Federalism

Topic: Federalism

Source: Associated Press. By Kristen Wyatt
Date: April 16, 2010
Title: Colo. medical pot grower to fight federal charges


Chris Bartkowicz, a Colorado man who grew medical marijuana, has been charged with cultivating marijuana, a federal crime punishable by five to 40 years in prison and a $2 million fine. Bartkowicz, who insisted he was abiding by state law is taking on federal authorities who charged him with illegal cultivation after he talked on TV about growing pot. The story originally came out on KUSA-TV when Bartkowicz stated that he would make “$400,000 off the plants in his Highlands Ranch home.” One day later, the DEA seized over 200 plants from the home. Colorado allows medical marijuana under certain circumstances, but pot remains illegal under federal law. Federal prosecutors said he had more plants than the state permits. On top of this, these federal prosecutors state that Bartkowicz’s claims that he was following Colorado state law will not hold up in federal court. Marijuana activists have seized the case to argue growers are being targeted by federal drug authorities despite having state clearance.

This is a case of who has the ultimate sovereignty in the area of marijuana. Although the state law allows marijuana in certain cases, the federal law does not, and as of now, the federal law is what will stand. The term federalism is used to describe a system of the government in which sovereignty is constitutionally divided between a central governing authority and constituent political units (like states or provinces). U.S. Federalism is a system in which the power to govern is shared between national and state governments. This being the case, it is up to the courts’ interpretations of the Constitution to decide who has sovereignty in what spheres of government. I believe that if Bartkowicz’s actions are found to have been within the Colorado state laws, he should be innocent in federal charges as well. There can’t be two separate laws that contradict one another so blatantly in an area where someone might be proven guilty by one set of laws and innocent by another. This leads to confusion and more complication of our governmental system.


Associated Press Article

http://www.google.com/hostednews/ap/article/ALeqM5jubwI-ZzMMd4Arwz-Hm_nLn7NIWAD9F4BJE00