Life in Prison for Growing Medical Marijuana? (protest tomorrow 8am Denver) [Archive] - Green Grass Forums

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copobo

09-21-2010, 09:13 PM

http://blogs.westword.com/latestword...rs_in_jail.php

Sensible Colorado release:

Life in Prison for Growing Medical Marijuana?

Not in Colorado!

Dear MMJ Supporters,

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, 8:00-8:30am

NOTE from CTI: Chris' hearing starts at 9am, so be in line to get through security into the courhouse by 8:30am.

WHERE: Alfred A. Arraj United States Courthouse (west entrance), 901 19th Street, Denver, Colorado 80294.

COURTOOM: 7th floor -- The Honorable Judge Philip Brimmer

WHY: No one should be sent to jail for growing legal medical marijuana.

WHAT TO BRING: Signs, water bottles, noise making devices

BE RESPECTFUL and DRESS TO IMPRESS! Please be very respectful in the courtroom. No signs or noisemaking devices or even T-shirts with slogans on them inside. We don't want to harm Chris' case, but we do want to be there to show support.

MEDEDCANNABIS

09-21-2010, 09:33 PM

local gov must be pissed they cant profit off of us anymore only feds can. let out a murderer quick !! if they had their way we would hang from trees. hopefully mj trees thats the way id want to go, hah hah yeah yeah

meded for the best in cannabis
im meded and i approve this message:D

Gatekeeper777

09-21-2010, 09:37 PM

I will pas this info along to Doctor Dope for him to announce on air.
:jointsmile:

The link to the blog page does not work.

5280and420

09-21-2010, 09:43 PM

Good luck to him - but he's boned if he's saying "I followed Colorado Law" in Federal Court.

BreckLoft

09-22-2010, 12:35 AM

This situation is really sad.

Kid was popped cause he said he was going to make alot of money on TV. Worst part was, the amounts that he estimated he would make were so ludacris, that you would have thought it was the feds themselves who were evaluating the operation.

I cannot be there but I wish him the best.

I don't think there is anything he can do about a conviction but I hope that they are seriously lenient with the sentencing.

Ocotillo

09-22-2010, 01:39 AM

Doctor Dope show? I found him in your previous post. Great job! :thumbsup:
THE DOCTOR DOPE SHOW 10/1/2010 - IntelHubRadioNetwork | Internet Radio | Blog Talk Radio (http://www.blogtalkradio.com/theintelhub/2010/10/02/the-doctor-dope-show)
Great show, you can't post that too many times. Do I hear an addition to some bodies sig line? ;)

I will pas this info along to Doctor Dope for him to announce on air.
:jointsmile:

valstar

09-22-2010, 02:44 PM

I read some comments (supposedly from this guy) He is lucky to be getting any support from the way he argued with people on the comment boards. It was on a 9 news or one of those websites. The guy made a foolish mistake going on the air in the first place. You dont do that. It only taunts the Feds. Some people tried to point this out to him and he would not listen only got pissy with people.

He claims the journalist minced his words from sound bites and lured him into saying 400,000 thousand dollars. With an ideal set up you could make 400,000 was what he said not that he is making 400 grand. Video evidence is damning no matter if it was edited or not cause every one wont see the unedited version only the one making him look bad.

I understand the guy is under a ton of stress but you dont piss off possible supporters by acting like he did. I wish the guy all the best but hes floating down the river with no paddle and that waterfall is coming on fast.

Ebbandflowian

09-22-2010, 02:55 PM

Why is he looking at 60 years does he have prior offenses????? The punishment in no way fits the crime

SoCoMMJ

09-22-2010, 04:41 PM

Why is he looking at 60 years does he have prior offenses????? The punishment in no way fits the crime

Using government math and logic:
If you are growing over 50 plants, the yield magically increases to 1 lb a plant.
He had 217 plants, that makes 98 kilos
Federal Penalty for over 50kg is 20 years
He was within 1000' feet of a school, that doubles the penalty.

