DENVER - Federal prosecutors say they are preparing documents to charge a man whose home was raided Friday for growing medical marijuana.
Chris Bartkowicz will face one charge of possession of marijuana with the intent to distribute.
If convicted, the charges carry prison terms of five to 40 years.
Federal investigators say Bartkowicz had 224 plants in various stages of development at his Highlands Ranch home near C-470 and University Boulevard.
Bartkowicz violated state medical marijuana laws and the federal ban on marijuana, U.S. Attorney David Gaouette told 9Wants to Know Tuesday.
The Drug Enforcement Administration says Bartkowicz had more plants than state law allowed.
"He had fewer than 15 certificates showing he was a caregiver," DEA Special Agent in Charge Jeffrey Sweetin told 9Wants to Know Monday.
State law allows caregivers to have six marijuana plants per patient. The law says people who have more can show "that such greater amounts were medically necessary to address the patient's debilitating medical condition."
In a jail house interview Saturday, Bartkowicz said each plant he grew was medically necessary for him or his patients.
Barkowicz, who has a medical marijuana license, said he believed his operation followed medical marijuana laws.
Sweetin disagrees.
"He is well outside state law on plants verses certificates," Sweetin said. "This guy was in violation of state law."
Bartkowicz said he believed federal agents would not target his grow operation after an October memo from the U.S. Attorney General's office to federal prosecutors setting marijuana guidelines for federal agents.
"The guidelines make clear that the focus of federal resources should not be on individuals whose actions are in compliance with existing state laws," said a press release on Oct. 19, 2009 from the U.S. Attorney General's office.
"...Prosecution of individuals with cancer or other serious illnesses who use marijuana as part of a recommended treatment regimen consistent with applicable state law, or those caregivers in clear and unambiguous compliance with existing state law who provide such individuals with marijuana, is unlikely to be an efficient use of limited federal resources," wrote David Ogden, Deputy Attorney General in the memo.
The memo directs federal prosecutors to focus on significant traffickers of illegal drugs.
"...The disruption of illegal drug manufacturing and trafficking networks continues to be a core priority in the Department's efforts against narcotics and dangerous drugs, and the Department's investigative and prosecutorial resources should be directed towards these objectives."
Sweetin said Monday his agents will not target medical marijuana dispensaries unless there are unusual circumstances.
Source: 9News.com
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