• 25
  • August
    2010

Last week, the medical marijuana provisions of Colorado law were once again at the forefront of legal conversation as federal prosecutors sought to prevent a Highlands Ranch man from using the applicable state provisions as a defense.

Chris Bartkowicz was arrested following his February appearance on a local television station. During the televised segment, he openly showcased and discussed his efforts to grow marijuana.

He was later indicted on a multitude of federal drug charges, including possession with intent to distribute 100 or more marijuana plants, manufacture of a controlled substance, and distribution of a controlled substance within 1000 feet of a school.

Bartkowicz's attorney subsequently filed a motion to dismiss the case, claiming that Bartkowicz was unaware that he was breaking the law due to the so-called "Holder Memorandum."

The Holder Memorandum is an October 2009 Justice Department memorandum that instructs federal prosecutors to pursue marijuana dealers/manufacturers, not users or growers of medical marijuana who are acting in compliance with state law.

According to the memo filed by Bartkowicz's attorney, "The defendant was acting pursuant to Amendment 20 to the Colorado Constitution and the so-called Holder Memorandum. [His] 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."

Last Tuesday, federal prosecutors filed a motion seeking to ban Bartkowicz from using Colorado's medical marijuana laws as a defense.

According to their memo, "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."

Prosecutors also pointed out that Bartkowicz was found with 224 plants, an amount that is not only illegal under federal law, but also exceeds the amount allowed per patient under Colorado law.

If convicted, Bartkowicz faces life in prison due to prior felony convictions.

Stay tuned for further developments ...

Related Resources:

• Prosecutors Want to Disallow Medical Marijuana Defense for Highlands Ranch Man (Denver Post)