So I was only able to calculate 40 years from that. Maybe there is conspiracy and all that other random crap they add on to charges with.

FEDERAL - NORML (http://norml.org/index.cfm?wtm_view=&Group_ID=4575)

copobo

09-22-2010, 05:08 PM

he has priors

lampost

09-22-2010, 05:33 PM

Worst part was, the amounts that he estimated he would make were so ludacris, that you would have thought it was the feds themselves who were evaluating the operation.

Ludacris is gonna be there?!?

ThaiBuddhaMan

09-22-2010, 06:47 PM

Ludacris is gonna be there?!?
Yep so is Snoop & Redman
;)

BreckLoft

09-22-2010, 07:26 PM

lol :)

TheReleafCenter

09-22-2010, 08:25 PM

Any reports?

SprngsCaregiver

09-22-2010, 11:24 PM

Any reports?

cologrower420 will be holding a protest to protest the protesters? :D

ColoMtnRunner

09-22-2010, 11:57 PM

I surely don't know it.

It does, however, seem reasonable to me that his U.S. Constitutional rights are being violated, if he was in compliance with Amendment 20 of Colorado Constitution. The 9th U.S. amendment speaks of rights retained by the people. We in Colorado retained the right use Medical Marijuana by initiative. The 10th limits the Federal powers to those enumerated in the Constitution, nothing more.

Long live Amendment 20, a retained right!

denverbear

09-22-2010, 11:59 PM

Colorado pot grower loses round in federal court
By KRISTEN WYATT (AP) â?? 4 hours ago

DENVER â?? A suburban pot grower who wants to use Colorado's medical marijuana law to fend off federal drug charges lost a round Wednesday in a court battle that began after a TV reporter did a story on his basement cultivation operation.

U.S. District Judge Philip A. Brimmer rejected Christopher Bartkowicz's argument that he was growing new types of marijuana with medicinal value that were wrongly included on a federal list of illegal drugs.

"The new strains of marijuana have a therapeutic effect," Bartkowicz's lawyer Joseph Saint-Veltri said.

Brimmer, however, sided with federal prosecutors who said a judge can't decide to exempt some kinds of marijuana from the federal designation.

"That line of inquiry may be academic, and it may be interesting, but it has no place in a federal courtroom," Assistant U.S. Attorney M.J. Menendez argued.

U.S. Drug Enforcement Administration agents raided Bartkowicz' house on Feb. 12 after he showed a KUSA-TV reporter the growing operation in his home in the Highlands Ranch development south of Denver.

Bartkowicz took the stand Wednesday to make his argument that he had followed Colorado state medical marijuana rules and didn't think he would be subject to federal prosecution.

His criminal trial on federal cultivation charges is scheduled for Nov. 1. The hearing Wednesday involved his fight to use Colorado pot rules as part of his defense.

Brimmer had yet to rule on that motion.

On the stand, Bartkowicz described himself as a naive grower who agreed to meet with the TV reporter because he thought it would be good for the medical marijuana industry to show the public how it works.

"I felt I was following state law," Bartkowicz said. "I felt no fear in doing a public interview."

His home was raided after promotions for the story aired on KUSA. Agents reviewed some copies of medical marijuana patient cards that named Bartkowicz as their caregiver and concluded he did not have enough cards to justify the amount of marijuana he was growing.

Bartkowicz contended in court that he shouldn't be prosecuted because officials in the administration of President Obama have said federal resources wouldn't be spent investigating pot cases when state law allows medical marijuana use.

Menendez challenged Bartkowicz, pointing out a memo from a Department of Justice official that called federal drug prosecution "unlikely" but not impossible in such cases.

Bartkowicz has said federal agents miscounted the number of marijuana plants in his house and that he later located additional patient cards.

Brimmer refused Bartkowicz's attempts to subpoena the KUSA-TV reporter who did the story.

