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On Thursday this video segment was shown on Channel9 News in Denver
showing a legal (by state law) medical marijuana grow in the basement
of a suburban Highlangs Ranch home.
By Friday Federal DEA agents were at the house shutting down his
operation
carrying away numerous boxes and bags containing medical marijuana,
lights, filters and other equipment, and arresting the owner.
-----
Owner who bragged of large medical-pot
operation jailed in DEA raid
February 13, 2010 - Denver
Post
Federal drug-enforcement agents Friday raided the home of a Highlands
Ranch man who a day earlier bragged in a 9News report about the large
and profitable medical-marijuana-growing operation in his basement.
Along with the raid, Jeffrey Sweetin, the Drug Enforcement
Administration's special agent in charge of the Denver office, sent a
message to anyone involved in Colorado's increasingly profitable
medical-marijuana industry.
"It's still a violation of federal law," Sweetin said. "It's not
medicine. We're still going to continue to investigate and arrest
people."
Agents at the scene Friday evening said the marijuana grower, Chris
Bartkowicz, had been taken into custody. Jeff Dorschner, a spokesman
for the U.S. attorney's office in Denver, said the grower would be held
over the long Presidents Day weekend before a decision on charges is
made Tuesday.
"The U.S. attorney's office will review the evidence the DEA collected
before we make a determination whether we will prosecute," Dorschner
said.
DEA agents converged on the house Friday afternoon and, before leaving
several hours later, removed dozens of marijuana plants in black
plastic trash bags as well as numerous high-powered growing lights.
On Thursday night, 9News promoted a story about Bartkowicz's operation,
and on Friday morning, Bartkowicz was featured in a 9News story posted
to its website and published in The Denver Post. The story was to air
on television Friday night. He told the station he serves as a
caregiver to a number of medical-marijuana patients and hoped to turn a
profit this year in the hundreds of thousands of dollars.
"I'm definitely living the dream now," Bartkowicz told 9News.
One block from school
That story — coupled with the proximity of Bartkowicz's home to Sand
Creek Elementary School, a block away — drew the attention of DEA
agents.
A memo in October from Deputy U.S. Attorney General David Ogden said
federal agents should not target people in "clear and unambiguous
compliance with existing state laws providing for the medical use of
marijuana." The memo led many in Colorado's medical-marijuana community
to believe that federal agents would no longer raid medical-marijuana
dispensaries or growers.
But Sweetin said the memo does nothing to change federal law, which
makes marijuana illegal, and instead mostly addresses treatment of
medical-marijuana patients and small-scale growers.
"Prosecution of commercial enterprises that unlawfully market and sell
marijuana for profit continues to be an enforcement priority of the
department," the memo states.
Guidelines included in the memo to distinguish between lawful
medical-marijuana operations and unlawful ones include whether the
operations produce more plants or generate more money than state laws
intend. Sweetin said those guidelines put much of Colorado's
medical-marijuana industry in the crosshairs and that he has been
gathering information on dispensary owners and their operations for
months.
Risking arrest, jail time
"Technically, every dispensary in the state is in blatant violation of
federal law," he said. "The time is coming when we go into a
dispensary, we find out what their profit is, we seize the building and
we arrest everybody. They're violating federal law; they're at risk of
arrest and imprisonment."
Matt Brown, executive director of the pro-dispensary Coloradans for
Medical Marijuana Regulation, said Sweetin's statements are troubling.
Brown argued that the federal memo's hands-off order covers everyone in
compliance with their state's medical-marijuana laws, a group Brown
said includes dispensaries in Colorado. Brown said Friday's raid
highlights the need for lawmakers to create clear rules for how
dispensaries should operate.
"All we're trying to do is follow the rules," he said.
Bartkowicz had talked to 9News about his efforts to keep a low profile
and said he didn't think his neighbors knew about what he was doing
inside his house. But several neighbors said Friday that they had
suspicions after seeing activity late at night at the house and other
puzzling activities.
"I think it's awful," neighbor Linda Palmer said of the
marijuana-growing operation. "There's an elementary school right
there."
Registered: 06/07/04 Posts: 3,322 Loc: A Psychedelic State Last seen: 6 hours, 47 minutes
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: veggie] 1 #12020322 - 02/13/10 06:13 AM (2 years, 3 months ago)
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: ShroomDoom] #12020440 - 02/13/10 07:00 AM (2 years, 3 months ago)
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: veggie] #12020523 - 02/13/10 07:33 AM (2 years, 3 months ago)
Registered: 02/18/08 Posts: 2,534 Last seen: 1 month, 27 days
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: wowitch17] #12020557 - 02/13/10 07:46 AM (2 years, 3 months ago)
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: PsilocybinMike] #12020604 - 02/13/10 07:56 AM (2 years, 3 months ago)
he acts like he has nothing better to do than bust people conflicting with federal law. Forget about the cartels and domestic gangs operating in the area.
Registered: 01/19/10 Posts: 136 Last seen: 1 day, 4 hours
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: wowitch17] #12020614 - 02/13/10 08:00 AM (2 years, 3 months ago)
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: shthd] #12020618 - 02/13/10 08:01 AM (2 years, 3 months ago)
Registered: 05/20/09 Posts: 72 Last seen: 1 year, 2 months
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: shthd] #12020626 - 02/13/10 08:03 AM (2 years, 3 months ago)
Registered: 05/31/06 Posts: 1,861 Loc: Brilliance/Insanity
Last seen: 3 months, 6 days
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: wowitch17] #12020645 - 02/13/10 08:07 AM (2 years, 3 months ago)
Quote: wowitch17 said: blame the black guy, good strat
Considering that it's the president's job to oversee the enforcement of federal laws, it's completely reasonable to hold him responsible.
And what does his race have to do with anything? He's allowing power-hungry DEA morons to ruin the lives of legitimate business owners, who are providing medicine for sick people. It's not surprising that some people are angered by this, myself included.
-------------------- If you can be told what to see or read, then it follows that you can be told what to say or think. ~Boards of Canada
Now we see things, as in a mirror dimly, and we shall see each other face to face.
--------------------
At first there was a time, when I believed a kiss was just a kiss, no matter how I missed you...
Registered: 05/06/07 Posts: 757 Loc: The Other Side
Last seen: 1 day, 23 minutes
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: NobodyCares] #12020671 - 02/13/10 08:18 AM (2 years, 3 months ago)
Registered: 01/19/10 Posts: 136 Last seen: 1 day, 4 hours
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: NobodyCares] #12020674 - 02/13/10 08:19 AM (2 years, 3 months ago)
Quote: wowitch17 said: blame the black guy, good strat
That 'black guy' could have helped H.R. 2835 ("Medical Marijuana Patient Protection Act") by showing support for the bill. This would bring attention to it thus speeding its process up a bit.
Instead, Obama's memo came out, everybody praises him for supporting medical marijuana, and yet this bill gets delayed, push aside, forgotten...
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: shthd] #12020678 - 02/13/10 08:20 AM (2 years, 3 months ago)
Registered: 03/03/06 Posts: 17,274 Loc: the city of dis
Last seen: 49 seconds
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: wowitch17] #12020694 - 02/13/10 08:30 AM (2 years, 3 months ago)
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: novumorganum] #12020719 - 02/13/10 08:37 AM (2 years, 3 months ago)
who knows what could happen man. one of those kids could find their way inside the grow op and overdose on hash and get ass plowed by the grow master ending in a costly hospital visit and PTSD.
Registered: 01/19/10 Posts: 136 Last seen: 1 day, 4 hours
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: wowitch17] #12020742 - 02/13/10 08:43 AM (2 years, 3 months ago)
Quote: wowitch17 said: the first step in starting a revolution is wearing a bandana and acting non chalant, not criticizing our president.
I've got my bandana for the revolution in my closet. That doesn't change the fact that cannabis is illegal. I wouldn't consider the end of prohibition much of a 'revolution.'
Registered: 12/02/06 Posts: 858 Last seen: 10 months, 6 days
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: shthd] #12020799 - 02/13/10 09:00 AM (2 years, 3 months ago)
thats really smart of that guy to volunteer to be on the news. Also, the news totally portrayed his situation, like he was getting away with something illegal. its either illegal or its fucking legal. highlighting the fact that he is right next to a school and basically giving away his location wouldnt help anyone, except the DEA or potential home burglars.
-------------------- "hey man wanna smoke some weed?"
"Naw man, i smoke fools like you on the basketball court"
Registered: 10/01/02 Posts: 4,253 Loc: Where Art Meets Crime
Last seen: 1 year, 5 months
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: burtonRebel] #12020931 - 02/13/10 09:37 AM (2 years, 3 months ago)
Quote: burtonRebel said: thats really smart of that guy to volunteer to be on the news. Also, the news totally portrayed his situation, like he was getting away with something illegal. its either illegal or its fucking legal. highlighting the fact that he is right next to a school and basically giving away his location wouldnt help anyone, except the DEA or potential home burglars.
yeah I saw the teaser ad for this news spot. the voice over made it sound like the guy was performing evil acts...
still, I would never ever agree to show my face on camera, disclose that I stand to make a boat load of money, or reveal my location of my (federally) illegal activities. this man was either very naive or very stupid.
me thinks this grower is no longer "living the dream."
-------------------- If it weren't for the bloody corpses, I wouldn't have any corpses at all.
There are two ways to get to the top of an oak tree: start climbing or sit on an acorn.
Registered: 02/05/10 Posts: 132 Last seen: 8 months, 24 days
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: veggie] #12020996 - 02/13/10 09:55 AM (2 years, 3 months ago)
what a fucking idiot- really the news dumb ass- i wouldnt tell my parents much less the fucking news-he was asking for it- if he stood to make 400k hes a retard selling pot isnt legal and the dea wouldnt have given a shit if he hadnt rubbed it in their face stupid people like this almost deserve to go to jail, maybe now everyone else will shut-the-fuck up and just do it without blabbing on how much they are not paying taxes for-
-------------------- I Before E Except after ME, SEE, what happened was....but don't worry i have it covered...I'll just tell God they died.
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: SEE] #12021024 - 02/13/10 10:03 AM (2 years, 3 months ago)
This guy is an idiot. He deserved to get arrested. He went to the local news organization and showed his whole grow operation. All while claiming he wanted it to be unknown. It is still a violation of federal law, and the recent executive order put in place to honor state laws does not apply here because the Colorado law has nothing describing how the dispensaries are to go about getting the pot, which they are allowed to sell.
So heres the deal: Dispensaries MAY sell marijuana in Colorado if they take care of the proper paperwork. However, the people selling marijuana to the dispensaries are in violation of federal law when they do commercial grows because Colorado law does not protect large scale grows.
I doubt California will have issues such as this because their laws are more clear. So this is a Colorado thing.
Lots of experienced growers know not to announce their grow operation on the local evening news.
DUMB DUMB DUMB
-------------------- All I know is that I dont know.
Row, row, row, you boat, gently down the stream.
Merrily, merrily, merrily, merrily, life is but a dream.
Registered: 02/19/09 Posts: 4,929 Loc: Turtle Island Last seen: 1 month, 15 days
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: SEE] #12021036 - 02/13/10 10:05 AM (2 years, 3 months ago)
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: shivas.wisdom] #12021041 - 02/13/10 10:08 AM (2 years, 3 months ago)
Registered: 10/23/08 Posts: 836 Last seen: 3 hours, 8 minutes
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: hedgehog] #12021186 - 02/13/10 10:33 AM (2 years, 3 months ago)
Quote: hedgehog said: Well you know the DEA has solved CO's meth and heroin problems so they have nothing else to do...
oh wait sorry, apparently there still is meth and heroin available. I guess going after medical grows is just easier.
Lol word man....fuck em
I wish there was a way to organize a domestic force to fight these assholes straight out of "their" country, Id sure as fuck take a bullet for it.
-------------------- "The edge, there is no honest way to explain it, because the only ones who know where it is are the ones who have gone over." Dr. HST - RIP
Federal Bureau of Keeping Juice
Special Agent Fun Guy.
Registered: 06/12/09 Posts: 90 Loc: Psychedelic State
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: wowitch17] #12021189 - 02/13/10 10:33 AM (2 years, 3 months ago)
i feel sorry for the guy but he should of known, esp being so close to a school thats going to be a case right there. PEOPLE DONT BLAST YOUR SHIT, ESP ON TV!!!
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: veggie] #12021205 - 02/13/10 10:37 AM (2 years, 3 months ago)
A related story by 9NEWS.com (Medical marijuana in basement lands man in jail), listed other apparently state legal residential medical marijuana grow locations around the Denver metro area.
Quote: West Bowles Avenue and South Kipling Parkway - Jefferson County South University Boulevard and C-470 - Highlands Ranch West Waterton Road and North Rampart Range Road - Douglas County Meadows Boulevard - Castle Rock Lincoln Avenue and Jordan Road - Parker East Main Street and North Jordan Road - Parker East Smoky Hill Road and South Telluride Street - Centennial South Sherman Street and East Easter Avenue - Centennial Yale Avenue and South Syracuse Way - Arapahoe County South Chambers Road and East Hampden Avenue - Aurora East 84th Avenue and Washington Street - Adams County Chambers Road and East 104th Avenue - Commerce City West 80th Avenue and Zuni Street - Adams County Washington Street and Malley Drive - Northglenn East 120th Avenue and Washington Street - Northglenn Colorado Boulevard and East 120th Avenue - Thornton Colorado Boulevard and East 108th Avenue - Thornton East 88th Avenue and Washington Street - Thornton West 104th Avenue and Lowell Boulevard - Westminster West 38th Avenue and Tennyson Street - Denver 30th Street and Curtis Street - Denver
Some of the above have already been investigated by state officials.
9NEWS didn't release the exact addresses of these grow locations, but the DEA I'm sure now has them, and it won't be long before we read about more Federal raids on medical marijuana grow-ops in Denver.
Registered: 10/05/03 Posts: 5,188 Loc: My stash box
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: veggie] #12021234 - 02/13/10 10:43 AM (2 years, 3 months ago)
Quote: West Bowles Avenue and South Kipling Parkway - Jefferson County South University Boulevard and C-470 - Highlands Ranch West Waterton Road and North Rampart Range Road - Douglas County Meadows Boulevard - Castle Rock Lincoln Avenue and Jordan Road - Parker East Main Street and North Jordan Road - Parker East Smoky Hill Road and South Telluride Street - Centennial South Sherman Street and East Easter Avenue - Centennial Yale Avenue and South Syracuse Way - Arapahoe County South Chambers Road and East Hampden Avenue - Aurora East 84th Avenue and Washington Street - Adams County Chambers Road and East 104th Avenue - Commerce City West 80th Avenue and Zuni Street - Adams County Washington Street and Malley Drive - Northglenn East 120th Avenue and Washington Street - Northglenn Colorado Boulevard and East 120th Avenue - Thornton Colorado Boulevard and East 108th Avenue - Thornton East 88th Avenue and Washington Street - Thornton West 104th Avenue and Lowell Boulevard - Westminster West 38th Avenue and Tennyson Street - Denver 30th Street and Curtis Street - Denver
Some of the above have previously been investigated by state officials.
9NEWS didn't release the exact addresses of these grow locations, but DEA I'm sure now has them, and it won't be long before we read about more Federal raids on medical marijuana grow-ops in Denver.
