Judge says medical-marijuana grower "miserably failed" to follow law DenverPost / John Ingold / 1,28,2011 Christopher Bartkowicz, a Highlands Ranch man who ran a medical-marijuana-growing operation from the basement of his home, was sentenced this morning to five years in federal prison. Bartkowicz pleaded guilty in October to federal drug charges in connection with the operation, which Drug Enforcement Administration agents raided after Bartkowicz showed the grow operation to 9News. In a plea agreement, Bartkowicz and federal prosecutors settled on a prison term of five years, and federal District Court Judge Philip Brimmer chose to accept that deal. His release will be followed by eight years of supervision. "Five years is a long time," Assistant U.S. Attorney M.J. Menendez said during the sentencing hearing. "... It's going to allow him time to get treatment and it's going to give him time to reflect on what brought him here today." Bartkowicz will be the first person in Colorado to serve federal prison time for actions he says were legal under Colorado's medical-marijuana law. Agents seized more than 100 plants from Bartkowicz's house. Bartkowicz said he was a medical-marijuana caregiver to several patients and sold the rest to legal dispensaries. "This all seems like a script written by Lewis Carroll," Bartkowicz's attorney, Joseph Saint-Veltri, said during the hearing in reference to the "Alice in Wonderland" author. "Hundreds of (marijuana) plants," Saint-Veltri added later, "are being cultivated within a mile radius of this building as we speak, and they will continue to be cultivated ... because the people of Colorado want that to happen." Federal authorities have said they targeted Bartkowicz because they say he grew more plants than Colorado law allowed, because he had prior state-level drug convictions and because his operation was about two blocks from a school. Brimmer, in handing down the sentence, echoed those concerns. He said Bartkowicz "miserably failed" to follow Colorado law because of the number of plants he had and because he never met many of the patients who used his marijuana. That, Brimmer said, means the case is not an example of the federal government oppressively interfering with state law but rather fits with Bartkowicz's prior marijuana convictions. "He's choosing to violate state law again, and he's cultivating marijuana," Brimmer said. Bartkowicz lost a bid to be able to use a medical defense in his federal court case. Because all marijuana cultivation is illegal under federal law, that left him with few options but to strike a deal with prosecutors. Because of his prior convictions, Bartkowicz potentially faced a life sentence under the initial charges against him. "It's the best that Mr. Bartkowicz can hope to achieve under these circumstances," Saint-Veltri said of the plea deal. Outside the federal courthouse before the hearing began, about 20 medical-marijuana activists gathered to protest the sentencing. They held signs bearing messages such as, "Cannabis is not criminal." They said the DEA sought to make an example out of Bartkowicz in retaliation for the 9News interview. The protest was organized by Lannette Johnson, the leader of a local chapter of Moms for Marijuana who said she befriended Bartkowicz following his arrest. Johnson said Bartkowicz was nervous about the sentencing and worried about which prison he would be sent to. Brimmer recommended Bartkowicz be housed at a federal prison in Colorado. "I think what happened to Chris is a huge injustice," Johnson said. "Chris is a DEA scapegoat." When given the chance, Bartkowicz did not attempt to sway Brimmer directly during the sentencing hearing, saying he had nothing prepared. "I would actually decline to make any comments to the court," he said. When the hearing concluded, Bartkowicz - who was wearing a lemon-yellow prisoner's jumpsuit, with both his hair and beard grown shaggier than at earlier hearings - put his hands behind his back to be handcuffed. He looked into the audience, where a number of friends and activists gathered for support. He half-way smiled and briefly arched his eyebrows in passive resignation. Then the U.S. marshal took hold of his arm, and Bartkowicz disappeared behind a closed door.
^^True,but if you want to be eaten by the tiger,then do what he did,poke it in the eye with a sharp stick.!
He had no case. He disobeyed the law the state law as well. He should have never been growing that many plants. I feel bad because life is wasted over these stupid "criminal" charges. However, he knew the law and he failed to abide by those rules, and unfortunately he saw the consequences. If you're medically allowed to smoke and cultivate, you should do it within the restrictions of the law because otherwise you're just more likely to get caught. It's a stupid case but, he should have just kept it to 60 plants or whatever the law is there in that state.
One of the problems we have here is with the police deciding every single drying branch after harvest is an individual "plant", or counting grow waste as usable bud....
They're going to give him treatment? Treat him with what-harmful pharmaceuticals for the companies to make money off him? "Five years is a long time"-that attorney's making himself look bad. That's a huge human injustice. The real criminals are the people sentencing him. If he was brewing beer near a school they wouldn't have any problem. Yes, this kind of stuff happens all the time, you can say, but I just can't help it. It's wrong. I hate it. No one deserves that.
Turdbag deserved it, growing too many plants, shame shame, u think he gets to keep his card when he gets out?
Why the hell would you show your grow on the news, he wasnt aware that federal law overrides state? Its too bad, but its really his own fault for growing too many plants and bragging.
Who cares if he's got too many plants? Jesus just because the almighty law says you can't do doesn't mean it's wrong. Wake the fuck up people.
I never said I cared, my point was you dont show your grow (medical or not) to anyone, especially if your growing more plants than the law allows, and especially to 9news
Well.... So in other words, if its true, then hes just a drug dealer with a medical card. He should be happy he lives in a state where mmj is even possible.
he took horrible advantage of his grow limits. im legal with my 3 veggin and 3 flowering. but i will admit that i always have 3 clones rooting. but until they have roots they arent considered a plant. cant wait till i get to caregive for my buddy and my wife. then its 18 plants!
You're all missing the point of the arrest/propaganda. Its to paint the picture that even when "legalized" these "pot heads" are still going to break the law.
The DEA and the feds use arrests like this to further prop up their distorted view of the way "these people" make a mockery of the law.
Unfortunately, since 80% of people who watch the news cannot filter out bullshit, this tactic is effective. The media has always pulled out the the worst examples of cannabis users to "show to the world what we are about."
Lets not forget the grower who was arrested for having meth and 6 lbs of weed...sounds like he is a stupid dealer, right? He'd just harvested and had not yet distributed the harvest to his four patients (who can have 24 oz each) The "meth" was his kids ADHD drugs, that they pulled out of the medicine cabinet during the raid. That one got thrown out of court, when they tried to subimit the ADHD drugs, still in the bottle, with the kids name on it.