The judge also rejected a Bartkowicz attempt to call as a witness the state's senior director for medical marijuana enforcement to ask about state discussions with the DEA about pot enforcement.

MEDEDCANNABIS

09-23-2010, 12:30 AM

TheReleafCenter

09-23-2010, 12:31 AM

That's an interesting defense.

Ebbandflowian

09-23-2010, 01:16 AM

Brimmer refused Bartkowicz's attempts to subpoena the KUSA-TV reporter who did the story.

The judge also rejected a Bartkowicz attempt to call as a witness the state's senior director for medical marijuana enforcement to ask about state discussions with the DEA about pot enforcement.[/QUOTE]

That's some shady shit right there the Feds don't play fair at all

canaguy27

09-23-2010, 02:09 AM

it is almost darwin award worthy.

JACE LARSON, THE SCUM WHO TIPPED OFF THE DEA FOR RATINGS, set this guy up. He was an idiot for going on camera, and Jace preyed upon that fact.

cologrower420

10-20-2010, 10:43 PM

Five years seems like a pretty good outcome.

from Chris Bartkowicz, Highlands Ranch marijuana grower likely to plead guilty at Thursday hearing - Denver News - The Latest Word (http://blogs.westword.com/latestword/2010/10/chris_bartkowicz_highlands_ranch_marijuana_grower_ likely_to_plead_guilty_at_thursday_hearing.php)

Update: Since the original version of this post went live at 1:15 p.m. today, I've had a chance to speak at greater length with Joseph Saint-Veltri, attorney for Highlands Ranch's Chris Bartkowicz, who faces federal marijuana cultivation charges in relation to a home grow he showed off to a 9News reporter earlier this year. He confirms a guilty plea in exchange for a stipulated sentence of sixty months, or five years.

Saint-Veltri stresses that Judge Philip Brimmer must sign off on the agreement in order for it to move forward. As for the decision to reach such a compromise with prosecutors, he says Brimmer's decision to nix a medical-marijuana defense at a September hearing made moving forward all but impossible.

"The trial would have proceeded based on the court's rulings -- as if Amendment 20 did not exist," he says, referring to the 2000 measure that legalized MMJ in Colorado. Saint-Veltri offered numerous arguments on Bartkowicz's behalf at the earlier hearing, he continues, "but every one of them was sort of connected to Amendment 20 in some way."

The result would have forced an unfortunate flashback.

"When we did these kinds of cases before Amendment 20, they looked a certain way," he notes. "And this one would have looked the same way."

Look below to read the earlier item:

copobo

10-21-2010, 01:25 AM

no, it's not a good outcome. going to jail for 5 years for growing a plant is not a good thing. this deal is the same offer he had before he decided to fight it.

senorx12562

10-21-2010, 02:08 AM

The general public, a/k/a the entire pool from which jurors will be chosen should this case (or the next if this one settles) go to trial, needs to be educated as to the ABSOLUTE right of jurors to exercise jury nullification. The fact that jurors disagree with a particular law, state or federal, is sufficient for them to ignore the foregone conclusion of a guilty verdict in a case like this if the judge's instructions are followed, and come back with a not guilty instead. Jurors do not need to explain their verdict, just go home. Prosecutors, of course, despise this right (ask Laura Kriho), and many will deny it even exists, as will judges, yet it is the very reason the right to a trial by jury is so important to a free society. We have no other defense against an overreaching government(is there any other kind?)when the limitless resources of the government are arrayed against us and, as here, the result is preordained. Judges will not allow defense lawyers to mention the right at trial, let alone educate jurors about it, so potential jurors must know about it before even getting summoned for jury duty. Be strong, brothers and sisters. Do some research and tell ALL your friends.

copobo

10-21-2010, 02:27 AM

they ask potential jurors if they've heard of jury nullification, as a disqualifying question..

boulderbud5525

10-21-2010, 03:51 PM

5 years a good outcome for growing plants to help people? CG420, you really need to look in the mirror.

cologrower420

10-21-2010, 04:08 PM

no, it's not a good outcome. going to jail for 5 years for growing a plant is not a good thing. this deal is the same offer he had before he decided to fight it.