Wow are you serious? How irresponsible is that? Yeah there's no exact locations given but it doesn't take a genius to figure out where the grows are happening at. I'm sure even the goons at DEA can figure that much out.
-------------------- I'd like you to meet my local drug dealer
Bruce Campbell for a day! said: Go misidentify a mushroom please.
Registered: 10/07/08 Posts: 4,845 Last seen: 43 seconds
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: SuperD] #12021242 - 02/13/10 10:44 AM (2 years, 3 months ago)
Registered: 06/28/09 Posts: 2,323 Loc: lake titticaca near nicar... Last seen: 14 days, 4 hours
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] *DELETED* [Re: Humility] #12021381 - 02/13/10 11:18 AM (2 years, 3 months ago)
-------------------- How did you get out? I shot my way out... everybody started shooting so I blasted my way out. . . . Tagged a couple of cops. . . . Did you kill anybody? ...a few cops. No real people? ....just cops
Registered: 03/03/06 Posts: 17,274 Loc: the city of dis
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Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: Mr.Pink] #12021413 - 02/13/10 11:24 AM (2 years, 3 months ago)
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: Mr.Pink] #12021455 - 02/13/10 11:33 AM (2 years, 3 months ago)
Too bad its impossible to remove a schedule 1 drug from the list
The only way to make it ever "legal" is to overgrow the government While its technically illegal its so ingrained in culture and everywhere its impossible to enforce.
-------------------- L'enfer est plein de bonnes volontés et désirs
Registered: 05/04/08 Posts: 1,016 Loc: Jawjuh.
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Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: oxalic32] #12021619 - 02/13/10 12:04 PM (2 years, 3 months ago)
Registered: 10/13/05 Posts: 28 Last seen: 2 years, 3 months
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: veggie] #12021657 - 02/13/10 12:11 PM (2 years, 3 months ago)
1. What a tard. This guy is either really fucking stupid, really fucking stoned, or some combination of the two.
2. Fuck the DEA. Bust some REAL drug dealers? Some cartels? Fuck that, we might get shot. Let's just crash in on some non-violent potheads, talk big, and collect our pats on the back. Dear God, please let some one slip this agent a massive dose of LSD...please, I just want to see this happen one time before I die.
3. It never fails, just when you start to forget, the government pops back in to remind you that they're nothing but a bunch of fucking pimps. Give them their cut or they'll bitch slap you and remind everyone that this is their country.
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: Dhaze] #12021762 - 02/13/10 12:27 PM (2 years, 3 months ago)
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: shthd] #12021923 - 02/13/10 12:53 PM (2 years, 3 months ago)
Quote: shthd said: And everybody always brings up Obama's stupid fucking 'memo' to the DEA.
Yeah, that changed shit.
Well considering that over the course of a year, 3 dispensaries have opened up within a few blocks of my home, and that none of them have been busted yet, or rather that any dispensaries that I know of in CO have been busted, I would say that it is a nice change from the bush years.
-------------------- Make my Funk the P Funk, I wants to get Funked up
Registered: 01/29/06 Posts: 965 Last seen: 1 day, 6 hours
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: ShroomDoom] #12022065 - 02/13/10 01:27 PM (2 years, 3 months ago)
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: veggie] #12022352 - 02/13/10 02:30 PM (2 years, 3 months ago)
Jailed marijuana grower: 'I'm the poster boy now' February 13, 2010 - 9news.com
DENVER - The medical marijuana grower arrested by Drug Enforcement Administration agents after showing his operation to 9Wants to Know says he believes the DEA is hoping to make an example out of him.
"I'm the poster boy now," Chris Bartkowicz told 9Wants to Know Saturday in his first interview from jail.
DEA agents seized 16 boxes worth of marijuana from his Highlands Ranch house near C-470 and University Bouldevard on Friday afternoon. It was the same day a news story on his growing operation was set to air on 9NEWS.
"We work hard and aren't just people who want to smoke pot all the time," Bartkowicz said. "My intent was to show that growers care for houses. We construct well-made rooms for good growing environments."
"I figured I was in the right. I didn't figure I had anything to hide," he said. "If I am legal, why should I be in the shadows?"
Bartkowicz asked 9NEWS not to give his address in the story. The night before the story ran, a neighbor called to report she suspected someone was growing marijuana in the house where Bartkowicz lived, according to a federal official.
"If I knew what I was doing was illegal, I would have never made a public display of myself," he said. "I would not have put myself in the line of fire if I was knowingly violating the law."
The United States Attorney's office will review the evidence collected and could decide Tuesday if charges will be filed against Bartkowicz. He is also expected to make his first appearance in federal court on Tuesday.
"According to him and according to what he's seen on the news, he probably believes he is legal," Special Agent in Charge of Denver's DEA office Jeff Sweetin said.
Sweetin says even though state law allows for medical marijuana, federal law does not.
"We will continue to enforce federal law. That's what we are paid to do," Sweetin said.
He says federal guidelines give him discretion and his focus is on large operations such as the one he believes Bartkowicz ran.
"Discretion is: I can't send my DEA agents out on 10-plant grows. I'm not interested in that, it's not what we do. We work criminal organizations that are enterprises generating funds by distributing illegal substances," Sweetin said.
Bartkowicz said he did not know the number of marijuana plants seized by DEA agents, but video shot by 9NEWS shows dozens of plants in his basement. He also showed 9NEWS his medical marijuana license and documentation for the people to whom he provides marijuana.
"I hope to seek a resolution that conforms to state guidelines," Bartkowicz said.
Sweetin left open the door to go after medical marijuana dispensaries.
"The time is coming when we go into a dispensary, we find out what their profit is, we seize the building and we arrest everybody. They're violating federal law; they're at risk of arrest and imprisonment," he said to 9NEWS' partners at The Denver Post in a separate interview. "Technically, every dispensary in the state is in blatant violation of federal law."
An October memo from Deputy U.S. Attorney General David Ogden said federal agents should not target people in "clear and unambiguous compliance with existing state laws providing for the medical use of marijuana," the Post reported. The memo led many in Colorado's medical-marijuana community to believe federal agents would no longer raid medical-marijuana dispensaries or growers.
Sweetin say the memo does nothing to change federal law, which makes marijuana illegal, and instead mostly addresses treatment of medical-marijuana patients and small-scale growers.
The Denver federal prosecutor's office confirmed it is interested in sizeable operations.
A spokesman for the office said he could not comment on Sweetin's remarks about dispensaries.
"The U.S. Attorney's office focuses its goal on prosecuting large-scale drug traffickers," said Jeff Dorschner, U.S. Attorney's office spokesman.
Registered: 01/19/09 Posts: 2,938 Last seen: 14 days, 2 hours
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: PNW FunGuy] #12022449 - 02/13/10 02:49 PM (2 years, 3 months ago)
Registered: 06/19/08 Posts: 559 Last seen: 1 year, 1 month
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: badreligion2good] #12022648 - 02/13/10 03:34 PM (2 years, 3 months ago)
Quote: badreligion2good said: the Colorado law has nothing describing how the dispensaries are to go about getting the pot, which they are allowed to sell.
So heres the deal: Dispensaries MAY sell marijuana in Colorado if they take care of the proper paperwork.
I doubt California will have issues such as this because their laws are more clear. So this is a Colorado thing.
Um... since when was it ok to sell pot threw a dispensary? They're still just as illegal as EVERYTHING else MMJ related. There's no... "Proper Paperwork" so that they can sell. otherwise there'd be no problem with personal growing with the "Proper Paperwork"... No matter what; its still federally illegal.
And "I doubt cali will have issues such as this..." umm... do you not realize that Cali had this first? AND has had SEVERAL (hundreds prolly by now...) dispensaries raided and shut down? And many many many arrested for not knowing how MMJ works? Their laws are SO not more clear. Thats why Cali just has rampant weed and major issues; while Colorado actually has Medicinal grade weed, and very very little problems untill now when all the little kiddies are getting their licenses and starting dispensaries...
P.S... Colorado Has more dispensaries then Cali; and only ONE has ever been raided. This may change cause of this douche tho...
This aint no "Colorado Thing"... This is some idiot trying to help MMJ out; but not doing it the right way... Colorado is taking it nice and slow...
Registered: 04/10/07 Posts: 412 Last seen: 2 hours, 57 minutes
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: Sparkey_STi] #12023308 - 02/13/10 05:43 PM (2 years, 3 months ago)
The guy was dumb for advertising his gray area business but that's beyond the point. There was an article I read about how medical cannabis is fucking up the cartel's profits in California. They get 2/3 of their cash flow from pot sales alone in the US. There is no way a stupid gangster can grow medicinal quality pot. The DEA needs to keep pot illegal to keep their rip and run funds. They need to let people know that they are the biggest drug gang.
They bitch about people making profit on pot...how about the name brand drug companies who have inflated their rates over 50% in 7 years which is double inflation over the same time period. These companies have caused way more harm than a million tons of pot ever could. Medical pot is a threat to these companies because it is much cheaper, so they lobby to the politicians to have the DEA bust them. The partnership for drug free america is sponsored by big tobacco, alcohol, and drug companies. Keeping drugs illegal inflates their value, so the cops/politicians can take everything instead of a fractional tax. The politicians also get their lobbying kick back so they are not likely to change drug laws. They dont care how much innocent families are torn apart or how much violence/crimes increase. We need LEAP and other strong groups to lead the way to exposure. Expose the lies and propaganda and get people riled up about how evil their leaders are. The baby boomers are mostly brainwashed but the DARE generation knows whats going on and will not stand for this. If you hear people speaking on issues and spewing propaganda in the street cut their bitch ass off and debate them until they blush. Kill these fucks one by one with a machine gun mind and a solid foundation of knowledge. I'll be damned if we are just going to sit here passively and allow these crooks to tell us what to do. The gov should fear their people not the other way around.
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: veggie] #12023714 - 02/13/10 06:49 PM (2 years, 3 months ago)
Quote: Special Agent Jeff Sweetin said: "We will continue to enforce federal law. That's what we are paid to do."
"Technically, every dispensary in the state is in blatant violation of federal law." "The time is coming when we go into a dispensary, we find out what their profit is, we seize the building and we arrest everybody. They're violating federal law; they're at risk of arrest and imprisonment."
Those are some harsh words. Either he is a rogue agent and his superiors will tell him to tone down the rhetoric or else Colorado is in for a major rash of DEA raids which will turn the medical marijuana industry in the state upside-down.
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: veggie] #12023952 - 02/13/10 07:26 PM (2 years, 3 months ago)
Registered: 02/19/09 Posts: 4,929 Loc: Turtle Island Last seen: 1 month, 15 days
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: utk] #12024309 - 02/13/10 08:32 PM (2 years, 3 months ago)
Quote: utk said: If you hear people speaking on issues and spewing propaganda in the street cut their bitch ass off and debate them until they blush. Kill these fucks one by one with a machine gun mind and a solid foundation of knowledge. I'll be damned if we are just going to sit here passively and allow these crooks to tell us what to do. The gov should fear their people not the other way around.
Awesome! I agree with this fully-- and in my opinion this is the most realistic way we will get these laws and attitudes changed.
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: shivas.wisdom] #12025898 - 02/14/10 05:26 AM (2 years, 3 months ago)
I always thought the feds should only get involved if the "crime" crossed state lines. In other words, they shouldn't care about the guy growing unless he was transporting it into another state...
Obviously there are two sets of laws in one place. That is not sustainable at all. How can something be both illegal and legal? The federal law will be tough to change... It will happen when the medical states unite and collectively tell the federal government to fuck off and leave the state's rights to the state.
--------------------
"I have sworn upon the altar of god eternal hostility against every form of tyranny over the mind of man" - Thomas Jefferson
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: Green_T] #12026263 - 02/14/10 08:05 AM (2 years, 3 months ago)
Quote: A memo in October from Deputy U.S. Attorney General David Ogden said federal agents should not target people in "clear and unambiguous compliance with existing state laws providing for the medical use of marijuana." The memo led many in Colorado's medical-marijuana community to believe that federal agents would no longer raid medical-marijuana dispensaries or growers.
the memo at best means only that the DEA would no longer make action against medical marijuana a top priority..but not that they would ignore it either...the big catch is that its strictly up to the DEA to determine "clear and unambiguous compliance"..which necessarily makes it impossible to meet that requirement...
that having been said..the DEA offensive is simply o'bumble trying to sop increasingly conservative swing voters OT1H.. while trying to attract corporate sponsorship (prisons..pharma..etc) OTOH...
interestingly..i had an earlier post on PAL on this topic..which went largely ignored ..
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: Annapurna1] #12026679 - 02/14/10 09:56 AM (2 years, 3 months ago)
I must be naive, because when the memo came out and the announcement was made that the DEA would no longer be targeting medical marijuana patients, caregivers, and dispensaries, unless they were in violation of state law, I thought that was the beginning of the end to the persecution and a renewal of state rights. I didn't think it was just a suggestion or optional.
DEA agent Sweetin said: "It's not medicine. We're still going to continue to investigate and arrest people." "[The memo] mostly addresses treatment of medical-marijuana patients and small-scale growers."
Small scale growers? In Colorado there are many licensed caregivers and dispensaries that have hundreds of legal state licensed medical marijuana patients. Legally, under Colorado state law, a caregiver may grow 6 plants on behalf of each patient. Ex: 100 patients X 6 plants = 600. Even if a caregiver has only 12 patients thats 72. All legal. There is talk of a changing the law to limit a caregiver to 5 patients, but that hasn't passed and probably won't. Even that would be 30 plants, still a " criminal organization" according to Sweetin.
I understand that marijuana is illegal under federal law, but for the DEA and Sweetin to target the sick and the people and businesses that care for them goes against the spririt and intent of the memo.
Registered: 10/05/03 Posts: 5,188 Loc: My stash box
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: veggie] #12026860 - 02/14/10 10:33 AM (2 years, 3 months ago)
Quote: veggie said: I understand that marijuana is illegal under federal law, but for the DEA and Sweetin to target the sick and the people and businesses that care for them goes against the spirit and intent of the memo.
It not only goes against the spirit and intent of the memo but it also goes against the manner in which we should be treating our fellow humans, especially the sick and dying. I doubt a single DEA agent anywhere has a shred of their soul intact. They're almost like drones and could easily be mistaken as one if they didn't blink on occasion.
-------------------- I'd like you to meet my local drug dealer
Bruce Campbell for a day! said: Go misidentify a mushroom please.
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: SuperD] #12027158 - 02/14/10 11:36 AM (2 years, 3 months ago)
DENVER - A medical marijuana lawyer says he's filed a complaint with the Justice Department after Drug Enforcement Administration agents arrested a man running a large medical marijuana operation in Highlands Ranch.
"What we are doing with this letter is filing a formal complaint with the Inspector General, Department of Justice which is tasked with investigating waste, fraud, abuse and misconduct. I think these actions yesterday fit all those categories," Attorney Rob Corry told 9Wants to Know Saturday.
DEA agents seized more than 150 marijuana plants from Chris Bartkowicz's house Friday near C-470 and University Boulevard, according to DEA Spokesman Mike Turner.
A federal official told 9NEWS a neighbor called the DEA after becoming concerned Bartkowicz was growing marijuana in the house.
Corry's letter to the Justice Department called for action to be taken against DEA Special Agent in Charge Jeff Sweetin, who ordered Friday's raid.
"I don't think they fully understand what they are doing. I don't think they fully understand the outrage from Colorado's population if they continue with this campaign of fear an intimidation," Corry told 9NEWS.
