Judge rules Colorado's medical marijuana law is no defense for federal drug charges

ap ^ | September 22, 2010

[george76]

A pot grower won't be allowed to use Colorado's medical marijuana law to fend off federal drug charges.

The decision Wednesday by U.S. District Judge Philip A. Brimmer means that Christopher Bartkowicz faces a possible life sentence on federal marijuana cultivation charges.

Brimmer said that suggestions by the White House that the U.S. government wouldn't pursue pot cases in states that allow medical marijuana cannot be used as a defense on federal drug charges.

[pnh102]

And why should the federal government have ANY jurisdiction here? This is a private citizen growing a plant on presumably his own private property. Unless even a seed of the plant went across state lines or into another country then the federal government should have no case here.

[Celtic Cross]

Its pot. You make it sound so innocuous, 'growing a plant'. It is against the law. Yes, the fed gov is often overreaching, especially these days. But this dude was growing pot.

Facing a life sentence though? Thats massively crazy. 5 yrs at most I would say.

[Michael Barnes]

Spare me..It is just a plant.

[Celtic Cross]

A flower is just a plant. A shrub is just a plant.

Pot is not just a plant...It ruins lives...It wastes your brain cells.

[pnh102]

So what if it is a plant? So what if people choose to smoke it? And 5 years, much less a life sentence for growing a plant? Murderers, armed robbers and rapists get off with less time than that.

But still, how is growing a plant at your own house a federal issue? That is hardly interstate commerce.

[george76]

The federal government ( DEA, FBI, and others ) may argue that States can not unilaterally abrogate federal laws .

This may end up at the US Supreme Court as the DEA and FBI are active in Nevada, California, Michigan...too.

[Celtic Cross]

Pot is so much more potent that tobacco...It is just not worth it.

[tacticalogic]

But is it interstate commerce?

[Celtic Cross]

Is that the charge?

[lastchance]

So does voting Democrat but you don’t see the Feds going after those poor deluded brain destroying idiots do you?

[tacticalogic]

That is the federal government’s claim of authority.

[NonValueAdded]

Obama lied, Christopher fries.

[Celtic Cross]

I'm sorry, I don't quite understand your comment.

And truly, i'm not being snarky. Try punctuation, eh?

[NonValueAdded]

That agriculture of any kind is interstate commerce was decided long, long ago.

[tacticalogic]

That agriculture of any kind is interstate commerce was decided long, long ago.

And before that it was decided that it is not. Who was right?

[Mojave]

A court that upholds the law. The leftists will be furious!

[Michael Barnes]

Pot is not just a plant...It ruins lives...It wastes your brain cells.

So do a number of other things that we can freely buy but are not illegal.

Bottom line is your mixing morality with liberty. If you and yours chose not to grow or ingest marijuana; awesome, more power to you like us! But, as long as a grower/user does not infringe on YOUR liberties; then why is it illegal?

[Mojave]

And before that it was decided that it is not.

No cite, of course.

[Inappropriate Laughter]

Pot is not just a plant...It ruins lives...It wastes your brain cells.

Wrong. Even if true the FedGov has no Constitutional authority to make it illegal even though they claim it does through the "Living Constitution." The actual Constitutional limits on the central government are far more important than a few brain cells anyway; almost all the brain cells in the Federal government are at least socially useless or in truth actually harmful.

But in fact cannibals leads to neurogenisis.

I don't use the product, (I tried it a few times in my long ago youth, it either did nothing or put me to sleep) but as I get older I'm thinking to talking to my doc about a recommendation (I'm in a medical marijuana state, but not one as good as Calif.) for cannabis, to slow down brain aging, and to deal with bodily pains that happen as one ages. =