Colorado medical marijuana grower Christopher Bartkowicz was taken for a ride by ragweed dealer Judge Philip A. Brimmer at the U.S. District Court in Colorado Wednesday. Bartowicz is up on charges for growing marijuana plants (legally, under Colorado law), but it’s not the State of Colorado that’s prosecuting him for his (non)crime. It’s the federal government.
You see, Bartkowicz, believing he was legally operating under Colorado’s medical marijuana law, agreed to do a television appearance showing his grow operation to a news crew. Federal drug enforcement agents saw the airing and decided to raid Bartkowicz’ home on February 12.
Judge Brimmer ruled in favor of the perse..prosecution when he denied Bartkowicz’ attempt to cite Colorado law and to subpoena the reporter that did the story so they could get the raw footage. You see, Colorado law doesn’t apply in federal court. Despite Obama’s claims that the DEA would stop jailing legalized marijuana users and caregivers in states where it’s legal, a record number of marijuana prosecutions took place in 2009 and this year may shape up to be even higher.
Going a step further, Judge Dredd completely torpedoed any hopes Bartkowicz might have had in defending himself when he declared that even marijuana’s medicinal uses (proven or not) won’t be allowed in his courtroom.
Meanwhile, protesters rallied outside the courthouse to support Bartkowicz and MMJ. (Photo in this story is of Brian Vicente, on the left, and Bartkowicz and was taken by Boyd Fletcher whose photo collage is linked above)
[source Associated Press]
[via Associated Press]