MAN CHARGED WITH GROWING POT LOSES EARLY COURT TUSSLES TO FEDS

A Highlands Ranch man charged with federal drug crimes for his
medical-marijuana-growing operation suffered a major setback Wednesday
when a judge said he will not be able to raise a medical defense at
trial.

Federal District Judge Philip Brimmer rejected Christopher
Bartkowicz's bid to argue that compliance with state medical-marijuana
law negated any violation of federal law.

"Federal law is supreme on this particular point," Brimmer
said.

Brimmer also shot down a series of other arguments Bartkowicz had
hoped to pose, including that Colorado's medical marijuana is
fundamentally different from marijuana that is illegal under federal
law and that an October 2009 Justice Department memo provides legal
shelter for people operating in compliance with state
medical-marijuana laws.

The rulings - Brimmer also denied a motion from Bartkowicz to dismiss
the case - deal a significant blow to Bartkowicz's trial hopes.
Bartkowicz was arrested in February after talking about his basement
medical-marijuana grow to 9News. Bartkowicz has maintained that his
operation was compliant with state law, something federal officials
have disputed.

But without cover from state medical-marijuana laws, Bartkowicz's case
will be decided purely on federal law, under which all marijuana
growing is illegal. Because he has two prior state-level drug
convictions, Bartkowicz could face from 10 years to life in prison if
convicted.

He declined to comment after Wednesday's hearing, as did his attorney,
Joseph Saint-Veltri.

During the hearing, Saint-Veltri argued Bartkowicz's case should be
dismissed because Bartkowicz believed he was following all the rules,
including a Justice Department memo that said federal officials in
most cases wouldn't target people operating in "clear and unambiguous
compliance" with state law.

"A lay person would come to the conclusion that the cultivation of
medical marijuana is exempt from federal prosecution," Saint-Veltri
said.

Assistant U.S. Attorney M.J. Menendez disputed that reading, saying
the memo made clear it could not be used as a defense against federal
prosecution. Brimmer agreed.

"To the extent he based his takeaway points on a hopeful
interpretation rather than the terms of it is unreasonable," Brimmer
said.

Saint-Veltri argued that Bartkowicz was the victim of selective
prosecution by the Drug Enforcement Administration as reprisal for his
talking with 9News and noted that almost no other medical-marijuana
growers have been federally charged in Colorado. Menendez said DEA
agents targeted Bartkowicz because of his prior convictions and his
house's proximity to a school, which, she said, is a "compelling
federal interest."

"If it is," Bartkowicz responded while testifying Wednesday, "then why
am I the only person here?"

Bartkowicz's trial is scheduled to begin Nov. 1. Brimmer said
Bartkowicz will only be able to mention medical marijuana at his trial
in describing what he told federal agents about his operation.