"I think it's a tactical error on their part and I think it's over reaching and the people will rise up and have something to say about this," he said.
Saturday night Sweetin responded in a statement to 9NEWS.
"DEA has received significant community support, especially from the Highlands Ranch community, of our enforcement actions yesterday. The targeting of criminal enterprises that profit significantly from the cultivation and distribution of marijuana remain a priority of the Department and DEA," he wrote.
"We will continue to do our job - to enforce the federal drug laws of the United States," Sweetin added.
Sweetin says even though state law allows for medical marijuana, federal law does not.
Bartkowicz was arrested the same day a news story on his medical marijuana growing operation was set to air on 9NEWS.
"I'm the poster boy now," Bartkowicz told 9Wants to Know in an interview from jail.
He said he believed his operation followed medical marijuana laws and wanted to show the public growers can be responsible.
"We work hard and aren't just people who want to smoke pot all the time," Bartkowicz said. "My intent was to show that growers care for houses. We construct well-made rooms for good growing environments."
"I figured I was in the right. I didn't figure I had anything to hide," he said. "If I am legal, why should I be in the shadows?"
The United States Attorney's office will review the evidence collected and could decide Tuesday if charges will be filed against Bartkowicz. He is also expected to make his first appearance in federal court on Tuesday.
Registered: 10/05/03 Posts: 5,188 Loc: My stash box
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: veggie] #12027250 - 02/14/10 11:53 AM (2 years, 3 months ago)
Registered: 02/27/08 Posts: 3,075 Loc: Last seen: 1 month, 8 days
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: veggie] #12027260 - 02/14/10 11:56 AM (2 years, 3 months ago)
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: dstark] #12027396 - 02/14/10 12:18 PM (2 years, 3 months ago)
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: veggie] #12027413 - 02/14/10 12:20 PM (2 years, 3 months ago)
Quote: veggie said: I must be naive, because when the memo came out and the announcement was made that the DEA would no longer be targeting medical marijuana patients, caregivers, and dispensaries, unless they were in violation of state law, I thought that was the beginning of the end to the persecution and a renewal of state rights. I didn't think it was just a suggestion or optional.
no..its not optional..unless the vendors are operating in violation of state law...but whether or not they are in violation of state law remains strictly up to the DEA to decide.. nor may state laws be used as a defense in a federal court...when viewed in that lite..the spirit of the memo is at best merely an order to deprioritize (but by no means terminate) actions against medical marijuana vendors.. and at worst orwellian doublespeak...
and BTW..advertizing your crops on the evening news doesnt help any either...
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: veggie] #12035834 - 02/15/10 05:35 PM (2 years, 3 months ago)
Validity of Bartkowicz pot bust to undergo first review Evidence from high-profile raid to be examined Tuesday
Colorado’s medical marijuana chronicles went federal this weekend when the state’s top drug cop, DEA special agent Jeff Sweetin, seemed to directly defy the Attorney General and the Obama administration by raiding a Highlands Ranch home a day after owner Chris Bartkowicz spoke to KUSA-TV 9News about his major basement marijuana grow operation. Bartkowicz showed 9News his medical-marijuana license and the documentation for the people to whom he serves as a caregiver. He said he was “living the dream.”
Sweetin and his agents were apparently embarrassed. They bombed into the Bartkowicz basement the next day, confiscated 120 marijuana plants and took Barkowicz into custody. Sweetin admitted that the “tip” came from 9News, that he became suspicious mainly because Bartkowicz said he aimed to earn around $400,000 a year growing pot.
“Four-hundred-thousand dollars a year goes beyond ‘I’m just a caregiver for sick people,’” Sweetin told the AP.
Does it? Under Colorado law, if all 120 plants were flowering, Bartkowicz would need to be a licensed caregiver for 20 patients. If only half the plants were flowering, he would need to be designated caregiver for 10 patients.
It’s not clear yet how many patients Bartkowicz was serving or how many of his plants were flowering at the time of the arrest.
Colorado’s voter-approved Constitutional amendment allows patients to possess up to 2 ounces of marijuana or for them or their caregivers to grow up to six marijuana plants for each patient– but the law also allows people to assert in court that they need more marijuana to treat patient ailments. Robert Corry, the state’s most prominent medical marijuana attorney, who has not spoken to Bartkowicz and is not representing him at the time, told the Colorado Independent Monday, that this could well be the situation with Bartkowicz.
“I doubt he would go so public if he didn’t think he was acting within the law,” Corry said.
Corry said that, regardless, the decision to raid Bartkowicz’s residence violated not only the Obama administration’s directive against enforcing federal marijuana laws in the 14 states that have legalized medical marijuana but also disregarded the Colorado constitution.
On Saturday Corry filed a complaint against the Justice Department and the DEA, calling Sweetin a “rogue agent” and alleging waste, fraud and abuse and misconduct of powers. He asked the department’s inspector general to discipline Sweetin and the other agents involved.
“The Department of Justice formal guidelines instruct federal agents to refrain from using federal resources for the investigation and prosecution of individuals who are in compliance with state laws governing the medical use of marijuana,” Corry wrote in the letter. “The guidelines evidence an appropriate respect for the voters’ will in states that have legalized medical marijuana.”
The policy in question, laid out in a three-page memo in October, states that authorities shouldn’t target people in clear compliance with state laws on medical marijuana. It also stated that agents should still be on the lookout for those posing as medical marijuana operators but marketing pot illegally. Indicators that people aren’t in compliance with the law, according to the memo, include amounts of marijuana and financial gains inconsistent with business approved by state law.
The October memo follows up on a March promise made during a press conference by Attorney General Eric Holder that the Justice Department would no longer raid medical marijuana dispensaries and grow operations established legally under state law. The announcement was hailed by medical marijuana advocates as signaling a major policy shift.
“What the president said during the campaign, you’ll be surprised to know, will be consistent with what we’ll be doing in law enforcement. He was my boss during the campaign. He is formally and technically and by law my boss now. What he said during the campaign is now American policy,” Holder said during the press conference.
After Holder’s announcement, Colorado’s medical marijuana industry bloomed. Less than a year after dispensaries started opening their doors, there are more than 400 in the Denver/Boulder Metro area alone. The number of people on the medical marijuana registry has also expanded, so quickly in fact that the state had to ask for more funds to process applications. There is now a three-month processing backlog. In July 2009 there were around 15,000 people on the registry. By December that number had grown to more than 28,000.
Still, Sweetin claims Bartkowicz was violating state law because he wasn’t taking care of enough patients to warrant growing more than 120 plants.
On Tuesday, the U.S. attorney’s office will review the evidence collected in the raid and decide whether to file charges. Bartkowicz is scheduled to make his first appearance in federal court that day.
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: veggie] #12040470 - 02/16/10 01:51 PM (2 years, 3 months ago)
Chris Bartkowicz charged with possession, intent to distribute 224 marijuana plants February 16, 2010 - Westword
Chris Bartkowicz, whose Highlands Ranch marijuana grow was raided by the Drug Enforcement Administration last Friday after he was interviewed by 9News, has instantly become a major figure in the debate over medical marijuana in Colorado, with attorney Rob Corry calling for agents involved in the operation to be sacked, and advocate Matt Brown suggesting that the DEA appears to be engaging in harassment tactics.
Expect this debate to intensify now that Bartkowicz has been formally accused of "possession with intent to manufacture, distribute or dispense 224 marijuana plants" -- a crime that could net him between five and forty years behind bars and a fine of $2 million.
The complaint -- read it by clicking here -- makes it clear that DEA special agent Jeffrey Sweetin, interviewed in Westword today, learned about Bartkowicz from the 9News piece and took things from there.
Moreover, a U.S. Justice Department press release specifically addresses the assertion by the likes of Corry that an October 2009 memo advising the federal government to defer to states that have made medical marijuana legal doesn't apply in this case, because Bartkowicz had more marijuana than the law allowed.
The supposed limit -- three full grown plants and three fledgling plants -- will no doubt be debated as this case moves forward. Expect a lot of hue and cry, as well as a ratcheting up of fear among members of the medical marijuana community.
Here's that press release: HIGHLANDS RANCH MAN ARRESTED FOR POSSESSION WITH INTENT TO DISTRIBUTE OVER 100 MARIJUANA PLANTS
DENVER -- Chris Bartkowicz, age 36, of Highlands Ranch, was charged today by Criminal Complaint for possession with intent to manufacture, distribute or dispense 224 marijuana plants, U.S. Attorney David Gaouette and DEA Special Agent in Charge Jeffrey Sweetin announced today. Bartkowicz was arrested without incident on Friday, February 12, 2010. He is scheduled to appear in U.S. District Court in Denver before U.S. Magitrate Judge Kristen L. Mix at 1:30 p.m. this afternoon.
According to a DEA affidavit, on February 12, 2010, DEA agents read an article on the internet that referred to an individual who was operating a marijuana cultivation operation. The reporter who wrote the article interviewed Chris Bartkowicz, who stated he was operating a large marijuana cultivation operation in the basement of his $637,000 Highlands Ranch home. Bartkowicz stated that his marijuana cultivation included a jungle of electrical wires and water hoses from room to room. According to the story Bartkowicz provided an electrical bill to the journalist that showed he owed $3,694.92 for the last two months of service.
Also on February 12, 2010, law enforcement contacted Bartkowicz and asked for his consent to search the residence. He signed a consent to search form. He was also read his Miranda warnings. Bartkowicz also signed an "Advice of Rights" form. During a search of the residence agents and officers were presented twelve marijuana care-giver certificates. Agents and officers also confiscated approximately 224 marijuana plants (approximate 119 in various stages with root systems) and approximately 105 "clones" or "starter" plants.
United States Attorney David Gaouette pointed out that the U.S. Attorney's Office is in full compliance of a Department of Justice memorandum issued on October 19, 2009 by Deputy Attorney General David W. Ogden. Specifically, according to the memo, medicinal marijuana growers' actions must be in clear and unambiguous compliance with existing state laws. Bartkowicz was not in compliance with state law. In this case, the defendant possessed amounts of marijuana in excess of the amount allowed by the state (3 full grown plants and 3 fledgling plants).
"In this instance the defendant had in his possession more plants than state law allows," said U.S. Attorney David Gaouette. "The U.S. Attorney's Office will continue to focus on large scale marijuana traffickers."
"The DEA continues to focus its resources on the investigation of major drug trafficking organizations that profit significantly from the cultivation and sale of marijuana and other illegal drugs," said Jeffrey Sweetin, Special Agent in Charge of the Denver DEA.
Bartkowicz is charged with possession with intent to manufacture, distribute, and dispense 224 marijuana plants. If convicted, the defendant faces not less than 5 and not more than 40 years in federal prison, as well as a $2,000,000 fine.
A Criminal Complaint is a probable cause charging document. Anyone accused of committing a federal felony crime has a Constitutional right to be indicted by a federal grand jury.
This case was investigated by the Drug Enforcement Administration (DEA).
The defendant is being prosecuted by Assistant U.S. Attorney Zachary Phillips.
The charges in the indictment are allegations, and a defendant has the right to be presumed innocent unless and until proven guilty.
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: veggie] #12040507 - 02/16/10 01:58 PM (2 years, 3 months ago)
Registered: 10/05/03 Posts: 5,188 Loc: My stash box
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: wowitch17] #12040564 - 02/16/10 02:08 PM (2 years, 3 months ago)
Registered: 03/11/08 Posts: 8,638 Last seen: 9 months, 5 hours
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: SuperD] #12040575 - 02/16/10 02:11 PM (2 years, 3 months ago)
Registered: 10/05/03 Posts: 5,188 Loc: My stash box
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: LSDreamer] #12040597 - 02/16/10 02:14 PM (2 years, 3 months ago)
I'll have to watch it, haven't seen it yet. Prick or not, no one deserves to be imprisoned for pot unless there's a real, actual crime occurring alongside it. I'm still facepalming at the fact he went to the local NEWS of all places to announce his grow to the world. Come the fuck on.
-------------------- I'd like you to meet my local drug dealer
Bruce Campbell for a day! said: Go misidentify a mushroom please.
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: veggie] #12040603 - 02/16/10 02:15 PM (2 years, 3 months ago)
either he honestly thought he was in compliance with medical laws or he has no common sense. im gonna go with the latter based on his TV interview touting the 400k he stood to make this year.
Re: [CO] Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [Re: veggie] #12040730 - 02/16/10 02:33 PM (2 years, 3 months ago)
Re: [CO] Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [Re: 5HTSynaptrip] #12040853 - 02/16/10 02:54 PM (2 years, 3 months ago)
this guy was in violation of state law. which allows 6 pants per patient. he had 12 patients, so a max of 72 plants could be at the grow. according to the DEA affidavit he had 18 or so plants per patient he was growing for(way more than the 6 allowed by colorado law. Assuming the DEA didnt fudge the number of plants to make it look like this is a crackdown on violation of state law, this raid follows the terms laid out by the US deputy attorney general regarding the feds cracking down on state medical MJ.
Registered: 03/11/08 Posts: 8,638 Last seen: 9 months, 5 hours
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: SuperD] #12040901 - 02/16/10 03:02 PM (2 years, 3 months ago)
Quote: SuperD said: I'll have to watch it, haven't seen it yet. Prick or not, no one deserves to be imprisoned for pot unless there's a real, actual crime occurring alongside it. I'm still facepalming at the fact he went to the local NEWS of all places to announce his grow to the world. Come the fuck on.
They deserve what they get when they blatantly bring it on themselves like this guy did
Registered: 09/15/09 Posts: 205 Last seen: 1 year, 4 months
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: LSDreamer] #12041211 - 02/16/10 03:48 PM (2 years, 3 months ago)
That seriously sucks, but he brought a lot of it on himself by showing his face, giving excessive detail about his location, basically spelling out how he has next to zero security for his 2,000 square foot, $400,000 Sour Diesel grow operation. His last statement in the clip about wanting to stay invisible made me cringe.
Registered: 03/11/08 Posts: 8,638 Last seen: 9 months, 5 hours
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: pdxgal79] #12041232 - 02/16/10 03:50 PM (2 years, 3 months ago)
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: LSDreamer] #12042984 - 02/16/10 07:36 PM (2 years, 3 months ago)
I don't know what this guy was thinking going on TV like that. He was under the mistaken impression maybe that he was bulletproof because, in his mind, he was operating legally under state law. He didn't mean to end up being a test case, but his ego got the better of him and there was definitely some showing off and bragging on his part. He went from "living the dream" to living a nightmare in just a few days. Definitely a stupid stupid move. He says he is the poster boy now. (The poster boy of stupid. I hope they don't use his facebook picture on the 'poster')
So now they are saying he wasn't legal after all because he had too many plants. Colorado allows 6 plants per patient. But the state does make allowances for patients who don't smoke their medicine, and increases that amount up to 24 plants, I believe. Either way he wasn't a 'dope dealer'. I'm sure he was only selling to his patients and legal dispensaries that in turn sold to legal patients. The DEA is like vultures flying overhead waiting to swoop in in case someone goes over the limit. It's like, this may be a poor example, if a woman has a restraining order against some guy who can't come within 2,000 feet and is being followed around by a cop all day. Maybe due to a curve in the road the guy ends up being 1,995 feet away, oops, and he gets arrested, locked up, and fined.
