JUDGE DENIES MOTION TO DISMISS POT CASE

Highlands Park Resident Faces Up To Life In Prison

The Highlands Ranch medical marijuana grower who was arrested after
showing off his suburban grow operation to a television reporter lost
his attempt yesterday to have his case thrown out.

The judge also denied a motion to allow Chris Bartkowicz, who is
facing 60 years in prison, and his attorneys to use Colorado medical
marijuana laws when the case reaches trial. Medical marijuana attorney
Brian Vicente noted that the judge forbidding Bartkowicz to argue that
the marijuana was medicinal would make it a "very tough trial."

"Mr. Bartkowicz and his lawyers made the argument that he should be
able to tell the jury the truth, that he was growing marijuana
medically," Vicente said. "Unfortunately, the judge denied his motion
so now he is going to have to move forward without the availability of
discussing the truth of the matter that he was growing marijuana for
sick people."

Jeff Sweetin, the head of the DEA in Colorado, has said that his
agency is responsible for enforcing federal law and that Bartkowicz,
who claimed to be a caregiver, had more plants than allowed in
relation to the number of patients he cared for. Sweetin noted that
medical marijuana has not been approved on a federal level.

But medical marijuana activists like Vicente believe the DEA bust and
resulting trial that could bring life in prison is a case where
"rogue" DEA agents and U.S. Attorney's Office are trying to make an
example out of Bartkowicz.

"They're engaging in scare tactics to try to reclaim Colorado as their
turf," he said.

The upcoming trial is being viewed as a test case for the evolving
medical marijuana industry. Although President Barack Obama's
administration issued a memo to the DEA to respect individual state
law and not conduct raids on medical marijuana facilities in states
that have approved the use, marijuana is still federally classified as
a Schedule 1 controlled substance. The memo also says that federal
prosecution in those cases was unlikely, not impossible.

Bartkowicz is facing a severe sentence because he has previous
marijuana-related convictions and was growing the medical marijuana in
his house that was within 1,000 feet of a school. Bartkowicz has
maintained that he didn't think he was doing anything wrong, which was
why he agreed to show off his grow operation to KUSA-TV.

Vicente helped organize a rally to show support for Bartkowicz
yesterday morning in advance of the hearing. He finds it outrageous
that Bartkowicz could be thrown in jail for more than 60 years, which
would likely cost taxpayers more than $1,800,000, for growing a plant
that Colorado voters approved for medical purposes.

"I'm hoping that the federal government will respect the will of
Colorado voters and stop prosecuting people for following state law,"
he said. "But we don't really know, there are definitely zealous
anti-marijuana crusaders out there."

Bartkowicz was offered a plea deal in April but rejected the offer,
instead opting to take the case to trial, arguing that his operation
was legal under Colorado law. The criminal trial is scheduled to start
Nov. 1.