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Judge says medical-marijuana grower "miserably failed" to follow law

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posted on Jan, 29 2011 @ 02:33 AM
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Judge says medical-marijuana grower "miserably failed" to follow law


www.denverpost.com

Bartkowicz will be the first person in Colorado to serve federal prison time for actions he says were legal under Colorado's medical-marijuana law. Agents seized more than 100 plants from Bartkowicz's house. Bartkowicz said he was a medical-marijuana caregiver to several patients and sold the rest to legal dispensaries.

He said Bartkowicz "miserably failed" to follow Colorado law because of the number of plants he had and because he never met many of the patients who used his marijuana.
(visit the link for the full news article)



posted on Jan, 29 2011 @ 02:33 AM
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If he failed to follow Colorado law then why didn't Colorado arrest him? This was a federal arrest, the DEA looking to make an example of someone? It is obvious the states of the US have a different agenda than the federal government.

Drug wars and the accompanying street crime are necessary for NWO government to cultivate a compliant populace. Drug prohibition has been an effective tool to foster crime and violence that prompts the people to ask for more intrusion into their lives and forego privacies in hopes the government will provide them security. The intent on the government's part though is to continue to exacerbate the problems to further that objective.

Many of the US states, however, have no such objective and truly do have their residents' well-being at heart. They find it preferrable to grant to their people what they wish, within reason. Medical marijuana would seem reasonable to the rational person, rational persons unaware of or unmoved by the objectives of the federal government.

www.denverpost.com
(visit the link for the full news article)


edit on 29-1-2011 by Erongaricuaro because: (no reason given)



posted on Jan, 29 2011 @ 02:45 AM
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Bartkowicz lost a bid to be able to use a medical defense in his federal court case. Because all marijuana cultivation is illegal under federal law, that left him with few options but to strike a deal with prosecutors.


This particular comment from that article really bothers me. So no matter what any of the State's Laws are, in any state, the feds can and will arrest and charge whoever they want to, and there is nothing that can be done about it. Maybe I'm naive for not already knowing this. Doesn't affect anything for marijuana laws in my state, because its all illegal, but I was under the impression that things were different in other states where Medical Marijuana is legal.
www.denverpost.com...



posted on Jan, 29 2011 @ 02:49 AM
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"Med mj" suppliers ALWAYS LIE.

It is a well-known fact.

Good judge.



posted on Jan, 29 2011 @ 02:56 AM
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reply to post by catwhoknowsplusone
 


People like you will bring our country to it's knees.
"Yes, yes, take more control of us, arrest us for have plants, its what we need!"

disgusting




Original post by Erongaricuaro
Drug prohibition has been an effective tool to foster crime and violence that prompts the people to ask for more intrusion into their lives and forego privacies in hopes the government will provide them security.


excellent point,couldnt be more true.


ps. 200 posts YAY!!



posted on Jan, 29 2011 @ 02:57 AM
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The federal laws trump those of the states, despite the 10th amendment granting states rights. Under Bush there was a push by the feds to conduct raids in states that have medical mj laws. One thing I could say for Obama is his policy, up to now, has been to leave those states alone.

It seems they were looking for an excuse to act. Their claim is this man is in gross violation, that he "miserably failed" to follow the law. Failed what laws though? Those of the State of Colorado? To do anything with mj is a violation of federal law.


Brimmer, in handing down the sentence, echoed those concerns.

He said Bartkowicz "miserably failed" to follow Colorado law because of the number of plants he had and because he never met many of the patients who used his marijuana. That, Brimmer said, means the case is not an example of the federal government oppressively interfering with state law but rather fits with Bartkowicz's prior marijuana convictions.

Because all marijuana cultivation is illegal under federal law, that left him with few options but to strike a deal with prosecutors. Because of his prior convictions, Bartkowicz potentially faced a life sentence under the initial charges against him.

Read more: Judge says medical-marijuana grower "miserably failed" to follow law - The Denver Post www.denverpost.com...


The Federal Judge citing colorado law? Why was he not arrested under Colorado law?


edit on 29-1-2011 by Erongaricuaro because: (no reason given)



posted on Jan, 29 2011 @ 03:19 AM
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reply to post by iSHRED
 


YAY! How brilliant!

I, alone, am bringing the mighty US to its knees!

WOW! I am so flattered.

Listen, mate, we all know marijuana should be decrimmed, but the lawmakers are pretty stupid.



posted on Jan, 29 2011 @ 03:31 AM
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Originally posted by catwhoknowsplusone
reply to post by iSHRED
 


YAY! How brilliant!

I, alone, am bringing the mighty US to its knees!

WOW! I am so flattered.

Listen, mate, we all know marijuana should be decrimmed, but the lawmakers are pretty stupid.


