Kubbys Face New Obstacles

Steve Kubby, the former Libertarian Party candidate for California governor who was busted in January in a politically-motivated medical marijuana arrest, is looking forward to the addition of a new freedom fighter to the Kubby family.

“My wife Michele and I are proud to be expecting our second child,” said Kubby from his home in exile in Southern California.

“Believe it or not, the doctors tell us the baby is likely to be born on Christmas Eve!”

The Kubbys have a three-year-old daughter who watched in horror in January as police ransacked her home and arrested her parents for plant crimes. Steve Kubby says he is glad to have something to look forward to other than trial on several felony charges arising from the January arrest.

“We knew that the drug war was evil, and we are prepared to fight for our freedom and for restoring an honorable government to American, but we never knew how bad it could get or how much personal sacrifice we would have to make,” Kubby said.

Because police confiscated virtually everything of value in Kubby’s former Lake Tahoe home, including computers he used to create and broadcast his award-winning Internet ski magazine, the Kubbys have been forced to declare bankruptcy. They also had to flee Northern California to escape ongoing surveillance and harassment by Placer County authorities.

The Kubby’s trial began in August in rural Placer County,which Kubby calls “ground zero for the zero tolerance movement in California.”

“This is the place where they’ve really decided that Proposition 215 doesn’t matter,” he commented. “They fly the DARE flag right below the American flag. They’ve made busting medical users their highest priority.”

With Michele experiencing a difficult pregnancy (she suffered a miscarriage in 1998 due to police harassment and surveillance), the Kubbys this summer endured the inexplicable delays and rudeness of the American legal system.

“Our health suffered because of it,” Kubby explained. “When those cops came in and stole my plants, they stole a specific genetic breed that was the best and only one that I had bred that truly medicated all the symptoms of my cancer. So I have been going through a lot of health problems. The doctors recently discovered that new cancerous tumors are appearing inside me, and my blood pressure is elevated. Michele is pregnant. But we were required to show up at the Auburn courthouse every day, under penalty of arrest if we did not, only to have to stand around all day waiting for authorities to get their act together, which they never did.”

During one waiting session, the Kubbys were grateful to have found a small, air-conditioned waiting room.

“But because some police investigator was lounging around in there, they kicked my pregnant wife out into the 100 degree heat, so the cop could sit in comfort. I think that pretty much shows the respect they have for the citizens whose taxes pay for their salaries, buildings and air conditioning,” he said.

As the trial slowly inched forward, the judge noticed that Michele was suffering severe health problems. He granted a continuance; the trial will restart on February 15th, 2000.

“That’s 2-15, if you can believe it,” Kubby says, referencing Proposition 215, California’s medpot law that he helped pass in 1996.

After the continuance was announced, Investigator Michael Lyke of the North Tahoe Task Force (the agency that surveilled and arrested Kubby) called the Kubby’s attorney, Dale Wood.

“He told our attorney that he was unhappy about the continuance and tired of ‘being nice’ to the Kubbys, and that he was now going to initiate further rip-off of our meager assets. Our attorney responded that this amounted to punishing a woman for being pregnant. The judge was compassionate; Mr. Lyke apparently has lost this quality. Prosecutors have further damaged our ability to defend ourselves at trial by possibly tampering with the hard drives of our computers, and by refusing to allow us direct access to the drives. We will likely never be able to get the physical evidence we need to ensure a complete defense. There is no way that we can get a fair trial,” Kubby lamented.

Kubby sees his case in the context of statewide issues.

“We may have been better off with [former attorney general]Dan Lungren. At least with him, we had a consistent statewide policy. They may have even left us a couple of plants. But under [new attorney general]Bill Lockyer, who has broken his pre-election promise to uphold 215, things have gotten worse for medical marijuana patients. He is prosecuting Dennis Peron, even though he said he wouldn’t, and is criticizing Mendocino County for deciding that patients could possess two pounds of pot, even though he earlier claimed that he couldn’t and wouldn’t interfere in local policies and decisions. But I have to give him credit- he asked Janet Reno not to challenge a federal judge’s favorable ruling that may allow the Oakland Cannabis Buyers’ Club to re-open,” Kubby said, noting that the feds decided to challenge the ruling anyway.

After being arrested, Kubby’s doctors decided to test him to determine if medpot had helped keep him alive.

“They found that I had superlative cognitive abilities, especially AFTER I smoked my medicine. They found no lung damage. None. Even though the testers didn’t believe their own results, recalibrated their machines, and tested me three times, they were amazed that my lungs were in good shape. This proves that the IOM report was inaccurate when it claimed that marijuana is bad for the lungs. If you smoke joints, you are not getting lung damage. The doctors have proven what I already knew, that medical marijuana is the best medicine for me,” he reported.

While admitting to intermittent depression, worry and physical trauma for both himself and his wife, Kubby remains creatively defiant. He recently organized an intensive letter writing campaign directed at State Farm Insurance Company.

“I filed an insurance claim because police stole thousands of dollars worth of medicine from me,” Kubby said. “The company wrongfully denied my claim. I may have to sue them or make formal complaint with the state’s insurance commissioner.”

“We just have to survive financially until the trial is over,” Kubby added. “The government is trying to kill me and my family.”