Pubdate: Thu, 23 Sep 2010
Source: Aurora Sentinel (CO)
Copyright: 2010 Aurora Sentinel
Contact:  http://www.aurorasentinel.com/
Details: http://www.mapinc.org/media/1672

MEDICAL POT TRIAL A SHOWCASE FOR INJUSTICE

The fate of a Highlands Ranch man accused of illegally growing
marijuana inside his house weighs heavily on all Colorado residents.

You might not know Christopher Bartkowicz by name, but you almost
certainly know his predicament. He's the man who got in front of
Channel 9 News cameras in February and bragged all about how happy he
was to be growing medical marijuana in a state that allowed such a
thing.

Days later, federal drug agents arrested him and asked that felony
federal drug charges be filed against him.

There's no arguing that Bartkowicz appeared at the very least flip
during his TV interview about his newfound career as a suburban pot
farmer, seemingly cavalier about sticking his thumb in the eye of law
enforcers.

So it wasn't a total surprise that federal drug agents would track
Bartkowicz down to at least find out just what was going on inside his
Highlands Ranch home.

But what federal officials did was beyond the pale in levelling an
unethical low blow to Bartkowicz and all Colorado residents by
completely disregarding Colorado's controversial, fledgling medical
marijuana law.

They can't do that. This week, federal prosecutors are arguing that
Bartkowicz' lawyers should be prohibited from even bringing the state
medical-marijuana law to the court's attention, preferring to push
through federal drug charges and the case on its surface. It's a huge
slap in the face to every Colorado voter and to even a sense of justice.

Whether Bartkowicz is genuine in saying that the state's medical
marijuana law was the impetus for his horticultural development isn't
the point. It's for a judge and jury to decided whether he followed
the law. What's important is that Bartkowicz or anyone else could
reasonably assume that state law created a change in how marijuana
could be grown, distributed and used.

Federal officials are choosing to disregard this law, not based on
solid legal principals, but because some federal drug officials simply
don't like the idea.

That goes against our vital principal of being a rule of law and makes
Colorado a place where the law enforcers rule, a dangerous and
unnerving development.

Attorney General Eric Holder was remiss in calling federal prosecutors
off of this case, allowing Colorado to sort this out before federal
officials became part of the issue, especially in light of previous
announcement that the Obama administration would do just that for the
handful of states struggling with this issue.

It doesn't mean that Colorado should just be a free-for-all when it
comes to marijuana regulation, but it's absolutely atrocious that
federal officials would so wantonly disregard the change in Colorado
law. This is not a case of a state violating the U.S. Constitution nor
the rights it bestows upon citizens. It's a case where attitudes about
marijuana are evolving and laws across the country are beginning to
reflect that, not unlike the rise and fall of Prohibition.

It could well be that common sense will prevail in the United States
and marijuana will go the way of hard liquor and cigarettes, becoming
taxed and regulated. As it did during the end of Prohibition,
decriminalization took the industry out of the hands of brutal,
sometimes murderous criminals and turned it over to an industry that
supports a vast number of jobs and taxes.

What a boon it would be to the United States and all of North America
to take this industry out of the hands of ruthless Mexican and South
American thugs and gangsters, realizing that no amount of money, spin
or effort will ever end the widespread use of marijuana in this
country or any other.

Whether any or all of that comes to pass is a matter for every
Colorado resident, U.S. citizen and their elected representatives.
It's by no means a place for the federal government take the matter up
on its own in some effort to effect personal agendas or desired outcomes.

Congress, the Obama administration and the Colorado Legislature need
rein in federal officials immediately, and starting with those
involved with the Bartkowicz case is the perfect place to start.
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MAP posted-by: Matt