Judge: Colo. Law No Protection for Medical Marijuana Growers

A federal judge has ruled that a Colorado man charged for growing marijuana cannot use Department of Justice (DOJ) memos or state medical marijuana laws in his defense, the Associated Press and Denver Post reported Sept. 23.

“Federal law is supreme on this particular point,” said U.S. District Judge Philip A. Brimmer.

Christopher Bartkowicz was growing marijuana in his basement as a business when he was interviewed on television. After the interview aired, federal agents raided his home last February. 

Bartkowicz planned to defend his business on the basis of DOJ memos stating it will not prosecute such cases in states that allow medical marijuana. “I felt I was following state law,” said Bartkowicz.

“Anyone reading [the memos] would quite clearly understand that cultivating marijuana is a violation of federal law,” said Brimmer.

The judge also rejected several other aspects of Bartkowicz' planned legal strategy. He ruled that Bartkowicz could not subpoena the reporter who interviewed him or the state official responsible for medical marijuana; nor could he call witnesses to support the claim that marijuana was therapeutic. Judge Brimmer also rejected the ideas that new strains of medical marijuana are radically different from other marijuana and Bartkowicz' assertion that he was targeted because he allowed himself to be interviewed.

Bartkowicz' trial starts Nov. 1. If convicted, he could be sentenced from 10 years to life because he has two prior drug convictions.

“The federal government has condoned all this going on,” said Bartkowicz' lawyer, Joseph Saint-Veltri. He said that state officials, growers, and pot smokers now operate in a gray area because the Department of Justice had indicated it would respect state-level laws on medical marijuana.