What does a Libertarian politician do when he’s convicted of felony possession of a mushroom stem and four tiny cacti? If the politician is California cancer patient Steve Kubby, he declares war on prosecutors and police.
Kubby and his wife recently won a ‘mistrial victory’ in a two year case that started with the Kubbys growing medical marijuana in their basement.
A jury voted 11-1 in favor of acquitting the Kubbys of all marijuana charges just before Christmas, but Steve was found guilty of two felonies- a conviction that could end his political career (see the totally awesome article about the Kubby’s ordeal in the next issue of Cannabis Culture).
“My job is to make sure that Prop. 215 is fairly, uniformly and immediately implemented in the entire state,” Kubby explained recently. “The best guidance available to police and prosecutors are the Oakland Guidelines, which allow a person with a medical marijuana recommendation to cultivate 144 plants.”
Kubby relocated to Southern California’s Orange County after the trial, and immediately contacted Sheriff Mike Carona.
“We had problems with him when we lived here before,” Kubby said. “Basically, he refuses to accept the will of California’s voters, who legalized medical marijuana by voting for Prop. 215 in 1996. Carona says he won’t abide by 215. He claims that it violates federal law, and that he is bound by federal law. But our state’s constitution says he’s wrong. He is a criminal if he does not follow 215’s guidelines.”
Kubby and 25 supporters already marched on Carona’s Santa Ana office, demanding that he agree to uphold 215. Carona refused.
Kubby says he might attempt a citizen’s arrest against the sheriff next week.
If Kubby survives that, he intends to take on Placer Country District Attorney Brad Fenocchio, the man who decided to have the Kubbys arrested and prosecuted.
“I’ve called on Fenocchio to publicly agree to uphold the Oakland Guidelines,” Kubby explains. “If he doesn’t do that, we’ll mount a recall effort. Placer is a conservative county. Taxpayers don’t want the DA to wage an expensive, illegal war against sick and dying people. I think voters will happily remove him from office. He doesn’t protect them against rapists and murderers, but he spends their money and risks lots of civil lawsuits by continuing to prosecute marijuana defendants.”
Kubby could be one of the defendants that Fenocchio prosecutes. Because Kubby’s case ended in a mistrial, Fenocchio could do it all over again. Sources indicate that the DA is also planning to retry dentist Michael Baldwin, whose medical pot grow case similarly ended in a mistrial two years ago.
“When government officials do things that can kill you, you have no choice but to fight back,” Kubby said. “That was the theme of my book, ‘The Politics of Consciousness.’ You have to stand up to tyranny. If you don’t, your silence is complicity. You become an accomplice to murder.”