I'd be happy to admit if I'm wrong, but he was facing 60-life if he lost at trial, right? In my personal opinion, 5 years is better than 60-life.

Whatever though, haters gonna hate. Keep on truckin'.

5 years a good outcome for growing plants to help people? CG420, you really need to look in the mirror.

Stop acting like he was 'helping people'. He was a for-profit 'caregiver' who didn't play by the rules of A20. He was breaking the law, even under A20. I would be careful defending him, because he was illegal. I'm not 'glad' that he got busted, but when you blatantly ignore the law, of course there will be consequences. I'm not wishing a bust on anyone else, him or otherwise. For example, Al Capone was convicted of income tax evasion, not anything criminal. Don't you realize that unclesam saw that bartkowitz wasn't paying taxes on the revenue he bragged about making on 9news, and that's why he's where he's at?

When you ask me to 'look in the mirror', are you saying that I'm similar to bartkowitz? Are you suggesting I have firearms, or that I have a large scale grow within 1000 feet of a school? Are you suggesting that I have prior drug related criminal convictions? Why exactly do I need to 'look in the mirror'?

HarvestHouse

10-21-2010, 05:24 PM

copobo

10-21-2010, 05:26 PM

cologrower420

10-21-2010, 06:25 PM

cologrower420-----> "Why exactly do I need to 'look in the mirror'?" to make sure you know what a piece of shit is, that's why.

you deserve to buy your pot on the street or grow it your self if you can.

Who's fucking team are you on?

choke on your chinese roor and die.

I bet your ACE'n your law enforcement class this semester

Are you still pissed at the methlab comment? Are we still derailing threads from that? It's tiresome making a post to clarify posts that have been deleted, and I don't think the mods appreciate having to repeatedly delete posts when people derail threads, like you're doing here.

I can't think of anything I could have possibly done to you personally. I've been a repeat customer of your business (harvesthouse), I've referred other patients to you as well.

Would you mind clarifying? I could understand the hate from older growers/caregivers like copobo who would be intimidated by people like me who are new to this industry and have large budgets. I'm curious why an MMC would call one of their patients a piece of shit.

I don't show respect to people unless it's earned, and I certainly expect to be treated the same. I have never said I'm anything other than a patient and a new grower. I spent the money to get legal and legit, and I don't have any patience for people who are illegal, and I have made posts the same way. I don't really care that I've somehow upset you, it's more a passing curiosity.

I'm not sure what 'choke on your chinese roor and die.' is, either.

What 'team' are you referring to? I'm a patient and you're a for-profit MMC, right? I'm pretty sure we're both pro-MMJ, but I think that's about all we share. Maybe our efforts to obtain quality medicine or something.

I'm not sure if you're insulting me by accusing me of being law enforcement, but I find it hilarious.

Zedleppelin

10-21-2010, 07:09 PM

Stop acting like he was 'helping people'. He was a for-profit 'caregiver' who didn't play by the rules of A20. He was breaking the law, even under A20. I would be careful defending him, because he was illegal. I'm not 'glad' that he got busted, but when you blatantly ignore the law, of course there will be consequences. I'm not wishing a bust on anyone else, him or otherwise. For example, Al Capone was convicted of income tax evasion, not anything criminal. Don't you realize that unclesam saw that bartkowitz wasn't paying taxes on the revenue he bragged about making on 9news, and that's why he's where he's at?

When you ask me to 'look in the mirror', are you saying that I'm similar to bartkowitz? Are you suggesting I have firearms, or that I have a large scale grow within 1000 feet of a school? Are you suggesting that I have prior drug related criminal convictions? Why exactly do I need to 'look in the mirror'?

