this should REALLY WORRY Center owners

The Associated Press: Federal court in Colorado bars marijuana defense

Federal court in Colorado bars marijuana defense
(AP) â?? 5 hours ago
DENVER â?? 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.

Prosecutors want to disallow medical-marijuana defense for Highlands Ranch man - The Denver Post

Prosecutors are asking a federal judge to eliminate Chris Bartkowicz's medical-marijuana defense before his upcoming federal trial on marijuana-cultivation charges.

In a motion filed Tuesday, prosecutors contend 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.

"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," the motion says.

Bartkowicz was indicted on charges of possessing marijuana with intent to distribute 100 or more plants, using a place to manufacture a controlled substance, and distributing marijuana within 1,000 feet of a Highlands Ranch elementary school.

The charges came in February after Bartkowicz did an interview with 9News in which he discussed his marijuana-growing operation.

He faces life in prison because he has prior felony convictions.

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 issued instructions to 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 is commonly referred to as the "Holder Memorandum."

"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 also expressed concern over the amount of prison time Bartkowicz is facing, calling it "cruel and unusual punishment."

"A sentence of ten years or twenty years or sixty years or, as the government propounds, life imprisonment is not only unconscionable but grotesque," he wrote.

Prosecutors say Bartkowicz had more plants â?? 224 of them â?? than allowed per patient and he was out of compliance with not only federal law but Colorado's medical-marijuana laws.

Umm.... how is this news? We already knew he wouldn't be allowed to use A20 as a defense in Federal Court. Hell, I knew that before he even got arrested.

Agreed. There are quite a few people that are in federal prison that were nailed in Cali, I don't think any one of them were allowed to mention MMJ at their trial.

so, should the DEA decide to take out a Center, who has paid all of their fees to the state and their city and has given up all of their rights during the application process....

what happens when you guys have all this money in this business, and Obama is voted out? What happens if the next president has a different view, and issues a different directive to the justice dept?

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Originally Posted by copobo

so, should the DEA decide to take out a Center, who has paid all of their fees to the state and their city and has given up all of their rights during the application process....

what happens when you guys have all this money in this business, and Obama is voted out? What happens if the next president has a different view, and issues a different directive to the justice dept?

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And best of all, you've already confessed when you filled out the paperwork. One more reason to stay underground until this all shakes out.

Then it all goes away. That was always the risk getting involved in this business.

I just hope they charge the state as an accomplice. They've taken enough of our "drug money" by now to be tried as one.

Doesn't anyone know what "jury nullification" Is??? Why is this never ever used in court... Are people not aware of what it is??? Jury nullification - Wikipedia, the free encyclopedia

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Originally Posted by funkfingers

Doesn't anyone know what "jury nullification" Is??? Why is this never ever used in court... Are people not aware of what it is??? Jury nullification - Wikipedia, the free encyclopedia

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BINGO!!!

^^ 2 posters who at least have heard about freedom! I heard that's often a disqualifying question when picking a jury. I have a theory that registered Libertarians are not called for jury duty. I could be wrong.

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Originally Posted by TheReleafCenter

Then it all goes away. That was always the risk getting involved in this business.

I just hope they charge the state as an accomplice. They've taken enough of our "drug money" by now to be tried as one.

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THIS would be a good place for dispensaries to put their money - into lobbying for passage of 3939!

H.R. 3939: Truth in Trials Act (GovTrack.us)

Yep, every time one lands in Federal court, the first thing they do is remove any medical defense.

That leaves you with no defense. And additional contempt charges if you mention it.

Welcome to America. That's how we roll.:mad:

Even with out the clones this guy was over the 99 plant limit. The govt was slapped in the face when this idiot went on Local News and bragged about what he was doing and how money he was making. He probably wasnt paying taxes on all of it either and im sure they are looking into that too. You DONT Taunt the DEA like that. I feel bad for him and what happened but he should have not went on TV. This is what bragging gets you and even worse in some cases.

he most certainly is a dumbass and he did ask for it by going on the tv and bragging like he was, stoned off his ass.

thing is, he didn't hurt anyone.

Child molesters get less time than this guy will.

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Originally Posted by valstar

Even with out the clones this guy was over the 99 plant limit. The govt was slapped in the face when this idiot went on Local News and bragged about what he was doing and how money he was making. He probably wasnt paying taxes on all of it either and im sure they are looking into that too. You DONT Taunt the DEA like that. I feel bad for him and what happened but he should have not went on TV. This is what bragging gets you and even worse in some cases.

