MedicalNeed
New Member
For saying the wrong thing at the wrong time, a Colorado man is bearing the brunt of overzealous federal prosecution.
When Denver's KUSA-TV interviewed Christopher Bartkowicz last year, the pot grower from Highlands Ranch bragged about all the money he would make under Colorado's booming dispensaries.
Not a bright idea.
Still, we don't believe Bartkowicz deserves the punishment he's received for his mistakes.
After the interview, federal agents raided Bartkowicz's suburban home and seized more than 100 pot plants in his basement. The feds claimed they chose Bartkowicz not only because they suspected he was growing more marijuana than permitted by law, but because he also had previous drug convictions and lived near a school.
Potentially facing up to 10 years to life in prison and as much as $4 million in fines for growing 100 plants, Bartkowicz pleaded guilty to three drug charges and was sentenced to five years in prison.
U.S. Attorney John Walsh claimed that, given the circumstances surrounding the case, Bartkowicz's sentence was "appropriate and proportionate."
We disagree. To begin with, Bartkowicz, a licensed medical marijuana caregiver, was barred from using Colorado law in his defense despite the fact that medical marijuana has been legalized here. Bartkowicz argued that his marijuana was for patients and dispensaries legal under Colorado law.
Moreover, two years ago the Obama administration issued a directive to all federal law enforcement officials "not to focus federal resources in your States on individuals whose actions are in clear and unambiguous compliance with existing state laws."
So was Bartkowicz really the only caregiver not in full compliance with Colorado's morphing laws?
This bust happened in the middle of a complex, fluid and contentious debate regarding the future of medical marijuana.
It's certainly difficult not to wonder if Bartkowicz was singled out for being on television and for living in a suburban neighborhood. But we also wonder if federal officials were trying to intrude on this statewide debate and scare off growers.
We don't believe a five-year term for a crime of this nature is called for, and we're also concerned about federal law enforcement involvement in Colorado's business.
News Hawk: MedicalNeed 420 MAGAZINE
Source: denverpost.com
Author: The Denver Post
Contact: Contact Us - The Denver Post
Copyright: 2011 The Denver Post
Website:Editorial: Pot grower's punishment doesn't match his crime - The Denver Post
When Denver's KUSA-TV interviewed Christopher Bartkowicz last year, the pot grower from Highlands Ranch bragged about all the money he would make under Colorado's booming dispensaries.
Not a bright idea.
Still, we don't believe Bartkowicz deserves the punishment he's received for his mistakes.
After the interview, federal agents raided Bartkowicz's suburban home and seized more than 100 pot plants in his basement. The feds claimed they chose Bartkowicz not only because they suspected he was growing more marijuana than permitted by law, but because he also had previous drug convictions and lived near a school.
Potentially facing up to 10 years to life in prison and as much as $4 million in fines for growing 100 plants, Bartkowicz pleaded guilty to three drug charges and was sentenced to five years in prison.
U.S. Attorney John Walsh claimed that, given the circumstances surrounding the case, Bartkowicz's sentence was "appropriate and proportionate."
We disagree. To begin with, Bartkowicz, a licensed medical marijuana caregiver, was barred from using Colorado law in his defense despite the fact that medical marijuana has been legalized here. Bartkowicz argued that his marijuana was for patients and dispensaries legal under Colorado law.
Moreover, two years ago the Obama administration issued a directive to all federal law enforcement officials "not to focus federal resources in your States on individuals whose actions are in clear and unambiguous compliance with existing state laws."
So was Bartkowicz really the only caregiver not in full compliance with Colorado's morphing laws?
This bust happened in the middle of a complex, fluid and contentious debate regarding the future of medical marijuana.
It's certainly difficult not to wonder if Bartkowicz was singled out for being on television and for living in a suburban neighborhood. But we also wonder if federal officials were trying to intrude on this statewide debate and scare off growers.
We don't believe a five-year term for a crime of this nature is called for, and we're also concerned about federal law enforcement involvement in Colorado's business.
News Hawk: MedicalNeed 420 MAGAZINE
Source: denverpost.com
Author: The Denver Post
Contact: Contact Us - The Denver Post
Copyright: 2011 The Denver Post
Website:Editorial: Pot grower's punishment doesn't match his crime - The Denver Post
