Yesterday, Wednesday September 22 2010, Chris Bartkowicz the medical marijuana caregiver who was the victim of a DEA task force raid earlier this year, was not only denied a motion to dismiss the case but the judge also denied for his defense to use in his defense the Colorado MMJ laws that were already officially voted into law by the citizens of Colorado. Bartkowicz is facing 60 years for something he wholeheartedly felt was legal – as he puts he completely felt that his grow operation was in compliance and was so confident that he even allowed a local television news crew to check out his operation several days before the raid. It is pertinent to note that this case is being followed very closely by the DEA headed by Jeff Sweetin who is always quick to add that marijuana has not been approved on a federal level.

Medical marijuana is not legal at the federal level but Obama’s administration made a very clear statement when he took office that they would respect state laws and would no longer conduct raids or actively prosecute medical marijuana facilities where the citizens had voted it legal. Clearly the Bartkowicz case is in direct opposition to this mandate and as attorney Brian Vicente said at a rally yesterday that he believe the DEA office involved to be a “rogue” element at work engaging “in scare tactics” to try and “reclaim Colorado as their(federal) turf.” It appears the Bartkowicz case is clearly being set up as an example that the federal law has no regard for the opinions of it’s citizens.

Chris Bartkowicz can be jailed for up to 60 years for his charges which would cost taxpayers in upwards of 1.8 million dollars to prosecute and jail him. Bartkowicz was offered a plea deal back at the time of the arrest but rejected that offer because to him he was operating under Colorado State law. His trial is scheduled to begin on November 1.

At the federal level marijuana is still considered a Schedule 1 controlled substance. Undeniably the federal laws appear absurdly archaic in light of the vast amount of data that marijuana is far less harmful and/or addictive than less regulated substances like pharmaceuticals, alcohol and cigarettes which are all in the top 5 list for causes of death in the country. The simple fact remains there has not been one single death ever reported from marijuana use.