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Yes Peeps that are growing need to learn to keep their mouths sealed shut. Talking to the media is just an open invitation for a raid. The fewer peeps that know about your grow the better.

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Originally Posted by valstar

Even with out the clones this guy was over the 99 plant limit. The govt was slapped in the face when this idiot went on Local News and bragged about what he was doing and how money he was making. He probably wasnt paying taxes on all of it either and im sure they are looking into that too. You DONT Taunt the DEA like that. I feel bad for him and what happened but he should have not went on TV. This is what bragging gets you and even worse in some cases.

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There is no such thing as this '99 plant limit', the DEA can raid you for 1 plant if they want, the only difference is over 99 plants is it is mandatory prison. But how do you know he was over that even without clones? You're making it sound as if he deserved this, you think he deserves a potential life sentence for doing the same thing you're probably doing?

the first rule about "grow club" is you don't talk about "grow club"

everyone should support HR-3939 because there are so many people in prison as we speak that have not been able to use the medical defense which I feel is unjust. When you are taken to court you should be able to present every defense at your disposal. And we should not throw Chris under the bus because of an error in judgment, the constitution protects everyone even those who make bad decisions.:stoned:

Plenty of people have talked to the media and haven't been raided.

The core issue, from what I understand, is he was running about 18 plants per patient. His defense was that a caregiver can have as many plants as they want because A20 only limited the number of plants a patient can possess.

He has a right to that interpretation, but that all goes out the window once it's a federal case. I wouldn't consider it a case of clear and unambiguous compliance, but it's a moot point.

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Originally Posted by Zedleppelin

There is no such thing as this '99 plant limit', the DEA can raid you for 1 plant if they want, the only difference is over 99 plants is it is mandatory prison. But how do you know he was over that even without clones? You're making it sound as if he deserved this, you think he deserves a potential life sentence for doing the same thing you're probably doing?

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the "99 plant limit" is when you can get seriously fucked. over that and they mean business.

He can thank the news reporter, JACE LARSON, for turning him in. He tipped off the feds and got all the media coverage. Fuck that guy.

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Originally Posted by canaguy27

He can thank the news reporter, JACE LARSON, for turning him in. He tipped off the feds and got all the media coverage. Fuck that guy.

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the really ugly part of that is that Jace smokes the ganja himself. for that he should be strung up - what a traitor.

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Originally Posted by CannnaLady

the "99 plant limit" is when you can get seriously fucked. over that and they mean business.

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This is such bullshit the Feds will fuck you over no mAtter your plant limit shit they can catch you with no plants hit you with conspericy and your looking at 25 years

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Originally Posted by CannnaLady

the "99 plant limit" is when you can get seriously fucked. over that and they mean business.

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I know a guy that was raided by the DEA about 7 or 8 years ago with 17 plants. They gave him 5 years federal probation but they took his house, two cars and confiscated over $8000 from his bank accounts, they even took the money he had in his wallet. Left him literally without a dime.

JURY NULLIFICATION pass it on tell everyone that you know is involved with cannabis about it, all their friends.. You don't have to convict someone if the law they broke is unjust....Also HR-3939 needs to pass.. with all the folks out there risking their livelihood for their patients, they need something in place so they can use a mmj as a defense @ the federal level..:rastasmoke:

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Originally Posted by copobo

so, should the DEA decide to take out a Center, who has paid all of their fees to the state and their city and has given up all of their rights during the application process....

what happens when you guys have all this money in this business, and Obama is voted out? What happens if the next president has a different view, and issues a different directive to the justice dept?

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Well--hopefully that won't happen. I think most Americans realise that we have already wasted enough tax dollars chasing down marijuana. Any conservative President--(wanting to promote job growth) would be insane to do that.

In fact, I think once California legalises it this November--the Feds should step up quickly to reclassify marijuana from a schedule 1 offense to a 2 or 3.

It's ridiculous to see it classified the same as crack/cocain--and meth.

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Originally Posted by rightwinger

It's ridiculous to see it classified the same as crack/cocain--and meth.

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ridiculous, yet very profitable for the private prison system

Any dispensary, co-op, multiple patient caregiver...must have started after holders memo to gain access to a Federal mmj defense of "ENTRAPMENT BY ESTOPPEL"...the "ONLY" federal medical marijuana defense AVAILABLE....

The Federal ct. in the james stacy case has shown us this...my thought here is everyone shut down, change names, start back up and then your covered.:thumbsup:

Actually cocaine and meth are schedule 2 drugs..