POT CLUB OWNER UNABLE TO RETRIEVE SEIZED ITEMS

Richmond: Police Also Confiscated $23,000, Which Driver Says Is Life
Savings, in Tuesday Bust

The owner of a cannabis club and his deliveryman have struck out at
Richmond police headquarters trying to retrieve confiscated property:
the club owner's 27 pounds of marijuana and the driver's personal
effects, which include more than $23,000 in cash he called his life's
savings.

"They're denying patients their medicine," said Ken Estes, who owns
Holistic Solutions on Hilltop Mall Road and the marijuana that was in
the truck.

The marijuana will be held as evidence, said Steve Ladeck, commander
of WestNET, the West Contra Costa Narcotics Enforcement Team. On
Thursday, a WestNET officer handed the deliveryman, Richard Barrett, a
notice of intended forfeiture of the cash. Barrett said he has carried
his savings with him since the Sept. 11, 2001, terrorist attacks.

Police returned his truck Wednesday and some personal effects
Thursday.

Estes described as "pure harassment" a police action that began
Tuesday with a traffic stop and culminated in Barrett's arrest on
suspicion of illegally transporting narcotics and confiscation of the
truck's cargo.

Barrett was released later Tuesday after the cannabis club's legal
team posted $15,000 bail. Barrett has an Oct. 2 date to appear in
court but has not been charged with any crime.

By then, Estes said, the marijuana, which he described as top-grade
with the name "Ken's granddaddy," likely will be useless.

"The product can go bad," Estes said. "It's like any kind of
perishable."

Late Friday afternoon, Holistic Solutions remained closed, with a
handwritten sign taped to the door informing patrons it was out of
medication.

Barrett and Estes say they are in full compliance with state
medical-marijuana laws. Both are certified medical-marijuana patients
and can carry 8 ounces of marijuana for themselves and each patient
they serve under state law, they say.

Ladeck said he did not know initially that Barrett is a cannabis
patient.

"I was told that Mr. Barrett has a marijuana card," Ladeck said. "I
think I was told after he was arrested that there was some indication
of medicinal marijuana."

But that does not mean Barrett was acting legally, Ladeck
said.

"It's not as cut and dry as that," he said.

"That's why we're taking our time and investigating.

"There was more than probable cause to arrest him."

Ladeck said he could not elaborate.

Richmond police said Barrett was pulled over in a "routine traffic
stop" that happened to uncover marijuana.

"(The arresting officer) actually received information from a
confidential source that the car may have been carrying narcotics,"
deputy chief Lori Ritter said.

"He developed the probable cause to stop the car based upon the stop
sign violation and then, you know, was able to notice the obvious odor
of marijuana coming from it.

"Since it is an ongoing investigation at this time, we are not in a
position to reveal the confidential source and where that information
came from."

Barrett said he had just pulled out of a McDonald's restaurant on
Klose Way and was approaching the stop sign at the intersection with
Blume Drive when he saw four police cars and two police motorcycles on
the next block.

"I came to a complete stop and counted: 'one, two,'" Barrett said;
police vehicles pulled up behind him, warning lights flashing, he said.

When he returned to his Hayward house Tuesday, WestNET officers
presented him with a search warrant. A police list of seized evidence
includes marijuana and related packaging materials, a scale,
literature and some ammunition but no gun.

Estes scoffed at the police version of what precipitated Tuesday's
truck bust.

"Confidential tip? They could have asked me," Estes said. "We operate
openly. "That 'confidential tip' was from a police officer who sat
across the street watching. I see them there all the time."

Estes said one or two police cars, sometimes marked, other times not,
usually prowl around his store.

"Sometimes, they're in our parking lot," he said.

In 1996, the state's voters approved marijuana for medical use on the
recommendation of a doctor. State Senate Bill 420 in 2003 set
guidelines for distributing the drug. The federal government, however,
considers marijuana an illegal drug with no medical
application.

Richmond has no cannabis club-regulating ordinance. Administrative
officials have said the clubs are therefore illegal, but they have not
enforced a cease-and-desist order against Holistic Solutions issued
May 16.

Other cities have held that without an ordinance, there is no legal
basis to control or ban the clubs. Estes said he considers Richmond's
cease-and-desist order illegal.