The people of Colorado want medical marijuana in their state. They are still working out all the details to make everyone happy. But, it has become accepted, people are used to dispensaries being part of the community and the money and jobs they bring in. Even non medical marijuana is decriminalized for the most part in the state, and many towns want to make it outright legal.
Generally when there is news about the DEA, it is in regard to marijuana. The DEA could very well find a better use for their time and resources. I think they should be disbanded, but while they are still here, we should find them something useful to do other than go after patients or the caregivers by nitpicking over whether someone may have a few too many plants. Fewer plants and Bartkowicz is perfectly legal, too many and he faces 40 years and $2,000,000 fine. Senseless.
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: veggie] #12045700 - 02/17/10 08:42 AM (2 years, 3 months ago)
He will be tried as a common drug dealer as no mention of 'medical marijuana' will be allowed in Federal court ...
Metro medical-pot provider charged, faces 40 years February 17, 2010 - Denver Post
Federal prosecutors Tuesday filed drug-distribution charges against a Highlands Ranch man who operated a massive basement marijuana garden that he said served medical-marijuana patients.
Chris Bartkowicz was charged with a single count in U.S. District Court and could face up to 40 years in prison and a $2 million fine, according to a court document.
Drug Enforcement Administration agents raided Bartkowicz's suburban home last week and seized 224 marijuana plants after he bragged about his basement garden in a television news report.
Bartkowicz told federal agents and 9News that he is a medical-marijuana patient and grows the marijuana to sell to other patients and dispensaries. Colorado voters approved the medicinal use of marijuana for certain patients in 2000, but Colorado U.S. Attorney David Gaouette said marijuana cultivation and distribution is still a federal crime, regardless of the drug's use.
"It's not unusual that we're presented with marijuana cases," Gaouette said.
The case is, however, the first high-profile federal prosecution in Colorado since the issuance of a Justice Department memo last year that told federal officials to lay off people operating in "clear and unambiguous" compliance with their state's medical-marijuana laws.
The memo says law enforcement officials should continue to pursue people who use state laws as a cover for illegal activities, including those who have more plants or are making more money than the state's law would seem to allow.
Bartkowicz's arrest affidavit says he could show DEA agents only 12 patient-registry cards naming him as a caregiver, leading agents to conclude he was growing well more than the six plants per patient that caregivers are allowed under state law. "He is certainly not clearly and unambiguously in compliance with state law," Gaouette said.
Had Bartkowicz been charged in state court, Colorado's constitution would have allowed him to argue as an "affirmative defense" that he is not guilty because all the plants were for medicinal use. But Gaouette said the Justice Department memo does not require federal prosecutors to first prove a violation of state law before pursuing a federal case, and Bartkowicz's medicinal defense will be meaningless in federal court, which doesn't recognize an exemption for medical marijuana.
Bartkowicz made his first appearance in court Tuesday and is scheduled later this week for a hearing on whether he should remain in custody.
In the meantime, local medical-marijuana attorney Rob Corry is continuing to press a complaint to the Justice Department's Office of the Inspector General, in which he charges that Bartkowicz's arrest and prosecution is a wasteful abuse of power in violation of the department's memo.
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: veggie] #12048958 - 02/17/10 04:36 PM (2 years, 3 months ago)
U.S. Attorney David Gaouette says bust justified -- and there may be more to come February 17, 2010 - Westword
Yesterday, the Justice Department formally accused Highlands Ranch's Chris Bartkowicz of "possession with intent to manufacture, distribute or dispense 224 marijuana plants" -- greenery the Drug Enforcement Administration discovered in his house thanks to a story on 9News, as DEA special agent Jeffrey Sweetin acknowledged in a Westword interview.
Since then, medical marijuana advocates such as Rob Corry and Matt Brown have been critical of the bust.
But U.S. Attorney David Gaouette, whose office is prosecuting Bartkowicz, feels the charges are wholly justified -- and he hints that other similar cases may crop up in the near future. "We are still considering some investigations that have been presented to us," he says.
When it comes to the Bartkowicz matter, Gaouette says he was directed by an October memo credited to Deputy Attorney General David Ogden that told federal agents how to handle potential violations in states, like Colorado, that have approved the use of marijuana for medical purposes.
"The memorandum said that when there's clear and unambiguous compliance with state law, the Justice Department isn't going to utilize its limited resources to investigate and prosecute individuals who are engaging in that type of conduct," he points out. "And the review of Mr. Bartkowicz's case and evidence that was presented to my office yesterday indicated that he far exceeded the number of marijuana plants allowed by Amendment 20 for the number of patients he had."
Bartkowicz had twelve patients, for whom he could have grown six plants apiece under the Amendment 20 guidelines -- a total of 72. According to the Justice Department, DEA agents seized 224 plants from his home last week.
As Gaouette points out, one of the bullet points in Ogden's memo says federal prosecution might be justified if the amount of marijuana possessed by a suspect was "inconsistent with purported compliance with state or local law." Given that Bartkowicz had over 150 more plants than Amendment 20 specifies, Gaouette felt the case met that standard.
Regarding the prospect of more prosecutions, Gaouette says, "The decision hasn't been made in at least a couple of cases I know of." He declines to go into more detail, although he confirms they have nothing to do with recent DEA raids on laboratories in Denver and Colorado Springs. In his words, "Those were administrative actions taken by the DEA for laboratories applying for a license, I believe. They were not criminal matters. There was no search warrant sought nor obtained from a federal district court judge or federal magistrate judge. So it was more of an administrative matter."
Still, Gaouette sees no reason to shy away from all prosecutions touching on marijuana until the Colorado state legislature pins down regulations of the medical marijuana industry.
"According to federal law, marijuana is illegal when possessed, and when possessed with the intent to distribute," he allows. "So we are going to proceed as we do in all cases. When an investigation's results are presented to our prosecutors, we'll examine those, whether they be marijuana or other controlled substances, or other potential violations of federal law. We'll assess the evidence and determine whether we should go forward.
"The only difference with marijuana is when there is an indication that it could be for medical purposes -- and then, we have the guidance from the DAG memo to assist us in determining whether a particular case would be something we should devote our resources to prosecuting."
From a legal perspective, marijuana isn't a positive or even benign resource, Gaouette says.
"Congress, as well as the state of Colorado, has determined that marijuana is a dangerous drug. It's a controlled substance, a schedule one controlled substance, and in the federal system, and in the state system, possession of a controlled substance is prohibited and it's a criminal act.
"As we know, Amendment 20 has amended the Colorado state constitution to carve out exemptions and affirmative defenses for the general proposition or law that prohibits the use of marijuana. But we don't need to wait for the state legislature to interpret the amendment. The guidance we have from the deputy attorney general is sufficient for us to do our job, which is to enforce the federal law."
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: veggie] #12055672 - 02/18/10 04:50 PM (2 years, 3 months ago)
Bartkowicz to be released on bond February 18, 2010 - 9news.com
DENVER - A federal magistrate judge agreed to a $10,000 cash bond and home confinement for a medical marijuana grower arrested by Drug Enforcement Administration agents Feb. 12.
Chris Bartkowicz appeared in federal court in downtown Denver Thursday afternoon. He is charged with one count of possession of marijuana with the intent to distribute.
The magistrate judge said Bartkowicz will not be released until a home monitoring system is set up.
He must seek employment, refrain from alcohol and marijuana, submit to urinalysis testing and go through drug abuse testing while he awaits trial. A trial date has not been set.
Bartkowicz' attorney, Joseph Saint-Veltri, made a motion to preserve the plants taken from Bartkowicz's home by agents with the DEA. The magistrate said the plants are not being watered and are still sitting in boxes. A hearing was set for Friday morning to hear arguments on the issue.
Federal investigators say Bartkowicz had 224 plants in various stages of development at his Highlands Ranch home near C-470 and University Boulevard.
"He was in violation of federal laws and he had the intent to distribute marijuana," U.S. Attorney David Gaouette told 9Wants to Know Tuesday.
Gaouette said Bartkowicz wasn't following state medical marijuana laws either.
"He is in possession far in excess of what the state law allows a caregiver to have as far as marijuana," Gaouette said.
Gaouette said while he has more than 200 plants, Bartkowicz produced proof of only 12 patients he cared for.
State law allows caregivers to have six marijuana plants per patient. The law says people who have more can show "that such greater amounts were medically necessary to address the patient's debilitating medical condition."
If convicted, the charge carries a prison term of five to 40 years.
In a jail house interview Saturday, Bartkowicz said each plant he grew was medically necessary for him or his patients.
Bartkowicz, who has a medical marijuana license, said he believed his operation followed medical marijuana laws.
Bartkowicz said he believed federal agents would not target his grow operation after an October memo from the U.S. Attorney General's office to federal prosecutors setting marijuana guidelines for federal agents.
"The guidelines make clear that the focus of federal resources should not be on individuals whose actions are in compliance with existing state laws," said a press release on Oct. 19, 2009 from the U.S. Attorney General's office.
"...Prosecution of individuals with cancer or other serious illnesses who use marijuana as part of a recommended treatment regimen consistent with applicable state law, or those caregivers in clear and unambiguous compliance with existing state law who provide such individuals with marijuana, is unlikely to be an efficient use of limited federal resources," wrote David Ogden, Deputy Attorney General in the memo.
The memo directs federal prosecutors to focus on significant traffickers of illegal drugs.
"...The disruption of illegal drug manufacturing and trafficking networks continues to be a core priority in the department's efforts against narcotics and dangerous drugs, and the department's investigative and prosecutorial resources should be directed towards these objectives."
Special Agent in Charge of the Denver office of Drug Enforcement Administration Jeff Sweetin said Monday his agents will not target medical marijuana dispensaries unless there are unusual circumstances.
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: veggie] #12057515 - 02/18/10 09:44 PM (2 years, 3 months ago)
Quote: He must seek employment, refrain from alcohol and marijuana, submit to urinalysis testing and go through drug abuse testing while he awaits trial.
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: veggie] #12060541 - 02/19/10 02:26 PM (2 years, 3 months ago)
Highlands Ranch marijuana case could set federal precedent February 19, 2010 - Denver Post
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."
Registered: 10/05/03 Posts: 5,188 Loc: My stash box
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: veggie] #12060588 - 02/19/10 02:35 PM (2 years, 3 months ago)
I bet he's kicking himself in the ass for going public. He had such a good thing going for himself and he fucked it up for seemingly no reason. The thing that upsets me most is hearing you can't mention the words 'medical marijuana' during trial.
How would they stop a defendant in federal court from blurting out "I GROW MEDICAL MARIJUANA AND AM LICENSED IN THE STATE TO DO SO."? Wouldn't that nullify the case? I would shout that at the top of my lungs in court if I were in his position while on trial. What would they do, escort you out of the court room? By that point the jury would have to be thrown out and reselected I would think.
-------------------- I'd like you to meet my local drug dealer
Bruce Campbell for a day! said: Go misidentify a mushroom please.
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: SuperD] #12060787 - 02/19/10 03:10 PM (2 years, 3 months ago)
Quote: SuperD said: How would they stop a defendant in federal court from blurting out "I GROW MEDICAL MARIJUANA AND AM LICENSED IN THE STATE TO DO SO."? Wouldn't that nullify the case?
No, this is federal court. Marijuana has no accepted medical use and is completely illegal. Seems like a slam dunk case.
Registered: 10/05/03 Posts: 5,188 Loc: My stash box
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: FractalDust] #12060819 - 02/19/10 03:17 PM (2 years, 3 months ago)
Quote: SuperD said: How would they stop a defendant in federal court from blurting out "I GROW MEDICAL MARIJUANA AND AM LICENSED IN THE STATE TO DO SO."? Wouldn't that nullify the case?
No, this is federal court. Marijuana has no accepted medical use and is completely illegal. Seems like a slam dunk case.
Oh I agree with that, but my question was how do they stop defendants in fed court from screwing the case up by shouting out things like that?
-------------------- I'd like you to meet my local drug dealer
Bruce Campbell for a day! said: Go misidentify a mushroom please.
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: SuperD] #12060826 - 02/19/10 03:19 PM (2 years, 3 months ago)
Registered: 06/26/09 Posts: 459 Last seen: 9 months, 25 days
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: FractalDust] #12061071 - 02/19/10 04:02 PM (2 years, 3 months ago)
Fucking despicable. Did Obama not order the DEA to stop going after legal by state law MMJ operations? He should fire all the dickheads responsible for this.
Yes the guy was pretty dumb to go on TV about it, but still, he doesn't deserve to go to jail.
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: NoxNoctum] #12061080 - 02/19/10 04:05 PM (2 years, 3 months ago)
Quote: NoxNoctum said: Fucking despicable. Did Obama not order the DEA to stop going after legal by state law MMJ operations? He should fire all the dickheads responsible for this.
This guys grow was not at all legal even under state law.
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: FractalDust] #12061359 - 02/19/10 04:58 PM (2 years, 3 months ago)
>Medical marijuana has absolutely nothing to do with this case.<
Technically that's right because it's in Federal court. But this case absolutely has everything to do with medical marijuana. That's what he was growing, that's what he was selling. He is not a big bad drug dealer. He was growing on behalf of patients, selling to patients and dispensaries who sell to patients.
Not being able to testify that this was medical marijuana is like, here I go again with my off the wall analogies, if a black man is in court for murder in the first for shooting three white men. And the court will not let witnesses or police testify that the three white men broke into his house at night and were beating him with bats at the time of the shooting. If he is not allowed to tell the truth the whole truth, and nothing but the truth a prejudiced jury will convict him of murder, no doubt. Just as in this case, a prejudiced jury, without knowing the truth, will convict of Bartkowicz of being a drug dealer.
>This guys grow was not at all legal even under state law.<
That has yet to be determined. And that should be determined in state court not federal. People in Colorado want medical marijuana. Colorado, like other mmj states, are still fine tuning the laws and determining the best way to distribute marijuana. The Federal government needs to stand down until that has happened. In a recent case in Colorado, the defendant successfully argued the constitutional amendment voters approved in 2000 contains a provision that allows patients to ultimately decide the amount of marijuana that gives them relief. He won that case and had 17 times the 2 ounce 'limit'. If a patient chooses not to smoke the medicine, they can have 24 plants, not the 6 plant 'limit'.
Registered: 02/19/09 Posts: 4,929 Loc: Turtle Island Last seen: 1 month, 15 days
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: veggie] #12061392 - 02/19/10 05:05 PM (2 years, 3 months ago)
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: shivas.wisdom] #12062055 - 02/19/10 07:09 PM (2 years, 3 months ago)
There's a fear down here we can't forget Hasn't got a name just yet Always awake, always around Singing ashes to ashes all fall down Ashes to ashes all fall down
Now watch as the ball revolves and the nighttime falls And again the hunt begins and again the bloodwind calls By and by again, the morning sun will rise But the darkness never goes from some men's eyes
It strolls the sidewalks and it rolls the streets Staking turf, dividing up meat Nightmare spook, piece of heat It's you and me, you and me
.....and the politicians are all throwing stones,while the kids they laugh they shake their bones
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: veggie] #12079669 - 02/22/10 06:51 PM (2 years, 3 months ago)
Chris Bartkowicz attorney Joseph Saint-Veltri on conflicts between federal, state marijuana law February 22, 2010 - Westword By Michael Roberts
Many of the attorneys who specialize in medical marijuana issues in Colorado speak, including Rob Corry, Lauren Davis and Brian Vicente, speak openly about cases while they're in progress.