You keep saying over and over again that he was illegal under Colorado law, bullshit. There is nothing in A20 that states 6 plants per patient max, it actually says you can have as many as you need. He had doctor recs from patients which gives him an affirmative defense, there is nothing in A20 that states caregivers or patients cannot grow within a 1000 feet from a school, and how in the hell do you know about his tax situation? You don't. He also didnt have firearms, I dont know where you're getting this from but if he did under Federal law he would have gotten 5 years just for that from being a convicted felon.

Furthermore, you seem to be upset that he was making money, so fucking what? Whats your problem with someone making money?

HarvestHouse

10-21-2010, 07:47 PM

cologrower420-----> I find it ironic that someone as well spoken as yourself can be so clueless.

copobo

10-21-2010, 08:12 PM

cologrower420-----> I find it ironic that someone as well spoken as yourself can be so clueless.

utterly clueless. every now and then, there's a glimmer, but he usually smashes any hope with his next post.

ottistoys

10-21-2010, 08:58 PM

I agree with both of you Harvest and copo:thumbsup:

greenghost

10-21-2010, 09:19 PM

i read this article about this man and its crazy. he was following the law and the DEA wasn't suppose to bother medical marijuana growers in the state, but they did anyway; on purpose i believe.

Medi Marijuana Grower Gets Plea Deal (http://infohemp.com/news/medical-marijuana-grower-gets-plea-deal/)

mustangwomyn

10-21-2010, 09:22 PM

utterly clueless. every now and then, there's a glimmer, but he usually smashes any hope with his next post.

Bingo

ThaiBuddhaMan

10-21-2010, 09:28 PM

Here's my take. I think the guy was an idiot to go on the news and brag. I saw part of the news story & my jaw dropped from him being so ballsy. As far as A20, we all know that doesn't mean crap at the Federal level. Anyone with a half-brain knows better than put all your eggs in one basket. 99 here, 99 there, 99 over there.... Not 300 or whatever he had all in one spot. Did I think the 60 yrs they were trying to throw at him was going to stick - hell no it wasn't going too. Do I think he's going to spend some time in prison - unfortunately I think the sad truth is he will. Do I think he's lucky to get 5 years - well lucky isn't the right word, but considering the sentence could of been easily 8-10 years, I think 5 is better than that. Do I think he'll serve all 5 years behind bars - doubt it, probably out in 2, with "probbee" for the remainder. Do I think that sucks for just growing some plants - yes. Do I think the Fed is going to f*ck with MMC - unfortunately I really think they are. Right now, I feel much safer being a small time CG, than a MMC. I really think the Feds are going to go after MMC grows as some MMCs think it's still ok to put all your eggs in the same basket. Feds are going to walk all over State, and trample on our State rights. Are they going to be as concerned about me & my couple of patients and couple of plants - highly doubt it, at least not for a long time when they can better spend that money & get a big bust. Things are going to get ugly. People - keep your head low.

Zedleppelin

10-21-2010, 10:38 PM

Do I think he'll serve all 5 years behind bars - doubt it, probably out in 2, with "probbee" for the remainder.

This is Federal, he will serve the entire 5 years.

showstopper

10-21-2010, 11:03 PM

I agree with both of you Harvest and copo:thumbsup: +1;)

wkhey4

10-22-2010, 12:25 AM

Wow..this is one heated exchange. I'm new to this site and don't know about the politics and past history on this site between members who have been here way longer than I have been. All I'll say is that anytime someone is persecuted for anything that has to do with with the eventual furtherance of our common goal is reprehensible. Yes mistakes were made and I understand that. Shame on the Feds for pursuing there broken agenda and they're continuance in keeping their repressive policies in place !

mustangwomyn

10-22-2010, 12:40 AM

This is Federal, he will serve the entire 5 years.

