Colorado Patient Denied Medical Defense by Feds
Activists Pressure Congress to Clarify Policy
For immediate release: September 23, 2010
For more information, contact the: Cannabis Therapy Institute
877-420-4205
{Denver} -- In a ruling on Wednesday (9/22) that is sending chills
through every medical marijuana provider in Colorado and nationwide,
patient Chris Bartkowicz has been denied the use of a medical marijuana
defense in federal court. Chris is facing federal charges of marijuana
cultivation after he was interviewed for a KUSA 9 News story about
medical marijuana cultivation. Chris is facing a mandatory minimum
sentence of 60 years in prison.
At a motion's hearing on Wednesday in federal court, it was clear
that the feds have stacked the deck effectively against state rights
to regulate medical marijuana. The Honorable Federal District Judge
Philip Brimmer ruled against Chris' court-appointed attorney, Joseph
Saint-Veltri, on almost every point. Chris's prosecutor, Assistant
U.S. Attorney M.J. Menendez, said that marijuana had been on the
controlled substances list "since the beginning of time"
and that the feds recognize no exemption for medical marijuana,
even if cultivated in compliance with state law.
Saint-Veltri argued that Chris' case was selective prosecution,
given that there are hundreds of people in Colorado currently cultivating
medical marijuana who have not yet been raided by the feds. Saint-Veltri
pointed out that Budding Health dispensary owner Josh Stanley was
also featured in the KUSA segment as a marijuana grower, but was
never raided or investigated.
Saint-Veltri argued that Chris was acting in good faith and sincerely
believed that he was in violation of neither state nor federal law.
Chris testified that he felt the federal climate had changed with
regard to federal prosecution of medical marijuana patients after
Obama's election. Chris testified that he had relied on US Attorney
General Eric Holder's statements on March 19, 2009 that he would
not prosecute dispensaries. These statements made world-wide news,
with the LA Times calling it "a landmark turnaround from the
Bush administration's policy of zero tolerance for cannabis use
by patients."
http://articles.latimes.com/2009/mar/19/local/me-medpot19
In addition, Chris relied on a memo of Oct. 19, 2009 from David
W. Ogden, U.S. Deputy Attorney General to selected US Attorneys.
The Ogden memo, which was also widely publicized by the Department
of Justice, gave guidance to federal prosecutors about allocation
of resources to prosecute medical marijuana cases. The Ogden memo
said that medical marijuana cases were "unlikely to be an efficient
use of limited federal resources."
http://blogs.usdoj.gov/blog/archives/192
Saint-Veltri also stated that Chris had been relying on signals
from the state that they had worked out some sort of "accord"
with the DEA about not prosecuting Colorado dispensary owners. Specifically,
Saint-Veltri wanted to question Matt Cook, head of the Department
of Revenue's Medical Marijuana Enforcement Division, who had stated
in a recent Kush magazine article that "medical marijuana centers
or infused products manufacturers should not be targeted by the
DEA."
http://www.findmypot.com/2010/08/19/kush-magazine-press-release-on-centers-growing-more-than-99-plants/
Saint-Veltri wanted to question Cook about his meetings and conversations
with the DEA regarding enforcement of federal law. Cook fought his
subpoena to testify. Cook's attorney Pam Rosenberg admitted that
Cook had had conversations with the DEA, but said that his testimony
would be "irrelevant." Judge Brimmer ruled that Cook did
not have to testify based on a technicality of improper service
of the subpoena.
Assistant U.S. Attorney M.J. Menendez said that the feds have every
intention of continuing to prosecute medical marijuana patients
and providers, regardless of state laws. She stated that the DEA
has reached "no accord" with Matt Cook regarding federal
prosecutions of medical marijuana patients or providers.
Menendez stated that Holder statement in March 2009 was just a
"loose remark" and that the Ogden memo states clearly
that "this guidance regarding resource allocation does not
. . . provide a legal defense to a violation of federal law."
Menendez argued that "a reasonable person would not rely on
statements made by Holder or Obama."
Menendez concluded that "every statement in the record by
the federal government says the government will continue to prosecute"
medical marijuana patients and providers.
In the end, Judge Brimmer ruled that Chris cannot present a medical
marijuana defense at his trial. "Anyone reading (the memos)
would quite clearly understand that cultivating marijuana is a violation
of federal law," Brimmer said.
Judge Brimmer says Chris Bartkowicz is one of two medical marijuana
patients currently being prosecuted in his court. It is unknown
how many other patients are currently being prosecuted by the feds.
Chris' trial is schedule for Nov. 1. He faces a mandatory minimum
of 60 years in prison. He rejected an earlier plea bargain offer
because it would have required him to turn someone else over to
the feds. Chris refuses to become a snitch and will stand up for
his rights, and the rights of all other Colorado patients and providers,
at his jury trial.
TAKE ACTION TO PROTECT PATIENTS
Call and write your Federal Senators and Representatives:
1) Request that they send a "clarification of policy"
letter to the Department of Justice requesting clarification of
their official policy of prosecuting medical marijuana cases. Tell
them Colorado patients need to know they are safe from federal prosecution.
2) Ask that House Members co-sponsor HR3939, the Truth in Trials
Act, which would provide an affirmative defense for the medical
use of marijuana in federal court. Rep. Jared Polis is currently
the only Colorado co-sponsor of this Bill.
http://www.govtrack.us/congress/bill.xpd?bill=h111-3939
Please send copies of any correspondence to: info@cannabistherapyinstitute.com
COLORADO CONGRESSIONAL DELEGATION
TOLL-FREE NUMBERS TO CONGRESS
877-762-8762
866-338-1015
866-220-0044
COLORADO SENATORS
(Represent entire state.)
Senator Mark Udall (D-CO)
Email: http://markudall.senate.gov/?p=contact_us
Senator Michael Bennet (D-CO)
Email: http://bennet.senate.gov/contact/
COLORADO REPRESENTATIVES
(Represent people by district.)
Find your district:
http://www.votesmart.org/
Rep. Diana DeGette (D-01)
http://www.house.gov/formdegette/dcs_zip_auth_v2.shtml
Rep. Jared Polis (D - 02)
http://polis.house.gov/Contact/ContactForm.htm
Rep. John Salazar (D - 03)
http://www.house.gov/salazar/contact.shtml
Rep. Betsy Markey (D - 04)
http://betsymarkey.house.gov/Contact/
Rep. Doug Lamborn (R - 05)
http://lamborn.house.gov/index.cfm?sectionid=129
Rep. Mike Coffman (R - 06)
http://forms.house.gov/coffman/webforms/issue_subscribe.htm
Rep. Ed Perlmutter (D - 07)
https://forms.house.gov/perlmutter/webforms/contact.shtml
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