Joseph Saint-Veltri, lawyer for Chris Bartkowicz, the medical marijuana grower whose Highlands Ranch home was raided by the Drug Enforcement Administration after talking about his operation on 9News, takes a more old-school approach, declining to discuss ongoing legal developments even when they're positive -- like a Friday ruling ordering the DEA to preserve some of the marijuana seized from Bartkowicz's residence.
However, Saint-Veltri agreed to chat in a general way about the inherent conflicts between federal and state marijuana law -- and his comments highlight some of the fascinating legal questions likely to be addressed in future litigation.
"Colorado is in a unique position," Saint-Veltri notes, "because medical marijuana is the subject of a constitutional amendment, which elevates its stature above, for instance, a state that has merely passed a statute. Because, as you know, the legislative branch approves statutes written by representatives of the people, but only rarely do the people themselves vote on any issue.
"In this case, they did," he continues, "and as I understand it, they overwhelmingly approved the constitutional amendment that provides for the use of marijuana for medical purposes and activities allied with the use of medical marijuana, such as its production."
(Amendment 20's margin of victory in the 2000 election was approximately 53.8 percent in favor, 46.2 percent opposed.)
The nuts-and-bolts aspect of implementing Amendment 20 are particularly key, in Saint-Veltri's opinion.
"A doctor could write a prescription for a multitude of different drugs that, let's say, would be referred to in the vernacular as mood-altering drugs," he points out. "And presumably, that prescription would be filled by a pharmacist, and presumably some of us would have insurance that would cover it. But no pharmacy carries marijuana, and Merck is not in the practice of producing marijuana."
For this reason, the portions of Amendment 20 that pertain to production "are fairly extensive and panoramic, and in many ways, very specific" Saint-Veltri believes. "And I hope no one assumes that people who voted for it didn't know what they were voting for. The amendment has been degraded by those kinds of comments. But it was approved by a popular vote, and there was opposition to it -- well-funded opposition, as I understand it. I imagine the people in favor of the amendment were well-funded, also. But the final results bring into play the concept of populism, and that's what the vote is for."
The rub? "According to the federal authorities, some aspects of the amendment are in conflict with Title 21 of the U.S. Code, which is the Controlled Substance Act of 1970 as it's been amended from time to time," Saint-Veltri says.
Which takes precedence -- the federal code or the state constitution? That's a compelling question, in Saint-Veltri's view.
"This was not a state statute passed by a rogue legislature," he stresses. "It was well-debated, with compelling evidence given on both sides of the issue, with the voters determining that the more compelling evidence was presented on the side of the amendment, which passed. So it's a constitutional amendment in conflict with a federal statute.
"Let's turn that around for a second. Suppose it was a state statute in conflict with the federal constitution. The result there would be unmistakably easy to predict: The federal constitution prevails over any state statute that's directly in conflict with it. But once again, that isn't the case."
A court resolution of this issue "may not be as broad as we might speculate," Saint-Veltri feels. "If we reduce it to the smallest concern of controversy, it would be: In a federal prosecution, is the defendant, the accused, entitled to have a jury that is trying him instructed that it is a defense to the federal charge that the defendant had a good faith belief that he was in full compliance with the state law -- and, in this case, let's say adjunctly, in compliance with what has been called the Holder Memorandum."
Saint-Veltri refers to an October memo penned by Deputy Attorney General David Ogden at the behest of Attorney General Eric Holder. The document gives the Justice Department instructions about how to proceed and when to back off in relation to the potential prosecution of marijuana cases in states that have approved use of the substance for medical purposes.
To Saint-Veltri, the memo (he sees it as more of "an encyclical") "does not directly provide any real guidance as prosecutorial policy," in part because of its references to "resource allocation." He elaborates:
"Suppose some federal district has more resources than another district. If resource allocation and deployment of resources is the core and compelling principle in this memorandum, are they then entitled or permitted or authorized to prosecute more medical marijuana cases than another district that doesn't have as many resources available? I think the memo says it would be an unwise use of limited resources to prosecute a cancer patient for marijuana use, which is not exactly a profundity. But once again, it's not a prohibition. It doesn't say, 'You shall not prosecute.' It merely observes that it would be unwise."
As such, the memo "is subject to different determinations," Saint-Veltri allows. "And the DEA has chosen to interpret it in a way that's on one side of the controversy."
Of course, other interpretations are possible as well -- which dovetails back to the subject of jury instructions.
"If," Saint-Veltri wonders, "a jury was instructed that a defendant had a good faith belief that he was in compliance with the state law, and adjunctly, a good faith belief that he believed it would be an unwise allocation of resources to prosecute him, or some variation on that, should a jury be allowed to consider that in determining whether to acquit the defendant?"
A defendant's motivations are also important to consider, Saint-Veltri says: "To elevate the possession of a controlled substance from a misdemeanor to a felony, the prosecution is presumably required to prove that you possessed it with the intent to distribute the controlled substance" -- something that would likely be more difficult to prove from a criminal standpoint if an individual is allowed to show that he felt he was in compliance with state laws and Justice Department guidelines.
According to Saint-Veltri, "There are a lot of issues that seem to be connected to this discussion. So I leave it to other more knowledgeable and educated individuals to take up the task of informing us what all of that means. And I'll bet you they are out there and willing to speak."
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: veggie] #12081741 - 02/23/10 03:48 AM (2 years, 3 months ago)
EDIT: Correct me if i'm wrong, but wasn't segregation abolished from the federal level before the state, by an executive order from the president? I really hope this case wins...
I think most states will eventually adopt legal mj, and then the feds will get on board forcing the last few states to adopt it as well, as it happened with civil rights of the race (as opposed to liberty) variety.
--------------------
"I have sworn upon the altar of god eternal hostility against every form of tyranny over the mind of man" - Thomas Jefferson
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: veggie] #12172287 - 03/09/10 04:14 PM (2 years, 2 months ago)
Bartkowicz expected to plead guilty March 9, 2010 - 9news.com
DENVER - A metro area man busted by federal agents after growing medical marijuana in his home is expected to plead guilty to a drug charge, 9Wants to Know has learned.
Drug Enforcement Administration agents raided the home where Chris Bartkowicz, 36, lived in Highlands Ranch near C-470 and University Boulevard last month. Agents say they discovered 224 marijuana plants in various stages of development.
Bartkowicz pleaded not guilty on March 5 to a federal charge of possession of marijuana with intent to distribute. That same day, Bartkowicz's attorney filed a notice of disposition telling a judge that the prosecution and defense have reached an agreement in the case and a change of plea proceeding is needed.
"The prosecution and defense are waiting for a judge to set a change of plea hearing date, where [Bartkowicz] will be given an opportunity to plead guilty," U.S. Attorney spokesman Jeff Dorschner told 9Wants to Know.
Any details of a plea agreement would not be made public until a plea hearing, Dorschner said.
Bartkowicz told 9Wants to Know last month he grew the marijuana for medicinal use for himself and people he cared for.
If convicted of the federal drug charge, Bartkowicz faces five to 40 years in a federal prison.
In a jailhouse interview, Bartkowicz told 9Wants to Know each plant he grew was medically necessary for him or his patients.
U.S. Bureau of Prisons records show Bartkowicz is still being held in a federal jail.
Bartkowicz is expected back in federal court on March 12 at 10 a.m. in front of Magistrate Judge Craig Shaffer.
Registered: 11/30/08 Posts: 57 Last seen: 3 months, 8 days
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: veggie] #12173979 - 03/09/10 08:15 PM (2 years, 2 months ago)
A guilty plea is the opposite of what needs to be done. This needs to be battled out in court. I bet he doesn't have the ridiculous amount of money needed to see it through. What a shame...
Registered: 03/11/08 Posts: 8,638 Last seen: 9 months, 5 hours
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: Wingnutt] #12174077 - 03/09/10 08:29 PM (2 years, 2 months ago)
Quote: Wingnutt said: A guilty plea is the opposite of what needs to be done. This needs to be battled out in court. I bet he doesn't have the ridiculous amount of money needed to see it through. What a shame...
He'd get the shit kicked out of him in court and end up with 40 years. He was in clear violation of federal law, and probably in violation of state law.
Registered: 02/20/08 Posts: 2,810 Last seen: 1 year, 9 months
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: LSDreamer] #12174190 - 03/09/10 08:51 PM (2 years, 2 months ago)
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: veggie] #12398173 - 04/15/10 11:30 AM (2 years, 1 month ago)
Colorado pot case highlights growers' worries April 15, 2010 - Associated Press
DENVER — Pot smoker Chris Bartkowicz thought he had hit pay dirt, bragging to a local television station he would make $400,000 off a basement medical marijuana operation in a well-heeled Denver suburb where neighbors had no idea what he was growing.
A day after KUSA-TV aired his story in February, the Drug Enforcement Administration paid a visit, seizing more than 200 plants and charging Bartkowicz with cultivating marijuana, a federal crime punishable by five to 40 years in prison and a $2 million fine.
The first-of-its-kind case since Colorado voters approved medical marijuana in 2000 has alarmed growers across Colorado, prompted a U.S. congressman to decry federal drug enforcement and put Denver's DEA chief on the defensive.
The case underscores the ongoing pressure points over the use of medical marijuana. Bartkowicz had state medical clearance to smoke pot and was a designated grower for other patients. But U.S. prosecutors say even if he was following state guidelines, the drug remains illegal under federal law, despite the Obama administration's decision to relax prosecution guidelines for medical marijuana last year.
Bartkowicz's lawyer, Joseph Saint-Veltri, has declined comment but submitted a legal brief saying Colorado law should be respected. He even quoted a Federalist Paper penned by James Madison extolling states' right to legislate "lives, liberties and properties of the people."
Jeff Sweetin, special agent in charge of the DEA's Rocky Mountain Region, said state and local police hesitate to go after pot growers because of the conflict between state and federal law. Federal authorities are the only ones left to enforce marijuana laws, he said.
"I'm not here to be the regulator of medical marijuana," Sweetin said, adding he'd prefer to "work the highest-level drug-trafficking organizations."
Instead, he fields daily phone calls and e-mails about medical marijuana growers. Half want the DEA to ignore them; half want the DEA to bust neighborhood dispensaries, he said.
A brief filed in Bartkowicz's case by U.S. Attorney David Gaouette argues that no matter what Coloradans voted for, no grow operation gets a federal pass.
"Colorado's state drug law does not, and cannot, abrogate federal drug laws," Gaouette wrote.
Last year, Deputy U.S. Attorney General David Ogden released a memo saying federal prosecutors wouldn't pursue marijuana dispensaries following state law. Many activists credit Ogden's memo with the recent explosion in marijuana dispensaries in states that allow medical marijuana.
"Because of the Ogden Memorandum, the federal government has induced the citizens of Colorado to believe and conclude that they will not be prosecuted or their property seized," Saint-Veltri wrote in his brief.
Bartkowicz was expected to attend a plea hearing Friday, but Saint-Veltri sought a delay Wednesday, saying he'd lost touch with his client, who couldn't be reached for this story.
Democratic Rep. Jared Polis decried Bartkowicz's arrest in a Feb. 23 letter to U.S. Attorney General Eric Holder. Polis called Colorado's marijuana approach "both practical and compassionate" and asked Holder to clarify how federal drug authorities plan to address marijuana growers. Polis hasn't gotten a reply, an aide said this week.
Fear of federal prosecution is choking a growing business, marijuana advocates say.
"It has been an intentional tactic from the DEA to show some muscle and show who's boss by busting marijuana growers," said Brian Vicente, head of Sensible Colorado, a marijuana legalization group.
He hopes Bartkowicz's arrest prompts a backlash against the DEA.
"They may have ended up just making a martyr of him and turned the public more in favor of legalization," Vicente said.
In rural Walsenburg, about 150 miles south of Denver, farmer Mike Stetler turned to marijuana after a career growing lettuce and tomatoes. When one of his greenhouses was raided by local authorities in 2008, Stetler set out to persuade officials he's no criminal. He even hosted county commissioners on a greenhouse tour last fall.
"They think we're like a Mexican drug cartel, selling on the streets," said Stetler, 54, who said he started growing marijuana because his daughter uses it for multiple sclerosis.
"We're constantly trying to educate law enforcement, and it's getting better. I think they realize this business is inevitable," Stetler added. "But the fear of federal agents coming down, taking your plants, that's always there."
Stetler wasn't charged with a crime, but 44 plants seized in the raid weren't returned.
Registered: 10/05/03 Posts: 5,188 Loc: My stash box
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: veggie] #12398242 - 04/15/10 11:42 AM (2 years, 1 month ago)
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: SuperD] #12406205 - 04/16/10 08:03 PM (2 years, 1 month ago)
Chris Bartkowicz Changes Mind, Vows To Fight Charges April 16, 2010 - Associated Press
A suburban Denver marijuana grower who insisted he was abiding by state law is taking on federal authorities who charged him with illegal cultivation after he talked on TV about growing pot.
Chris Bartkowicz is charged with cultivating marijuana, a federal crime punishable by five to 40 years in prison and a $2 million fine. He had been set to change his plea of not guilty in federal court Friday. Instead, his lawyer said Bartkowicz plans to go to trial.
The next step is a federal indictment. Bartkowicz said he wants to clear his name but wouldn't say why he originally planned to change his not guilty plea.
"I'd love to put this story straight but I'll let the court figure it out," he said.
Bartkowicz got into trouble in February after talking to KUSA-TV about growing marijuana, calling it his "golden ticket" and saying he'd make $400,000 off the plants in his tony Highlands Ranch home.
A day after parts of the story aired, the U.S. Drug Enforcement Administration seized more than 200 plants from Bartkowicz's basement. Though Colorado has allowed medical marijuana under certain circumstances since 2000, pot remains illegal under federal law.
Bartkowicz's case sparked national attention because he first argued he was following Colorado law on growing medical marijuana for patients who designated him to do so. Federal prosecutors said he had more plants than the state permits, though they are careful to point out that state laws on marijuana wouldn't matter in a federal court. Marijuana activists have seized the case to argue growers are being targeted by federal drug authorities despite having state clearance.
U.S. Rep. Jared Polis, a Democrat, decried DEA tactics in a February letter to U.S. Attorney General Eric Holder. Polis wrote that the federal government signaled in memos last year it would "respect" state laws and urged the DEA to clarify its enforcement policies. Polis hasn't gotten a response.
Bartkowicz, who is free on bond, wouldn't say whether he'd argue in court that he was following state law. Federal prosecutors say that isn't a valid defense in federal court.
Before the hearing, a reporter asked what he made of his fame among marijuana activists who see him as a martyr.
"I don't want to be that guy," Bartkowicz said. He noted he'd moved out of his home and is staying "on a friend's couch."
His lawyer, Joseph Saint-Veltri, declined to comment about defense strategy.
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: veggie] #12510807 - 05/05/10 12:34 PM (2 years, 25 days ago)
In February, HIghlands Ranch's Chris Bartkowicz showed off his home medical marijuana grow to Channel 9, after which he was promptly busted by the DEA -- an arrest that earned criticism from MMJ advocate Rob Corry and even Representative Jared Polis.
Despite such support, Bartkowicz reportedly planned to plead guilty in relation to the charges against him -- but last month, he changed his mind. That led to the U.S. Attorney's Office formally indicting Bartkowicz on three counts related to possession and intent to distribute marijuana. And the potential punishment if he's found guilty could be hefty.
