Legal Commentary

Marijuana Grower Raided by DEA Gets Bond

By Jeralyn

A U.S. Magistrate Judge this afternoon granted bond to Chris Bartkowicz, arrested last weekend after DEA raided his residence, having seen a news story about him on TV in which he claimed to be growing legally under Colorado law.

The Government had requested Bartkowicz be detained without bond pending trial. A hearing will be held tomorrow morning on his lawyers' motion to require the DEA to preserve the plants.

The judge set bond in the amount of $10,000.00 cash. He will also be on electronic monitoring. [More...]

While the DEA at first justified its raid saying Barktowicz's belief he was in compliance with state law made no difference because marijuana is illegal under federal law, it has since modified its position to alleging Bartkowicz wasn't in compliance with Colorado law because he had 224 plants, which was more than six plants per the number of patients for whom he showed them a license. DEA continues to insist it will go after those who make large amounts of money or intend to distribute the marijuana.

Unlike California, there is no requirement in Colorado that medical marijuana providers be non-profit. Nor is there a limit on the number of patients for whom one can be a care-giver. Legislative proposals are pending to change that.

Full post as published by TalkLeft on February 18, 2010 (boomark / email).