Colorado Grower Faces Uphill Federal Battle

The Highlands Ranch, Colorado resident who was raided by the DEA after displaying his grow operation to a local television news reporter is battling against an increasingly strong current in the first Federal prosecution case to follow the Obama administration's memos relating to Medical Marijuana.

The defendant, Chris Bartkowicz, was raided mere hours after brazenly displaying the grow operation that took up almost every square inch of his upscale neighborhood home in 2009. The raid, which sent a large ripple of concern through the Medical Marijuana community, was conducted several months following a memo by the Obama administration citing that the DEA should not pursue Medical Marijuana patients or providers. Bartkowicz undoubtedly felt secure in the issuance of these statements and proceeded to invite reporters into his residence where he proceeded to brag about the number of plants, and the amount of revenue he stands to make.

For many of the Colorado Medical Marijuana community, who knew it best to let a sleeping dog lie, the actions of Bartkowicz were at the very least mind-numbing and shocking. While the State of Colorado does allow for the use of Medical Marijuana to its qualified residents, the major aspects regarding prosecution under Federal guidelines involve both number of plants, and generating excessive revenue from illegal activities--both of which Bartkowicz had no qualms discussing openly.

Unfortunately for the defendant, who has been prosecuted twice before for marijuana cultivation, this third strike may be his last. He faces a potential life sentence for the laundry list of transgressions related to his most recent arrest. While many Medical Marijuana Colorado advocates rally behind Bartkowicz and the contradiction of the Federal governments actions in this matter, most are still surprised one could be so myopic.

Bartkowicz will most likely be raked over the coals for this case, as the judge has prevented almost every aspect of his defense from being used in his trial. He has been disallowed a claim that the memo from the president's administration offers protection, as well as any experts stating the claim that Medical Marijuana has therapeutic benefits. Whatever the final decision for Bartkowicz, the end result will certainly offer some clarity on how Medical Marijuana providers will proceed with their operations.