The four-page indictment -- click here to read it -- declares that if convicted of the offenses, Bartkowicz "shall forfeit to the United States any and all property, real or personal, constituting or derived from any proceeds the said defendants obtained directly or indirectly as a result of the said violations and any and all property used or intended to be used in any manner or part to commit and to facilitate the commission of the violations alleged."
But that's only the beginning. A release from the U.S. Attorney's Office notes that Bartkowicz faces between five and forty years in prison plus up to a $2 million fine if the ruling goes against him. And that's only if he has no previous felony drug convictions. If he does (and there's no reference to priors in the document), the sentence could go up to sixty years in stir because his home was within 1,000 feet of a school.
Read the entire release below:
Quote: HIGHLANDS RANCH MAN, CHRISTOPHER BARTKOWICZ, INDICTED FOR MARIJUANA DISTRIBUTION OPERATION
DENVER -- Christopher Bartkowicz, of Highlands Ranch, Colorado, was indicted by a federal grand jury late yesterday on charges of distribution and possession with intent to distribute 100 or more marijuana plants, regardless of weight, maintaining a drug-involved premises, and distribution or manufacturing near a school, United States Attorney David Gaouette and Drug Enforcement Administration (DEA) Special Agent in Charge Jeffrey Sweetin announced. The defendant is free on a $10,000 secured property bond
Bartkowicz was first charged by Criminal Complaint on February 16, 2010 after the DEA conducted a consensual search at Bartkowicz's residence. Barkowicz later waived his right to indictment, and was charged by Information on March 5, 2010. At a change of plea hearing on April 16, 2010, scheduled at the request of the defendant, Bartkowicz announced his intention to go to trial on the charges. The grand jury then returned the 3 count indictment yesterday.
According to the indictment, on February 12, 2010, Bartkowicz knowingly and intentionally manufactured, distributed, dispensed, and possessed with intent to distribute 100 or more marijuana plants, regardless of weight. Also, between December 12, 2009, and February 12, 2010, Bartkowicz knowingly leased, rented, used and maintained a place, whether permanently or temporarily, for the purpose of manufacturing, distributing, and using any controlled substance, which in this case was marijuana. Lastly, on February 12, 2010, the defendant knowingly and intentionally manufactured, distributed, dispensed, and possessed with intent to distribute a quantity of 100 or more marijuana plants, regardless of weight, within 1000 feet of a school, namely Sand Creek Elementary.
The indictment also includes a forfeiture allegation, which states in part that Bartkowicz shall forfeit to the United States any and all property, real or personal, constituting or derived from any proceeds the defendant obtained directly or indirectly as a result of the crime alleged, and any and all property used in any manner or part to commit and to facilitate the commission of the violations alleged in the indictment.
If convicted of distribution and possession with intent to distribute 100 or more marijuana plants, regardless of weight, the defendant faces not less than 5 years, and not more than 40 years in federal prison, as well as a fine of not more than $2,000,000. Regarding this count, if the defendant has prior convictions for separate felony drug offenses, then he faces not less than 10 years, and up to life in prison, as well as a $4,000,000 fine. If convicted of maintaining a drug-involved premises, the defendant faces not more than 20 years in federal prison, and up to a $500,000 fine. If convicted of distribution or manufacturing in or near schools, and the defendant has at least one prior felony drug conviction, then he faces three times the maximum punishment, which in this case is 60 years imprisonment.
This case was investigated by the Drug Enforcement Administration (DEA).
The defendant is being prosecuted by Assistant U.S. Attorneys M.J. Menendez and Robert Mydans.
The charges contained in the indictment are only allegations and the defendant is presumed innocent unless and until proven guilty.
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Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: veggie] #12510912 - 05/05/10 12:56 PM (2 years, 25 days ago)
Five and forty years? Come on America..pull your head out of your ass already. That is sickening. On the other hand, that guy is an idiot for boasting about how much he stood to profit from his grow. Loose lips sink ships - including your own.
-------------------- I'd like you to meet my local drug dealer
Bruce Campbell for a day! said: Go misidentify a mushroom please.
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: SuperD] #12511101 - 05/05/10 01:39 PM (2 years, 25 days ago)
Quote: SuperD said: Five and forty years? Come on America..pull your head out of your ass already. That is sickening. On the other hand, that guy is an idiot for boasting about how much he stood to profit from his grow. Loose lips sink ships - including your own.
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: dwpineal] #12970523 - 07/29/10 04:16 AM (1 year, 9 months ago)
Registered: 06/19/08 Posts: 559 Last seen: 1 year, 1 month
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: Simisu] #12971498 - 07/29/10 11:00 AM (1 year, 9 months ago)
Registered: 10/05/03 Posts: 5,188 Loc: My stash box
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: Sparkey_STi] #12973377 - 07/29/10 04:31 PM (1 year, 9 months ago)
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: SuperD] #12975583 - 07/30/10 02:53 AM (1 year, 9 months ago)
they could have found him only by that electricity bill it's not hard to call the electric company and ask them to look at the recent records with a specific number on mind
--------------------
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Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: Simisu] #12976206 - 07/30/10 09:25 AM (1 year, 9 months ago)
Quote: Simisu said: they could have found him only by that electricity bill it's not hard to call the electric company and ask them to look at the recent records with a specific number on mind
That just proves he uses a lot of electricity - how would they catch him by just that? Or did you mean so that they could use the "frequency detection" device that can pull your devices electronic signatures individually and find out that you're driving HID lights.
I doubt a ring to the electric company would do much... as long as they're getting their money - they care not what your using the electricity for... Running HID lights is not illegal as the cops found out one day. Theres a video i watched where cops busted in on a grow op... for pine trees. It was this big police sting... set up by an ex cop.
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: Sparkey_STi] #12979790 - 07/31/10 01:42 AM (1 year, 9 months ago)
well... the electric company also has billing addresses of course, hence i was referring to that being easier (finding him, not finding convicting evidence) then flying over the block with a helicopter
i'm not saying anything about why he was using electricity
--------------------
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Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: Simisu] #12979841 - 07/31/10 02:10 AM (1 year, 9 months ago)
Quote: Simisu said: well... the electric company also has billing addresses of course, hence i was referring to that being easier (finding him, not finding convicting evidence) then flying over the block with a helicopter
i'm not saying anything about why he was using electricity
Im not sure i get what your saying. How is a billing address, and the electricity company going to "find" a person? Flir gives a good indication of grows by use of heat signature. Electricity company has nothing. Electricity usage is not illegal. (Neither is heat... but in some who's going to live in a 90 degree room with the rest of the house 60?!) You can have my address - if you dont have information i dont care. But if you have information on me, you probably have a warrant - thus having already obtained my address.
Also, cops can get into DOT records and treasury department files (most) are public record. So with just a name, or address - you can get the other. No need for the electric company at all. That'd just be more work.
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: Sparkey_STi] #12980578 - 07/31/10 09:35 AM (1 year, 9 months ago)
Quote: Sparkey_STi said: Just think... i wonder what would have happened if he had kept his identity a secret...
let me paint you the picture i'm talking about...
considering this guy did not appear in the video, all we were told is more or less the neighborhood or area, we were shown the number of a recent electric bill and no other identifying detail about this person and the police saw this video too. the police decides to go after this person but from the video the only thing they know about him is a very irregular electric bill for a residential zone (i assume) then i imagine they could order the electric company (of course with some warrant or however they do it) to find a match for that number and that zone within the last few months/years... i assume that once they find a match put it to a name and a billing address or the source for the bill, they know all they need to go knocking on his door. sounds to me more simple and cost effective then flying choppers, it's called detective work i think...
Quote: Also, cops can get into DOT records and treasury department files (most) are public record. So with just a name, or address - you can get the other. No need for the electric company at all. That'd just be more work.
in this case the cops don't have his name or address, that's why i offered this option as something easier then flying choppers. maybe you lost me somewhere?
anyway... this really isn't important to be wasting more time on...
i'll ask again,
anyone know what happened in the end of this story or is it still in court or what?
--------------------
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Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: Simisu] #12980755 - 07/31/10 10:34 AM (1 year, 9 months ago)
Registered: 10/05/03 Posts: 5,188 Loc: My stash box
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: Simisu] #12980828 - 07/31/10 10:57 AM (1 year, 9 months ago)
I was just kidding about the chopper thing. Though I wouldn't put it past them to waste taxpayer money doing so. It was a joke, but not something I'd be surprised about if it actually occurred.
-------------------- I'd like you to meet my local drug dealer
Bruce Campbell for a day! said: Go misidentify a mushroom please.
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Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: Simisu] #12980883 - 07/31/10 11:17 AM (1 year, 9 months ago)
anyone know what happened in the end of this story or is it still in court or what?
Lol... Obv you didnt read this story very well. He had his face, name, and approximate location. You could have walked his street (they had it on camera) and found this guy. He couldnt have given much more about him out...
And read the second to last few pages it covers whats been going on.. Veggies had like 4 updates on the guy in here.
And P.S. - Look around google for "Cops get busted fake grow". Cops did just about what you were describing... only to walk into a camera with some pine trees growing... yea; they fucked that one up big time. I doubt they would do somethin like that again...
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: Simisu] #13079124 - 08/20/10 02:17 PM (1 year, 9 months ago)
Bartkowcz may not be able to use state medical marijuana laws in his defense August 20, 2010 - Westword
Chris Bartkowicz, the medical marijuana grower busted by the Drug Enforcement Administration in February after an on-camera interview with 9News, is hoping that a gaffe by the Associated Press isn't a foretelling of the future.
The online article, an update of an earlier piece that was picked up by several media outlets, including yesterday's Denver Post, incorrectly said that federal prosecutors had decided to not allow Bartkowicz to use state medical marijuana laws in his defense. Actually, prosecutors filed a motion on Tuesday that could limit Bartkowicz's defense, but Judge Phillip Brimmer has not yet made a ruling on it. Below is the text of the inaccurate AP story:
Quote: DENVER -- A Colorado pot grower facing federal drug charges after he bragged about his marijuana business to a TV station won't be allowed to use the state's medical marijuana law in his defense. U.S. District Judge Philip Brimmer has sided with federal prosecutors in their case against Chris Bartkowicz (BART-ko-wits). Federal drug authorities raided Bartkowicz's suburban Denver home and he was indicted in May with a federal charge of cultivating marijuana. Bartkowicz says he was following state medical marijuana rules. Federal prosecutors said Bartkowicz had more plants than the state permits, but also said state laws on marijuana wouldn't matter in a federal court. Marijuana activists say growers are being targeted by federal authorities despite state laws
If the flawed article, which was pulled off the web yesterday, does come true, Bartkowicz says that his ability to have a fair trial is out the window. "It would be completely crippling to me," he adds. "As far as the feds are concerned, I have no legal ground to stand on. They are trying to separate what they see as the facts from what they see as public opinion."
His defense attorney has pushed for the trial to be dismissed for suppression of evidence, saying that the search and subsequent arrest were illegal to begin with. Bartkowicz also takes issue with the possibility of spending life in prison when suspected local drug kingpin Dan Tang received just an eighteen-month sentence.
Bartkowicz says he feels like he's been living in a "time vortex" waiting for his trial. "I went from having a normal life -- maybe even a bit better than average -- to everything being put on hold," he explains. "I've lost nearly every possession I owned except my clothing."
Ironically, Bartkowicz -- a medical marijuana patient for chronic pain from scoliosis and temporomandibular joint disorder -- says he hasn't been able to use marijuana in months.
For more from Chris Bartkowicz, check out Steve Elliot's interview on Toke of the Town. See Below ↓
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: veggie] #13079127 - 08/20/10 02:18 PM (1 year, 9 months ago)
Interview: Federally Charged Medical Pot Grower Chris Bartkowicz August 19, 2010 - tokeofthetown.com
A Colorado medical marijuana grower facing federal drug charges after he bragged about his cannabis business to a TV station may not be allowed to use the state's medical marijuana law in his defense.
U.S. District Judge Philip Brimmer on Thursday morning was asked by federal prosecutors to block the medical marijuana defense in their case against Chris Bartkowicz of Denver, reports The Associated Press.
"The provisions of state law cited in the Government's brief demonstrate the quagmire of Colorado state law and its medical marijuana provisions, and further demonstrates that none of those provisions have relevance to the federal prosecution of the Defendant," said a motion filed Tuesday by prosecutors, reports Felisa Cardona at The Denver Post.
Prosecutors contended that Bartkowicz should not be allowed to use Colorado's medical marijuana laws as a defense, or try to argue that he was singled out or didn't know he would be subject to prosecution.
Drug Enforcement Administration agents raided Bartkowicz's suburban home in February after he did an interview with local TV station 9News about his marijuana growing operation. He was indicted in May with a federal charge of cultivating marijuana.
Bartkowicz said he was following Colorado's medical marijuana rules.
He faces up to life in prison because he has prior felony convictions.
"So because I have a past I shouldn't be allowed to medicate?" Bartkowicz said to Toke of the Town Thursday morning. "With all the dispensaries operating and the legislators telling us we have the legal right to do this -- why am I the only one on the stand?"
"Hundreds of others are doing bigger grows than I am," Bartkowicz told us. "Plus we, the voters, gave ourselves the right and the 10th Amendment is still in place. So how can this go forward without he jury hearing why I did this?"
"Feds can smear you and a person is left trying to defend themselves with the lies first to be undone," Bartkowicz told Toke of the Town.
"I agree I made a mistake doing the interview," Bartkowicz told us. "But hindsight is 20/20."
"The bigger issue," Bartkowicz said, "is do the taxpayers want to spend millions of dollars locking up a person who was helping sick people and not hurting anyone."
Bartkowicz's defense attorney Joseph Saint-Veltri would not comment on the government's motion until he had a chance to read it.
Saint-Veltri has filed his own motion to dismiss the case, arguing that his client didn't know he was breaking the law because the Justice Department instructed federal prosecutors to use their resources to go after drug traffickers and not medical marijuana users who are complying with state law.
The October 2009 Justice Department memo which instructed federal prosecutors to back off on medical marijuana cases is commonly referred to as the "Holder Memorandum" after Attorney General Eric Holder, who issued the statement.
"The defendant was acting pursuant to Amendment 20 to the Colorado Constitution and the so-called Holder Memorandum," the motion to dismiss says. "The defendant's good faith belief that he was complying with the law, as it was understood by him, should have been submitted to the Grand Jury, especially because, upon best information and belief, this is the first federal prosecution involving Amendment 20."
Saint-Veltri said the amount of prison time Bartkowicz is facing is "cruel and unusual punishment."
"A sentence of 10 years or 20 years or 60 years or, as the government propounds, life imprisonment is not only unconscionable but grotesque," Saint-Veltri wrote.
Federal prosecutors claim he had more plants -- 224 -- than the state permits, but added that state laws on marijuana don't matter anyway in federal court.
"The statement that I was over my plant limit is a lie," Bartkowicz told Toke of the Town. "More media spin by the feds to try and discredit me."
"Two hundred and twenty-four is not right because 105 were clones trying to establish a root system," Bartkowicz told us. "I had that many so that any that didn't make it would not affect the numbers I needed for my next round of veg. So only 119 were root bound, according to their numbers. Seventy of them were less than a foot tall. Only 40 were in bloom, which is right on track with me and my patients' needs."
"Any excess clones, once rooted, were gonna go to one of the dispensaries that I worked with," Bartkowicz said.
