DEA Raids Legal Grower in Colorado, Threatens to Target Dispensaries

For the second time in as many weeks, DEA agents in Colorado raided a medical marijuana operation last Thursday. Highland Park medical marijuana patient and provider Chris Bartkowiscz had been seen showing off his basement garden Tuesday night in a blurb for an upcoming local news report. On Thursday, the DEA raided him, seizing his plants and growing equipment. Bartkowiscz has been jailed pending a decision from the US Attorney's Office on whether to charge him. That decision could come tomorrow. This despite last October's Department of Justice memorandum instructing federal agencies to lay off medical marijuana in states where it is legal—unless the provider is violating both state and federal law. DEA Denver Special Agent in Charge (SAC) Jeffrey Sweetin apparently didn't get the memo. Either that, or he is blatantly thumbing his nose at his bosses, the American attorney general and president. In a Saturday interview with local TV 9 News, Sweetin said that even though state law allows for medical marijuana, federal law does not. "We will continue to enforce the federal law. That's what we are paid to do," he said. Sweetin said the Justice Department guidelines give him discretion. "Discretion is: I can't send my DEA agents out on 10-plant grows. I'm not interested in that, it's not what we do. We work criminal organizations that are enterprises generating funds by distributing illegal substances," Sweetin said. Sweetin left open the door to go after medical marijuana dispensaries. "Technically, every dispensary in the state is in blatant violation of federal law. The time is coming when we go into a dispensary, we find out what their profit is, we seize the building and we arrest everybody. They're violating federal law; they're at risk of arrest and imprisonment," he told the Denver Post. "Technically, every dispensary in the state is in blatant violation of federal law." The October Justice Department memo said the feds should not go after people in "clear and unambiguous compliance with existing state laws providing for the medical use of marijuana." The memo said nothing about "large grows" or dispensaries not be included. Denver medical marijuana attorney Robert Corry is waiting to see whether the feds will charge Bartkowiscz. On Saturday, he filed a complaint with the Justice Department against Sweetin and the DEA, saying the raid on Bartkowiscz violated the agency's policy on enforcing drug laws in states that allow medical marijuana. Has Sweetin gone rogue? Or is the Obama administration retreating from the position staked out in the October memo? Stay tuned.