POT GROWER'S PUNISHMENT DOESN'T MATCH HIS CRIME

For Saying the Wrong Thing at the Wrong Time, a Colorado Man Is
Bearing the Brunt of Overzealous Federal Prosecution.

When Denver's KUSA-TV interviewed Christopher Bartkowicz last year,
the pot grower from Highlands Ranch bragged about all the money he
would make under Colorado's booming dispensaries.

Not a bright idea.

Still, we don't believe Bartkowicz deserves the punishment he's
received for his mistakes.

After the interview, federal agents raided Bartkowicz's suburban home
and seized more than 100 pot plants in his basement. The feds claimed
they chose Bartkowicz not only because they suspected he was growing
more marijuana than permitted by law, but because he also had
previous drug convictions and lived near a school.

Potentially facing up to 10 years to life in prison and as much as $4
million in fines for growing 100 plants, Bartkowicz pleaded guilty to
three drug charges and was sentenced to five years in prison.

U.S. Attorney John Walsh claimed that, given the circumstances
surrounding the case, Bartkowicz's sentence was "appropriate and
proportionate."

We disagree. To begin with, Bartkowicz, a licensed medical marijuana
caregiver, was barred from using Colorado law in his defense despite
the fact that medical marijuana has been legalized here. Bartkowicz
argued that his marijuana was for patients and dispensaries legal
under Colorado law.

Moreover, two years ago the Obama administration issued a directive
to all federal law enforcement officials "not to focus federal
resources in your States on individuals whose actions are in clear
and unambiguous compliance with existing state laws."

So was Bartkowicz really the only caregiver not in full compliance
with Colorado's morphing laws?

This bust happened in the middle of a complex, fluid and contentious
debate regarding the future of medical marijuana.

It's certainly difficult not to wonder if Bartkowicz was singled out
for being on television and for living in a suburban neighborhood.
But we also wonder if federal officials were trying to intrude on
this statewide debate and scare off growers.

We don't believe a five-year term for a crime of this nature is
called for, and we're also concerned about federal law enforcement
involvement in Colorado's business.