Marijuana activists say that medical cannabis growers are being targeted by the DEA despite state laws.
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: veggie] #13174803 - 09/10/10 10:10 AM (1 year, 8 months ago)
Medical-pot grower says DEA agents made him panic September 10, 2010 - Denver Post
Chris Bartkowicz, the Highlands Ranch medical-marijuana grower facing federal drug charges for his basement operation, said Thursday that he was panicked and scared when agents confronted him outside his house.
In the first time he has publicly said more than a few words about his February arrest, Bartkowicz said he was reluctant to talk to the Drug Enforcement Administration agents who would eventually arrest him and hesitant about letting them search his house. But, he said, he ultimately thought he could address their concerns.
"I believed that if I explained to them that I wasn't illegal, that I was compliant with state law, that they would leave," he said.
Bartkowicz's testimony came on the second day of a hearing over motions to throw out statements he made to agents, as well as evidence gathered during the search of his house. Bartkowicz's attorney, Joseph Saint-Veltri, contended that Bartkowicz was coerced into signing forms consenting to the search and waiving his right to remain silent. Saint-Veltri also argued that the agents illegally detained Bartkowicz before his formal arrest.
U.S. District Judge Philip Brimmer denied the motions, saying he found no reason to believe Bartkowicz signed the forms against his will. Brimmer, however, did toss out statements Bartkowicz made to investigators before his signing the Miranda rights waiver.
Bartkowicz, who is charged with three felony counts related to marijuana possession and cultivation, was arrested in February after giving an interview to 9News in which he discussed his medical-marijuana growing operation. DEA agents said that interview — plus Bartkowicz's prior criminal record and his house's proximity to an elementary school — led them to target him.
But Saint-Veltri said the 9News story, which agents did little to corroborate before contacting Bartkowicz, wasn't enough to justify Bartkowicz's detention, calling it essentially "an unverified tip." If the agents illegally detained Bartkowicz, Saint-Veltri said, that tainted the rest of their interactions with him.
Assistant U.S. Attorney M.J. Menendez said agents acted properly throughout the investigation and never threatened Bartkowicz or tried to trick him.
Brimmer ruled that the 9News story was sufficiently credible for agents to act upon and noted they did some investigating to make sure they had the right guy before confronting Bartkowicz.
Bartkowicz's trial is scheduled to begin in November. If convicted, he faces a potential life sentence.
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Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: veggie] #13174864 - 09/10/10 10:32 AM (1 year, 8 months ago)
Registered: 06/19/08 Posts: 559 Last seen: 1 year, 1 month
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: SuperD] #13182643 - 09/11/10 11:08 PM (1 year, 8 months ago)
Whats that saying again... oh yea... LOOSE LIPS SINK SHIPS. Sucker gets whats commin to him. Shouldnt be within school distance ether. He did any and everything to get himself fucked like this... The DEA did just their job by making an example of this fool. Learn or suffer the same fate...
its funny - they're trying any and everything to get it tossed out. Even pathetic "Me going on TV and bragging what i made and about how much pot i grew, with VIDEO evidence, isnt credible to bust my dumbass"... how sad.
Registered: 10/05/03 Posts: 5,188 Loc: My stash box
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: Sparkey_STi] #13183708 - 09/12/10 08:50 AM (1 year, 8 months ago)
Make no mistake, he is an idiot for doing what he did. Does that mean he deserves jail time for his 'crime' though?
Let's consider this for a moment: Ham sandwiches are made illegal starting tomorrow. Tomorrow they bust a guy with a cart full of these sandwiches because his dumbass was bragging to the neighborhood how he had stockpiled all these sandwiches before they became illegal. Would you say this guy deserves jail time for possessing the sandwiches?
Just as in the case with the ham sandwiches, it's a silly law to begin with and nobody, no matter how dumb, deserves to be locked up for simply growing or consuming them. But but..he was eating that sandwich within a school zone! It still doesn't justify locking him up.
-------------------- I'd like you to meet my local drug dealer
Bruce Campbell for a day! said: Go misidentify a mushroom please.
Registered: 06/19/08 Posts: 559 Last seen: 1 year, 1 month
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: SuperD] #13185073 - 09/12/10 02:03 PM (1 year, 8 months ago)
Why not? This is the problem with MMJ. People think its above the law. Federal law clearly states what you are allowed and not allowed to posess. Those laws have been in act for YEARS - so your ham sammish idea iisnt valid. Cause with that there would be a "Grace period" of getting rid of such illegal items. And if you're stock piling a mess of an item that's going to be illegal, yes... you should go to jail.
Ignorance is no excuse for the law. Federally - Everything he was doing was 100% illegal. So federally, he's fucked. He knows the law, risked going against it, and fucked up. And with state level, the idiot was STILL illegal cause you have to be X miles away from a school, and you can only have X plants. He was breaking both of those! How many laws does a person need to break before you should follow threw with the punishment?
What if this guy were a murderer... or had a meth lab. Then would it be ok? This seems to be the largest confusion on MMJ. While states are allowing it - its still fully illegal. The law is plain as day - DEA is proving it by making perfect examples of this idiot. You're not being punished on what you were doing, but what laws you were breaking. If he cant follow the super easy to follow rules for participating in MMJ, he deserves the fullest extent. He had bought that house for this reason... so he EASILY should have known not to put it that close to a school and such.
Saying "Oh, but its just weed" is like saying "Oh, but its just murder". Breaking the law is breaking the law, Doesnt matter what you're doing breaking the law is illegal. And when you get caught, you just have to deal. Cant or dont wanna do the time... dont do the crime. Just that simple. And if ya hate the laws and such... take you're buisness to another country and have fun or learn to respect the laws.
Registered: 10/05/03 Posts: 5,188 Loc: My stash box
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: Sparkey_STi] #13185232 - 09/12/10 02:27 PM (1 year, 8 months ago)
Quote: How many laws does a person need to break before you should follow threw with the punishment?
I think you missed my point entirely with the ham sandwich metaphor. Forget mmj and recreational pot for once. Let's step back and look at the big picture here: This guy is facing a potential life sentence for growing plants. Why does it matter if he broke 1 stupid law, or 100 stupid laws all at once? A stupid law is a stupid law is a stupid law. You can justify spending your tax dollars to lock this guy up for life for growing plants, simply because he broke too many stupid and barbaric nonsensical laws? We'll have to agree to disagree on that. I'd like my tax dollars to be spent on locking people up who have potential to harm me or my loved ones. This guy poses no personal problem to me, nor do his 200 or 2,000 whatever plants.
Again I refer back to the ham sandwich metaphor. Just because a law says something is a criminal offense does not mean it is wrong. There's a world of difference between wrong and illegal. Possessing illegal drugs is illegal but not inherently wrong. Murdering someone is both illegal and inherently wrong. Possessing or eating a ham sandwich should be neither.
-------------------- I'd like you to meet my local drug dealer
Bruce Campbell for a day! said: Go misidentify a mushroom please.
Registered: 06/19/08 Posts: 559 Last seen: 1 year, 1 month
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: SuperD] #13185559 - 09/12/10 03:30 PM (1 year, 8 months ago)
I agree with you... and so does our government to a degree cause sandwiches arent illegal. But when you start factoring in "Wrong vs Right" on top of "Legal vs Illegal" you're adding in personal opinion on the matter and this isnt what its about.
Each person will have their own view on "Wrong vs right". Cause i agree, that much time for plants?! Shitty. But heres why im ok with it. It was illegal and he bragged about doing it. Had he kept quiet he wouldnt have this problem would he?
I'd rather my tax dollars be spent on a stupid grower who couldnt keep quite more so then a murderer or rapist. I feel it should be an eye for an eye. You kill someone, you get killed. It may be a victimless crime, but its crime still.
I get what you were trying to get at - But the fact is you're wrong. The courts arent for a system of "Right vs wrong". The courts are a system of legal vs illegal. I used to be like you and look at it as "Wrong vs Right"... well problem is, their wrong isnt going to coinside with you're wrong. But after going threw the court systems and was looking at a combined 10 years manditory... I learned how our system works and what they're after. I got lucky and they waived jail for more money from me. However the exchange is next time im busted, its Go straight to jail, do not college, no bail. Guess who learned their lesson and stopped breaking the law, or just learned how not to get caught.
You're not looking at the actual picture. You're looking at it threw you're eyes and how you feel the world should be. But thats not how it works. If you want a system based on "right vs wrong" and based on "character"... go to Japan.
The bottom line is here in the U.S.A., we have a set of "Rules" called "Laws". They come in two major forms, Federal and State. Federal overrides state. When you break those laws we have, you go to court. Not to discuss what the intentions were, or anything else - Its one thing and one thing only... Did he break the law. He did... and blantantly admitted it on video! The next step is then what should punishment be? It'd be one thing to go after him federally... might be a tougher case. But the fool couldnt even follow state law and keep it legal. If you cant do that, you're asking to get busted!
A good example would be in the workforce. At work, is it ok for you to come in late? No. The only excuse is when you have manager/boss approvial. But if you're approved to be 30 min late, and show up 2 hours later... Do you think you're boss is just going to turn the other cheek?
Now relate that to this guy. He got an ok from the boss to grow X plants X feet away from a school... And he still screwed up. You cant sit there and give a person that many chances... they have to learn. The only way he'll learn is sitting in jail. Not many people can learn from others mistakes... you just have to fuck up and then realize "Damn... maybe i shouldnt have done that."
Registered: 10/05/03 Posts: 5,188 Loc: My stash box
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: Sparkey_STi] #13186083 - 09/12/10 04:56 PM (1 year, 8 months ago)
I'm not saying he shouldn't be punished at all, but...life..in prison? Come on now.
Would you have been ok with slavery in the 19th century simply because it was legal? Legal does not = OK, just as illegal does not always = wrong. Our laws are fucked up and are the root cause of all this bullshit.
-------------------- I'd like you to meet my local drug dealer
Bruce Campbell for a day! said: Go misidentify a mushroom please.
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: Sparkey_STi] #13186120 - 09/12/10 05:02 PM (1 year, 8 months ago)
I'm sure Mr. Bartkowicz will go to his grave regretting doing an on-air interview regarding what he still thinks was a legal enterprise.
Being stupid is not a federal crime and this case is not as simple as the law is the law therefore Mr. Bartkowicz deserves whatever the Feds give him up to and including life.
We do still have courts and people are still innocent until proven guilty and have a right to defend themselves, for the most part, unless the Feds step in and take away that right. Unfortunately in this case and hundreds/thousands like it, the defendant is not allowed to present the truth and an honest defense because he is unable to present the facts that he was growing medical marijuana for approved patients. Obviously, the Feds do not allow the truth to be presented because of the possibility of a not guilty verdict.
I hope it hasn't come to people blindly allowing injustices to occur simply because the law is the law and must be followed without question. When the concept of right and wrong, moral or immoral, is removed from the equation, we lose something very important and is a dangerous road to follow.
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: Sparkey_STi] #13186190 - 09/12/10 05:18 PM (1 year, 8 months ago)
Sorry, but I disagree with your position for several reasons...
Quote: Sparkey_STi said: He had bought that house for this reason... so he EASILY should have known not to put it that close to a school and such.
It is extremely difficult to not live within 1 mile of a school or community center or whatever. Unless you live in the countryside, i bet you yourself live close to a school. Take a map of your town, and shade in all the areas which are within one mile of a school. Then look at the area from which you could choose a place. I bet it would be severely limited.
Quote: Sparkey_STi said: Saying "Oh, but its just weed" is like saying "Oh, but its just murder".
No it isn't. Weed has never killed anyone, and all crimes aren't as equal. That logic implies the death penalty should be advocated for jaywalking.
Quote: Sparkey_STi said: Breaking the law is breaking the law, Doesnt matter what you're doing breaking the law is illegal. And when you get caught, you just have to deal. Cant or dont wanna do the time... dont do the crime. Just that simple. And if ya hate the laws and such... take you're buisness to another country and have fun or learn to respect the laws.
Breaking the law is illegal, but the punishment should fit the crime. It is hard to respect draconian laws.
It is also quite difficult to just "move" to another country. In most places, you can't move there unless you have a set of job skills that aren't provided by the local population. And why should you have to move from your home country if you disagree with a law? Shouldn't you lobby to change it? And if it is a harmful and immoral, isn't it your DUTY to try to change it?
I don't understand how some people say "marijuana should stay illegal, because if it shouldn't, then they can always change the law" while other people say they can just "go to another country".
Next time you read an article about marijuana, put it in the context of masturbation - it is just as harmless. It just puts into context how ridiculous the laws are.
--------------------
"I have sworn upon the altar of god eternal hostility against every form of tyranny over the mind of man" - Thomas Jefferson
Registered: 11/28/05 Posts: 12,386 Last seen: 22 days, 16 hours
Re: [CO] Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [Re: veggie] #13188081 - 09/13/10 03:50 AM (1 year, 8 months ago)
I went to Sand Creek Elementary School from first grade to third grade. I turned 27 in July.
Yeah, Highlands Ranch pretty much looks like this.
I just think it is funny, because of the uptight yuppies here but otherwise very pot friendly.
Yeah, I think going on the news was just plain stupid. I mean I think it was a publicity thing, this guy can't be that stupid and I kind of wonder if he wanted to be martyred or something.
-------------------- This section of the signature line has been intentionally left blank.
we could all use a little more sunshine.
yeah, she's funny and somewhat interesting. not a beauty queen, but not bad lookin. i'd feel quite honored to fuck janine garofalo. -tiny_rabid_birds
If you're actaully racist in real life though, you're literally a homosexual faggot.-StevenMichael
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: veggie] #13221825 - 09/20/10 08:17 AM (1 year, 8 months ago)
Life in Prison for Growing Medical Marijuana? Not in Colorado!
Colorado caregiver Christopher Bartkowicz is facing life in federal prison for growing medicine for sick Colorado patients. We need your help in bringing attention to this government supported atrocity. Join us on Wednesday, September 22 at 8am as we rally at the Federal Courthouse in Denver. Then make your way inside to show support as Bartkowicz’s attorney makes the most important arguments of the case-- whether all charges should be dismissed because Bartkowicz was following Colorado law. Concurrently, the US Attorney will argue Bartkowicz should be prohibited from even mentioning the words “medical marijuana” at his jury trial scheduled for November 1st, 2010.
This is a crucial day for medical marijuana in Colorado, and we need your support to tell the feds we will not stand by as they attempt to destroy Colorado’s medical marijuana community!
WHAT: Protest to support Chris Bartkowicz and Colorado Medical Marijuana Patients WHEN: Wednesday, September 22nd, 8:00-9:30am WHERE: Alfred A. Arraj United States Courthouse (west entrance), 901 19th Street, Denver, Colorado 80294. WHY: No one should be sent to jail for growing legal medical marijuana. WHAT TO BRING: Signs, water bottles, noise making devices
**Want to help Sensible Colorado continue fighting for sane marijuana policies? Donate Today!
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: veggie] #13237708 - 09/23/10 06:16 PM (1 year, 8 months ago)
Chris Bartkowicz, medical marijuana grower, not allowed to use medical defense September 23, 2010 - Westword
High profile medical marijuana grower Chris Bartkowicz won't be able to use the state's medical marijuana laws as part of his defense in federal court, a judge ruled yesterday.
Bartkowicz was arrested last February after showing off his grow operation to a local television news crew.
