bartkowicz is facing a severe sentence because he has previous marijuana-related convictions and was growing the medical marijuana in his house that was within 1,000 feet of a school. Bartkowicz has maintained that he didn’t think he was doing anything wrong, which was why he agreed to show off his grow operation to KUSA-TV.
Vicente helped organize a rally to show support for Bartkowicz yesterday morning in advance of the hearing. He finds it outrageous that Bartkowicz could be thrown in jail for more than 60 years, which would likely cost taxpayers more than $1,800,000, for growing a plant that Colorado voters approved for medical purposes.
“I’m hoping that the federal government will respect the will of Colorado voters and stop prosecuting people for following state law,” he said. “But we don’t really know, there are definitely zealous anti-marijuana crusaders out there.”
Bartkowicz was offered a plea deal in April but rejected the offer, instead opting to take the case to trial, arguing that his operation was legal under Colorado law. The criminal trial is scheduled to start Nov. 1.
NewsHawk: User: 420 MAGAZINE
Source: thedenverdailynews.com
Author: Gene Davis
Copyright: 2010 Denver Daily News
Contact: Denver Daily - Contact Us
Website: Denver Daily - Judge denies motion to dismiss pot case
