Federal prosecutors intend to charge Highlands Ranch resident Chris Bartkowicz with possession of marijuana with the intent to sell, a felony that could result in prison time.
Bartkowicz, a medical marijuana caregiver registered with the state of Colorado, had his basement grow operation raided by the DEA on Friday after being interviewed by KUSA earlier in the week. The raid was controversial because an October Department of Justice memo instructed the DEA not to conduct raids on medical marijuana facilities that abide by state laws.
Explaining the raid and arrest to KUSA on Friday, Jeff Sweetin said that Bartkowicz was not protected by state law.
"We will continue to enforce federal law that's what we are paid to do until the federal law changes."
The DEA told KUSA on Tuesday Bartkowicz is being charged because had more marijuana plants than he was permitted given the number of patients he was registered to serve.
Matt Brown of the medical marijuana dispensary trade group Coloradans for Medical Marijuana Regulations told Westword that, to the Colorado MMJ community, DEA raids come across as "harassment tactics."
Over the weekend, attorney and medical marijuana advocate Rob Corry filed a complaint with the Department of Justice asking that the DEA agents responsible for the raid be punished.