He has been accused of illegally cultivating marijuana near a school. Since the beginning, Bartkowicz has contended that he was following state medical marijuana laws, and has been the unfair target of the Drug Enforcement Agency.
Federal district court Judge Philip Brimmer did note, however, that Bartkowicz would likely be allowed to reference the state medical marijuana laws if he takes the stand in the jury trial -- though only in the context of how he came to be cultivating such a large amount of marijuana.
Brimmer also shot down several attempts to dismiss the trial by Bartkowicz's attorney, Joseph Saint-Veltri. Among his arguments: that Bartkowicz had been unfairly prosecuted for expressing his First Amendment rights on television, and that Bartkowicz had been led to believe he was following the law based on formal guidelines issued by U.S. Attorney General Eric Holder and Deputy Attorney General David Ogden that urged federal prosecutors not to go after medical marijuana growers in compliance with their state laws.
Throughout most the hearing Bartkowicz -- dressed in black slacks and a white shirt and tie - sat silently. When called to the stand to testify about his belief that he was following state laws, he spoke quickly and gave short answers.
One small concession for Bartkowicz came when prosecutors said they are currently only taking into consideration one of Bartkowicz's two prior state felony marijuana charges. Still, prosecutors said they have time to tack on the other felony, which would increase the mandatory minimum to sixty years -- which Bartkowicz had feared all along.
Either penalty carries a maximum sentence of life in prison.
Outside the courthouse, roughly two-dozen supporters, including Sensible Colorado's Brian Vicente, SAFER's Mason Tvert and Colorado Colation for Patients and Caregivers' Robert Chase waived signs and chanted "DEA go away!" to passers-by.
"I fear for him, you know?" said Amber Courtnage, a friend of Bartkowicz, as she choked back tears. "He is just a good guy who was just trying to help people."
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: veggie] #13239268 - 09/24/10 01:59 AM (1 year, 8 months ago)
Quote: two prior state felony marijuana charges. Still, prosecutors said they have time to tack on the other felony, which would increase the mandatory minimum to sixty years -- which Bartkowicz had feared all along.
There is no justice in Marijuana sentences.
MINIMUM of 60 years?
--------------------
"I have sworn upon the altar of god eternal hostility against every form of tyranny over the mind of man" - Thomas Jefferson
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: Green_T] #13239401 - 09/24/10 04:06 AM (1 year, 8 months ago)
Registered: 10/05/03 Posts: 5,188 Loc: My stash box
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: dwpineal] #13239830 - 09/24/10 08:29 AM (1 year, 8 months ago)
Make no mistake, he was a complete idiot for going public with his grow. That still doesn't make him a criminal though, it just makes him a little dumber than the average Joe.
As veggie pointed out before, stupidity isn't a crime. Growing PLANTS shouldn't be either. Why couldn't I have been born just a couple hundred years in the future? My life was spawned in the wrong era of time. I see all this bullshit and it just makes me think of our own species as still extremely primitive. An advanced society would consider arresting someone for growing plants the real crime here, not vice versa.
-------------------- I'd like you to meet my local drug dealer
Bruce Campbell for a day! said: Go misidentify a mushroom please.
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: SuperD] #13239845 - 09/24/10 08:33 AM (1 year, 8 months ago)
Registered: 10/05/03 Posts: 5,188 Loc: My stash box
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: dwpineal] #13239864 - 09/24/10 08:40 AM (1 year, 8 months ago)
I don't think they need a reason other than "it's against the law". Most certainly all the different DEA agents have their own agendas and reasons for doing what they do.
Some see themselves as real 'heroes' for fighting these demonic marijuana growers while others just see it as a guaranteed paycheck from week to week or whatever. It's possible some of their intentions were to make an example out of this guy but I doubt they all think in unison like that. Who knows for sure though? I don't want to get close enough to them to find out.
-------------------- I'd like you to meet my local drug dealer
Bruce Campbell for a day! said: Go misidentify a mushroom please.
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: veggie] #13362263 - 10/20/10 12:51 PM (1 year, 7 months ago)
Chris Bartkowicz likely to plead guilty at Thursday hearing October 20, 2010 - Westword
The February arrest of Highlands Ranch's Chris Bartkowicz shortly after he showed off his home grow to 9News has become a controversy lightning rod in the local medical marijuana community, since he's staring at a mandatory sixty-year sentence. Now, however, it appears that he's going to plead guilty on Thursday in relation to the charges against him.
That's the word from Joseph Saint-Veltri, Bartkowicz's attorney, who says "I can confirm that there is a hearing scheduled at 1 p.m. tomorrow for a change of plea for Judge [Philip] Brimmer" in U.S. District Court. Saint-Veltri declines to offer further details, but given that Bartkowicz had previously registered as not guilty, the plea change can logically go only one other direction.
The probable reason for such a switch? In a September hearing, Brimmer ruled that Bartkowicz couldn't use a medical marijuana defense in the case, which finds him facing federal charges. While Colorado has legalized medical marijuana, cannabis remains a Schedule 1 narcotic by the feds' standards, meaning it's illegal for any use.
Brimmer's ruling left Saint-Veltri and Bartkowicz with few options other than to try to strike a deal with prosecutors. It will be interesting to see if attorneys representing the U.S. government seek to make an example out of Bartkowicz via a sentence heavy on jail time.
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: veggie] #13362421 - 10/20/10 01:31 PM (1 year, 7 months ago)
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: dwpineal] #13362585 - 10/20/10 02:17 PM (1 year, 7 months ago)
ouch for him. his sentence will be significantly reduced now, but he just sucked satans cock and gave up his dream to get out of it. cant say i wouldnt do the same. what a shame.
in retrospect, his op needed to be monitored and checked for safety hazards, as well as remained anonymous.
notapillow said: "you are going about this endeavor all wrong. clear your mind of useless fear and concern. buy the ticket, take the ride, and all that.... "
ChrisWho said: "It's all about the journey, not the destination."
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: veggie] #13367074 - 10/21/10 02:34 PM (1 year, 7 months ago)
Bartkowicz agrees to 5-year term October 21, 2010 - Associated Press
A suburban Denver pot grower who tried unsuccessfully to set up a federal-state showdown on medical marijuana agreed to a five-year prison term Thursday and was handcuffed in court after pleading guilty on federal drug charges.
Christopher Bartkowicz, 37, pleaded guilty to three drug charges, including cultivation, after federal drug agents raided his Highlands Ranch home in February and seized hundreds of pot plants growing in his basement.
The raid by the Drug Enforcement Administration came after a Denver TV station promoted a story in which Bartkowicz bragged about how much money he would make growing pot under Colorado medical marijuana rules.
Bartkowicz was originally scheduled to plead guilty in April. But he changed his mind on a plea deal and decided to pursue a defense that was based on recent signals from the White House not to pursue federal marijuana cases in states that allow medical marijuana.
Federal prosecutors sought to block Bartkowicz's argument. U.S. District Judge Philip A. Brimmer last month sided with the government, ruling that Justice Department memos about drug prosecutions aren't legal clearance to violate federal drug laws.
After Bartkowicz was blocked from using Colorado's marijuana law in his defense, as well as barred from bringing up the possible medicinal value of marijuana, he pleaded guilty.
Under Thursday's plea deal, which isn't final until Brimmer approves it Jan. 28, Bartkowicz will serve five years in prison on three charges — cultivation, intent to distribute and having pot near a public elementary school. If he had gone to trial, Bartkowicz could have faced a life term because of a previous drug conviction.
After he pleaded guilty Thursday, Bartkowicz tried to remain on bond until formal sentencing. Brimmer rejected the request, and Bartkowicz removed his tie and was handcuffed by two deputies and led from the courtroom.
It's not clear whether Bartkowicz's earlier plea agreement, which he rejected, would have been gentler.
A separate pot grower, Rodney Jobe, was sentenced to three years of probation and time served on Wednesday by the same judge. Jobe pleaded guilty in June to cultivation charges for growing 374 marijuana plants inside a commercial building in Colorado Springs.
Jobe never talked to reporters about his pot-growing business, but Bartkowicz invited a KUSA-TV crew into his suburban home in February and bragged that he would make $400,000 a year from selling marijuana.
Bartkowicz's lawyer, Joseph Saint-Veltri, argued Thursday that Bartkowicz is being treated harshly because he's publicly criticized federal drug policy.
"One has to think that this is to punish Mr. Bartkowicz, to silence him," Saint-Veltri said while trying unsuccessfully to have Bartkowicz's bond extended until January. Brimmer refused.
The U.S. attorney for Colorado, John Walsh, put out a statement after Bartkowicz's plea calling the five-year sentence proper.
"That sentence is appropriate and proportionate given the circumstances of this specific crime," Walsh wrote.
Federal drug authorities are stepping up signals that they don't plan to abide by state marijuana laws that make pot legal.
On Wednesday, the director of the National Drug Control Policy, Gil Kerlikowske, told The Associated Press that Justice Department officials haven't ruled out taking legal action against California if voters there approve a ballot initiative to legalize recreational marijuana use.
Registered: 10/05/03 Posts: 5,188 Loc: My stash box
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: veggie] #13367284 - 10/21/10 03:37 PM (1 year, 7 months ago)
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: SuperD] #13369548 - 10/21/10 11:32 PM (1 year, 7 months ago)
notapillow said: "you are going about this endeavor all wrong. clear your mind of useless fear and concern. buy the ticket, take the ride, and all that.... "
ChrisWho said: "It's all about the journey, not the destination."
Registered: 05/22/07 Posts: 11,578 Loc: Death From Above
Last seen: 2 months, 11 days
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: mick] #13370138 - 10/22/10 06:15 AM (1 year, 7 months ago)
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: veggie] #13370375 - 10/22/10 08:05 AM (1 year, 7 months ago)
Chris Bartkowicz taken directly to jail, plea deal in limbo October 21, 2010 - Westword
Update: As expected, Highlands Ranch's Chris Bartkowicz entered three guilty pleas in regard to federal charges related to marijuana cultivation. But Judge Philip Brimmer has not formally accepted a stipulated five-year plea agreement and isn't expected to do so prior to a January 28 sentencing. In the meantime, Brimmer sent Bartkowicz directly to jail.
To put it mildly, this turn of events came as a surprise to both Bartkowicz and his attorney, Joseph Saint-Veltri. Indeed, Saint-Veltri reveals that Bartkowicz was "planning to say something" on his way out of the courtroom -- but he never got the chance.
Why was Bartkowicz jailed, rather than being allowed to remain at large until the sentencing? "Under what is known as the amendments to the Bail Reform Act, if you plead guilty to a controlled substance offense that carries a maximum penalty of ten years or more, you are to be detained," Saint-Veltri says.
In the face of the rule, "we argued that there is no actual ten-years-or-more sentence in this case, because the judge's only options are to give him five years or let him withdraw his pleas of guilty, and therefore, the statute did not apply," Saint-Veltri continues. "But the judge was unpersuaded, as is evidenced by the fact that Bartkowicz is now in custody."
Judge Brimmer can refuse to accept the plea agreement at the January 28 hearing -- and if he does so, Bartkowicz can withdraw his guilty pleas and proceed to trial, where he would face a mandatory sentence of sixty years due to multipliers in place related to the proximity of the home grow to a school and past convictions.
Bartkowicz will now spend more than three months behind bars pondering this prospect. Meanwhile, U.S. Attorney John Walsh has issued a statement presupposing that Brimmer will go along with the deal. It reads:
Today Christopher Bartkowicz pled guilty to all three counts related to marijuana cultivation as charged by a federal grand jury. In response, the government withdrew the sentencing enhancement regarding one of the defendant's prior felony drug convictions. If the plea agreement is ultimately accepted by the judge, Bartkowicz faces a mandatory minimum of 5 years in federal prison. That sentence is appropriate and proportionate given the circumstances of this specific crime.
If there's any good news for Bartkowicz in this situation -- or at least less-bad news -- it's that "the Bureau of Prisons usually awards an inmate the time he has spent in pre-trial detention," Saint-Veltri says. "Or, in this case, pre-sentencing detention."
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: veggie] #13372675 - 10/22/10 04:50 PM (1 year, 7 months ago)
its really hard for me to find sympathy for this guy, its there but, i dont mean to state the obvious but what fucking good did he think was going to come of this really? it seems like a losing situation on all fronts, and especially in his brown eye hes gonna be bunked with that guy
Registered: 06/10/09 Posts: 811 Loc: Bottom of the barrell Last seen: 1 hour, 15 minutes
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: MagicMaker] #13374686 - 10/23/10 02:06 AM (1 year, 7 months ago)
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: MagicMaker] #13374736 - 10/23/10 02:38 AM (1 year, 7 months ago)
notapillow said: "you are going about this endeavor all wrong. clear your mind of useless fear and concern. buy the ticket, take the ride, and all that.... "
ChrisWho said: "It's all about the journey, not the destination."
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: veggie] #13865636 - 01/28/11 11:11 AM (1 year, 3 months ago)
Chris Bartkowicz sentenced to five years January 28, 2011 - Denver Post
Christopher Bartkowicz, a Highlands Ranch man who ran a medical-marijuana-growing operation from the basement of his home, was sentenced this morning to five years in federal prison.
Bartkowicz pleaded guilty in October to federal drug charges in connection with the operation, which Drug Enforcement Administration agents raided after Bartkowicz showed the grow to 9News. In a plea agreement, Bartkowicz and federal prosecutors settled on a prison term of five years, and federal District Court Judge Philip Brimmer chose to accept that deal. His release will be followed by eight years of supervision.
Bartkowicz will be the first member of Colorado's medical-marijuana industry to serve federal prison time for actions he says were legal under Colorado law. Agents seized more than 100 plants from Bartkowicz's house, but Bartkowicz said he was a medical-marijuana caregiver to several patients and sold the rest to legal dispensaries.
Federal authorities have said they targeted Bartkowicz because they believe he grew more plants than Colorado law allowed, because he had prior state-level drug convictions and because his operation was about two blocks from a school.
Last year, Bartkowicz lost a bid to be able to use a medical defense in his federal court case. Because all marijuana cultivation is illegal under federal law, that left him with few options but to strike a deal with prosecutors. Bartkowicz, because of his prior convictions, potentially faced a life sentence under the initial charges against him.
Re: Man interviewed on TV about his legal medical marijuana grow busted next day by DEA [CO] [Re: veggie] #13865652 - 01/28/11 11:15 AM (1 year, 3 months ago)
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While its technically illegal its so ingrained in culture and everywhere its impossible to enforce.
Chris Bartkowicz, whose Highlands Ranch marijuana grow was raided by the Drug Enforcement Administration last Friday after he was interviewed by 9News, has instantly become a major figure in the debate over medical marijuana in Colorado, with attorney Rob Corry calling for agents involved in the operation to be sacked, and advocate Matt Brown suggesting that the DEA appears to be engaging in harassment tactics.
A suburban Denver marijuana grower who insisted he was abiding by state law is taking on federal authorities who charged him with illegal cultivation after he talked on TV about growing pot.
Please help 
A Colorado medical marijuana grower facing federal drug charges after he bragged about his cannabis business to a TV station may not be allowed to use the state's medical marijuana law in his defense.
we could all use a little more sunshine.
...
A suburban Denver pot grower who tried unsuccessfully to set up a federal-state showdown on medical marijuana agreed to a five-year prison term Thursday and was handcuffed in court after pleading guilty on federal drug charges.
hes gonna be bunked with that guy
