This bragging grower that was arrested isn't too bright, but... I still think he might win in court, with an attorney who specializes in MMJ cases.
I think he will beat this in court, and this win will be another landmark. These DEA people can't stand to see large grows, especially large MMJ grows.
Remember Jason Lauve, a legal MMJ user in COLORADO, won a landmark victory last August when he was acquitted in Boulder District Court of FELONY marijuana possession charges, making him the first medical-cannabis patient in history to win a jury trial in COLORADO.
In 2007 police raided his home because of an anonymous tip. Even though he showed them his Medical Registry Card, the cops still seized 34 ounces and charged him with FELONY marijuana possession.
The state Constitution exempts 2 ounces and 6 plants from prosecution.The prosecution argued he had TOO MUCH MEDICINE ON HAND. His attorney Rob Corry , argued brilliantly in closing that Colorado's Medical Marijuana Law does not set limits on medical necessity and that a patient can possess ANY AMOUNT OF CANNABIS THAT HE OR SHE FINDS NECESSARY.
The jurors AGREED, after 3 hours they acquitted him on all charges. He left court that day with the 34 ounces and a grin on his face.
In an interview after the acquittal, the jury foreman said that JASON COULD HAVE HAD A TON and the jury still would've acquitted him.
Even though this story is on the internet, my particular source was the HIGHTIMES JANUARY 2010 issue, page 16.
This Chris Bartkowicz, needs Jason Lauve's attorney ..Rob Corry. The case is a little different, but with the right attorney and it isn't hard to pick sympathetic jurors in Denver...lol, this Chris Bartkowicz case has the potential to stop DEA in Colorado, even though what Bartkowicz done was dumb, his case can turn out to be a winning hand for all of us.
Your still entitled to a trial by jury of your peers? Right?...RIGHT. That's all he needs, a win in this case would stop the DEA from any future charges on MMJ growers, ...unless this case radically changes the MMJ law in Colorado.
Didn't Eric Holder...the U.S. attorney general , say the U.S. Justice Dept will no longer raid Medical Marijuana Clubs? ...and this Bartkowicz guy was a legitimate supplier for these Clubs...so again ,,,,if this case is played out right using the statements of Eric Holder and then if also , the prosecutor tries to say that Barkowicz had too much, then the defense could go back to Jason Lauves case and say "there is no stated "set" limit on what is too much".
I believe this guy will win, having a jury will be key though. This case could also change state law and that's the only thing I'm worried about. This dummy still needs our support, his case will be a landmark.