News » Medical Marijuana Defense Not Allowed in Federal Court





The federal government is prosecuting a Colorado medical marijuana grower after he talked about his business on local television. The judge in the case is not allowing him to use Colorado’s medical marijuana law in his defense.

After appearing on TV to talk about his medical marijuana grow business, Chris Bartkowicz had his suburban Denver home raided and was arrested by federal narcotics agents on a federal charge of cultivating marijuana. Bartkowicz says he was following state medical marijuana rules, but U.S. District Jackboot Judge Philip Brimmer is siding with federal prosecutors and disallowing the medical marijuana (and state law) defense.

Federal prosecutors claim that Bartkowicz had more plants than the state law allows, but that this is irrelevant since state law doesn’t apply in federal court.

Activists are arguing that this is just another targeting effort by the federal government to supersede state law and target medical marijuana growers. The past history of federal drug raids on dispensaries, caregiver operations, etc. in California and Colorado is in spite of President Obama’s promise to end marijuana raids on legitimate businesses.

[source Associated Press]

Tags: Colorado, federal, medical