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Bush Pot Policies, Crack Down On Growers Continues

Posted: 5:26 pm PST February 1, 2009Updated: 6:45 pm PST February 1, 2009

President Barack Obama said before the election that he favors allowing the use of medical marijuana in states where state law makes it legal such as California.

But Ken Estes, the operator of several Bay Area marijuana dispensaries, says he continues to be targeted by federal drug agents even though he says he's followed their instructions and California law.

A raid of a marijuana dispensary in South Lake Tahoe two days after Obama too office puts the spotlight on his policy.

The D.E.A. shut down a Richmond dispensary last month, run by Estes, who also was part of the cooperative in South Lake Tahoe that was raided jan. 22.

Estes is a quadriplegic, a single father of three and a former proprietor of four medical marijuana dispensaries.

“They're trying to destroy me because I'm outspoken about the truth,” said Estes.

Estes says the DEA has targeted his businesses for years -- last May, it raided his marijuana growing facility in Oakland. Last month, it shut down the dispensary in Richmond and last week, his dispensary in South Lake Tahoe. Estes says he used to feel grateful that he was never arrested or charged; now he just feels bullied.

“Come and arrest me. I'm already sittin’ in a wheelchair, just trying to take care of myself,” said Estes.

Estes says he thought the raids would end with the Bush years. Now he, along with the tens of thousands of medical marijuana supporters, is calling on the Obama administration to clarify federal policy on medical marijuana, which clashes with California law.

“Where are they? I know the Obama administration is dealing with...but this is one of those serious issues,” said Estes.

President Obama has expressed support for doctor-prescribed medical marijuana use and has said justice department resources would not be focused on the issue. However, the president was also adamant that he would not use political capital to clear up the legal discrepancy.

“The likelihood of that being very high on the list is not very likely,” said Obama.

Meantime, leaders in the movement to legalize marijuana, say the issue needs to be prioritized...especially as the types of raids supported by the bush administration continue in the Obama years.

“The federal laws are bankrupt,” said Dale Gieringer, a medical marijuana activist

Gieringer says because the country currently has no new attorney general or drug tsar, it needs clarification from the new administration. Without it, the tactics of the Bush years will remain.

As he showed us his mountain of medical bills, Estes said he found it ironic that his attempts to support himself without the government's help were, in the end, sabotaged by the government.

“You know when I felt good? When I had a job,” said Estes.

A D.E.A representative said today she could not comment on the Estes case because all of his files are under seal by the courts. As for policy, law enforcement agencies along with activists are also awaiting clarification from an administration just getting its feet on the ground.

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