Naw, he shouldn't do much more than 2 yrs & at a federal Medium security institution, he won't have it to bad. The medium & Min security federal facilities aren't to bad, or so I've heard from peeps I've known.

But unfortunately it is still life where you loose your freedom, yes he was stupid for blabbing his mouth but he sure didn't deserve what he got.

senorx12562

10-22-2010, 01:01 AM

" I don't have any patience for people who are illegal..."

I don't have any patience for someone who attempts to stake out the moral high ground based on having permission from our corrupt and hypocritical government to smoke pot. Are you fucking kidding me?

senorx12562

10-22-2010, 01:06 AM

they ask potential jurors if they've heard of jury nullification, as a disqualifying question..
But it requires using a peremptory challenge, not one "for cause," and they only have so many peremptory challenges, then they are stuck with you.

boulderbud5525

10-22-2010, 03:39 PM

cogrow 420, when i said look in the mirror i was hoping you would see some compassion somewhere in your holier than thou attitude. You have no patience for people that are illegal? We're all illegal and those that don't have a medical condition that affords them a mm card are illegal as they continue to partake of gods plant. We are all connected by our love and use of the holy herb and we don't need someone like you pontificating about who is good and who is bad when it comes to the cannabis community. No one, not even an idiot like Barkowitz deserves to lose his freedom over the herb. What medical condition affords you your mm? As for us, we need to keep smoking to relieve the pain in our asses from your posts! :D

mustangwomyn

10-22-2010, 03:50 PM

HarvestHouse

10-22-2010, 04:03 PM

Well Said

:smokebong:

agreed.

ThaiBuddhaMan

10-22-2010, 05:41 PM

It's frustrating though as he's become the public face of MMJ.
After the first story ran, the next day that's all people were talking about at work. It stirred up a lot of anti-MMJ. And we wonder why all these towns & cities want to put bans into place. 6 plants, 36 plants max in a house - not that big of a deal, but the hundreds he was growing...the general public doesn't understand it's just a plant. Growing it isn't like cooking meth, though the smell might turn some people off.

I don't wish him jail time, but I do wish he had been smarter about the whole thing (and I'm sure he does too).

DrBreeze

10-22-2010, 06:07 PM

It is unfortunate that circumstances like this can overturn a great big ball of sensibility. Then again you can follow the letter of the law to the "T", but still find yourself on the outside looking in.

HighPopalorum

10-22-2010, 06:21 PM

My last word on C.B.:

This is an injustice. No one deserves to go to jail for growing marijuana. That being said, I am not the least bit tempted to lift a finger to help this guy. We have to pick our battles, and I won't march to war under the banner of this idiot. There are more deserving victims of marijuana prohibition to whose cause we, as citizen activists, can rally.

MimbresValley

10-22-2010, 10:11 PM

wow, I Didnt know they ask jurors that

If I ever had the chance to be a juror on a marijuana case, I would lie and say Never heard of it jury nullification, then get me in court:rasta:

lol

copobo

10-22-2010, 11:21 PM

senorx12562

10-22-2010, 11:41 PM

I was reading about that last night, and you can go to jail for lying about your knowledge of JN

a couple interesting reads:

Colorado Contempt Case Highlights Attack on "Jury Nullification" Power (http://www.ndsn.org/dec96/kriho.html)

JuryBox.org - Get Informed - JuryBox.org - Explaining Jury Nullification as the Last Check and Balance (http://www.jurybox.org/informed/)
Thank you for the links. Note that according to the second one, one of the laws in our history that was deemed to be so unjust that jury nullification was justified was alcohol prohibition.

lampost

10-24-2010, 02:52 AM

Yeah doesn't seem like judges/lawyers are big on jury nullification. I've heard just mentioning it is a good way to get out of jury duty. Last time I had jury duty some guy was being sued by a corporation and I just said flat-out that I hate corporations in this country. Denied! On my way home before traffic!!! Woot!