A Colorado medical marijuana grower trying a first-in-the-nation drug defense based on Obama administration memos about medical marijuana saw his case take a serious blow Wednesday when a federal judge felled the effort. Christopher Bartkowicz wanted to argue he shouldn't face federal marijuana cultivation charges because he started his basement medical marijuana growing business after seeing memos from Department of Justice officials indicating the U.S. government wouldn't pursue medical marijuana cases in states that allow it. But U.S. District Judge Philip A. Brimmer sided with federal prosecutors who argued the memos aren't the same as making medical marijuana legal under federal law.