NEWS: Man Fighting Marijuana Charges Based On Freedom Of Religion

GEORGETOWN, Colo. -- Trevor Douglas is fighting charges of marijuana possession based on his religious use of cannabis as a sacrament. The 25-year-old from Avon goes to trial Tuesday afternoon in Georgetown.

Douglas said he was pulled over for having an expired vehicle registration in Clear Creek County in August 2009. The deputy claimed he smelled cannabis in the vehicle. Douglas admitted there was cannabis inside the vehicle, and voluntarily gave it to the officer. Douglas explained to the officer that he uses cannabis for religious purposes.

Douglas is a member of the Church of Universal Sacraments as well as the The Hawai`i Cannabis Ministry in Hilo, Hawaii. Both of these organizations mandate the use of cannabis as part of their religion. Religious freedom is protected by the First Amendment to the U.S. Constitution, and the Colorado Constitution has even stronger protections for religious freedom, explicitly protecting all religious "methods of worship."

According to THC Ministry founder Roger Christie, cannabis has been used for centuries as a sacrament by spiritual seekers and is the original sacrament of Hebrew, Muslim, Christian, Hindu, Shinto, Buddhist, Rasta and more.

Douglas says he plans to defend himself against the charges of possession of less than one ounce of marijuana and possession of paraphernalia. In a statement to the court, Douglas wrote:

"The religious use of cannabis is mandated by my god, just as wine and bread are used by Christians or peyote used by Indians. Cannabis has been used by my family for generations for prayer, communion, healing and spiritual enlightenment. My religion is that of my fathers. My religious beliefs are protected by our Constitution and the Church ID I showed Trooper Graham clearly states so. I own and operate an Organic Meat Distribution Company in Vail, CO and work as a Electronic System Technician. I have a very good record as a citizen and try to give back to my community in every way. These charges are a clear violation of my first amendment rights and I request that they be dismissed."

Source: The Denver Channel

NEWS: Prosecutors to charge medical marijuana grower

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