Latest on Obama Administration and Medical Marijuana
Bump and Update: I have been advised by the AUSA on the Bartkowicz case that Washington is not involved and did not direct, dictate or write the Government's motion or brief. She wrote the brief, and the case is proceeding with the approval of our new U.S. Attorney who took office this week. So if you are in a federal district other than Colorado, you don't have to worry the motion described below is the product of a coordinated effort by DOJ in Washington to prevent defendants from raising compliance with state law or the Holder/Ogden memos as a defense to federal prosecution. It appears that it's being decided by the individual districts and on a case by case basis.
Some of you may remember the case of Chris Bartkowicz, a Colorado marijuana grower who allowed the media to film and air a news segment on the marijuana grow in his house. When the DEA saw it on TV, they promptly arrested and charged him. The Government said he had 224 plants, and based on the three charges in the Indictment, if convicted, due to his prior convictions, he now faces mandatory minimum sentences of ten years, twenty years, and sixty years. The Government maintains he could receive a life sentence. (The Government's initial complaint is here.)
The Government filed a 50 page motion this week seeking to prevent Bartkowicz from arguing the Holder or Ogden memorandum or Colorado's medical marijuana law as a defense to the charges. The money quote from the motion, which is available on PACER:[More...]
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