The lawmakers, and the people for that matter, are either past "pretty stupid" or they are in on the scam. To perpetuate the World War on Drugs is irrational. To continue prohibition on cannabis is criminally insane. Either insane or Incredibly Stupid!


edit on 29-1-2011 by Erongaricuaro because: (no reason given)



posted on Jan, 29 2011 @ 03:58 AM
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this would be laughed at in california. 100 plants is your standard co-op. colorado needs to step in and flex or the feds are just going to keep walking all over them.

in cali this doesnt happen because city councils issue commercial grow liscences now for upwards of $10000. these allow growers to produce thousands of plants exclusively for dispenseries, and not specific individual patients like before.



posted on Jan, 29 2011 @ 04:58 AM
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reply to post by catwhoknowsplusone


i never said you alone, i said people like you, who want to be controlled.

however if you were being sarcastic i apologize, i missed it

but if you were sincere, my comment stands



posted on Jan, 29 2011 @ 05:06 AM
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reply to post by iSHRED
 


Hi iSH,

I felt very important, being able to bring down America!

What I hate is that because mj is still illegal, there are a lot of people, including cops, doing a lot of crap things.

I am the first person to say - let us embrace mj - what a great plant - it helps with a lot of things.
So, my point is that because it is still illegal, a lot of arseholes are making a lot of money from it.



posted on Jan, 29 2011 @ 08:06 AM
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reply to post by catwhoknowsplusone
 


see but the point of this thread was that he violated no state law, yet the federal judge claims he did. And then you go and spout out "Good judge", when this is about how the judge put false charges on him...



posted on Jan, 29 2011 @ 08:56 AM
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so let me get this straight...feds can enforce state law, but a state cannot enforce fed law? (arizona)

if i recall the situation in arizona correctly, the feds defense to the citizenship law was that a state cannot enforce federal law. surely it works both ways, no?



posted on Jan, 29 2011 @ 09:47 AM
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reply to post by RelentlessLurker
 


Amazing the gall of that Federal judge to cite violation of state law as a reason, when in fact the state didn't arrest him.

Because of a previous pot offense the guy was pressured to make a deal, cop a plea and take 5 years under threat of possible life sentence.

Being tried in Federal court he was denied using medical defense as he could have done if tried by the State of Colorado.


edit on 29-1-2011 by Erongaricuaro because: (no reason given)



posted on Jan, 29 2011 @ 10:05 AM
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reply to post by catwhoknowsplusone
 


Really? Good judge for locking someone up who was in possession of a virtually innocuous substance?

I hate people more and more with each passing day......



posted on Jan, 29 2011 @ 10:46 AM
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Does anyone know if this guy was in any of the documentaries about medical marijuana?

This guy faces life in prison for growing plants, I know he made a deal but life for growing plants is a great injustice. Murders, rapist, and pedophiles often get much less of a sentence. Anyone who thinks the laws and prohibition is justified is insane. Our generation needs to step up and try to make things right.

edit on 29-1-2011 by jrod because: (no reason given)



posted on Jan, 29 2011 @ 04:46 PM
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Originally posted by Erongaricuaro
It seems they were looking for an excuse to act. Their claim is this man is in gross violation, that he "miserably failed" to follow the law. Failed what laws though? Those of the State of Colorado? To do anything with mj is a violation of federal law.


Yes, failed to observe the laws of Colorado. He had about x4 as many plants as he was allowed under the state medical mj law. IIRC he had something like 240 plants in his basement, a very large scale commercial growing operation.

I'm against drug prohibition. But the DEA busted him because he was acting like a fool. He was on the local news stations talking up his grow, bragging about all the money he made, and how his neighbors had no clue what was going on under their noses.

I've read from other sources, in states without medical mj laws, the feds don't get involved in prosecuting mj growers unless it's over 100 plants, way beyond what could be considered a personal amount.

It wrong for anyone to go to jail for growing a plant, but this guy brought attention to himself.



posted on Jan, 29 2011 @ 08:07 PM
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He was an idiot allowing himself to be interviewed on TV while being in violation of State and Fed law. No doubt he knew he was breaking the law regardless of what he's said. He then had the nerve and stupidity to rub their faces in it. Dumba$$.
I think the reason for the Federal charge is they knew it would stick because it's black and white and he was clearly in violation. I'm sure state violations were entered as evidence to reinforce the case if needed.

It is screwed up though, I live in the same state and know a few in the business. What I've been told is it's a gray area that LEO's don't even know the laws they need to enforce but if you play by the rules they leave you alone. Summit County in the Rockies legalized it for everyone that's of age. In one town here they have a dispensary that's directly across the street from the police station but yet they're breaking Fed law, weird.



posted on Jan, 29 2011 @ 08:21 PM
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www.youtube.com...

Great documentary here guys . How weed won the West
Enjoy!



posted on Jan, 29 2011 @ 08:29 PM
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Judge, you miserably fail to send real criminals to jail. Tyrannical laws are none such at all says my pet mongoose. I see of no reason, besides fear, why the lesser good should triumph over freedom.



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