Steve Kubby
Encyclopedia
Steven "Steve" Wynn Kubby (born December 28, 1946) is a Libertarian Party activist who played a key role in the drafting and passage of California
Proposition 215. The proposition was a ballot initiative to legalize medical
marijuana
which was approved by voters in 1996. Kubby himself is well-known as a cancer
patient who relies on medical cannabis
. He has authored two books on drug policy reform: The Politics of Consciousness, and Why Marijuana Should Be Legal. He was the Libertarian Party of California
candidate for Governor of California
in 1998 receiving 0.9% of the vote. In 2008, he declared his candidacy for the Libertarian Party's 2008 presidential nomination
and received significant support for the nomination, but was eliminated after the second ballot. Although various media reports have described him as a "felon" and "fugitive", Kubby's legal status was resolved on July 3, 2008, when California Superior Court Judge, David Nelson, dismissed all charges against Kubby, clearing his name and record of any criminal activity.
and palpitations. He was diagnosed with malignant pheochromocytoma
, a rare, fatal form of adrenal cancer. Kubby underwent surgery to remove a tumor in 1968, 1975 and 1976. This last time, his medical records show that the cancer had metastasised to his liver and beyond. All other patients with this diagnosis have had a 100% mortality rate within five years. His physician, Dr. Vincent DeQuattro, a specialist from the USC School of Medicine
, monitored his condition and treated him with conventional therapies, including chemotherapy
, until referring him to the Mayo Clinic
in 1981 for yet another surgery and radiation
.
For the next 25 years, Kubby claimed to control the symptoms of his disease solely by smoking medical marijuana and by maintaining a healthy diet. His original doctor, an expert on this condition shocked to learn he was still alive, said, "In some amazing fashion, this medication has not only controlled the symptoms of the pheochromocytoma
, but in my view, has arrested its growth."
receiving 0.9% of the vote, and became national director of the American Medical Marijuana Association
. Two months after the election, Kubby's home was raided by the Placer County sheriffs department. The officers seized 265 marijuana plants and a small quantity of peyote
from a guest bedroom, and Kubby was arrested.
Kubby was a contender to be the Libertarian Party's Vice Presidential candidate in the 2000 election. The Libertarian Party requires the Vice Presidential candidate to be nominated by the delegates just as the Presidential candidate is selected. Kubby was opposed by fellow Californian Art Olivier
, and by Ken Krawchuk
of Pennsylvania. After no candidate received a majority on the first ballot, Krawchuk withdrew his name from the ballot and endorsed Olivier, who then defeated Kubby by a vote of 418 to 338.
On August 20, 2006, at the Seattle Hempfest
, Kubby announced his intention to seek the Libertarian Party's nomination for President in 2008
. The Federal Election Committee (FEC) issued candidate ID numbers for Kubby personally and for the Kubby for President Committee on September 18, 2006. He had since campaigned at various community and Libertarian Party events and launched a campaign web site. He later endorsed Ron Paul
for President, in the event that Ron Paul is able to secure the GOP nomination. Meanwhile, Kubby was continuing to actively campaign and has made Internet history with the first animated presidential campaign video. On May 25, 2008, Kubby did not gain his party's nomination and was eliminated after the second ballot at his party's national convention.
and that it is to be used by only "seriously ill patients."
In the 1996 Voter's Handbook, the Official Title and Summary prepared by the Attorney General Dan Lungren, the State of California informed voters that a 'YES' vote on Prop. 215 would exempt patients and defined caregivers from criminal laws. In fact, the very first sentence of the official title and summary clearly states: "Exempts patients and defined caregivers who possess or cultivate marijuana for medical treatment recommended by a physician from criminal laws which otherwise prohibit possession or cultivation of marijuana."http://vote96.sos.ca.gov/BP/215.htm
Nowhere in the official Title and Summary does it say anything about an affirmative defense, or any limits or restrictions.
Furthermore, in the official Analysis of Proposition 215 by the Legislative Analyst, the voters were told, "No prescriptions or other record-keeping is required by the measure." In addition, the voters were reminded by the Legislative Analyst that this initiative also covered any other illness for which marijuana provides relief."http://vote96.sos.ca.gov/BP/215analysis.htm
The Placer County Sheriff's Department had been sent an anonymous letter alleging that the Kubby's had been operating a major grow operation from their residence, and began an investigation. Kubby learned of this, and invited them to inspect the grow room, by passing a note through his own household trash, which the police had begun searching. That note, "...addressed to law-enforcement personnel, advising them of Steve Kubby's use of medicinal marijuana, maintenance of a garden, possession of no more than 3.5 pounds of pot and his cancer condition," was removed from his trash and entered as evidence by the prosecution.http://www.mapinc.org/drugnews/v99/n161/a08.html?89411
In 1999, Kubby and his wife Michele were arrested and faced trial for growing his own cannabis in his home, though he was entitled to do so legally on behalf of himself and his wife, also a licensed cannabis patient. Calling his arrest the "Scopes monkey trial of medical marijuana," Kubby remained defiant in his support of the Compassionate Use Act. He maintains that the prosecution was politically motivated, implicating then-Attorney General Dan Lungren
's office. Lungren had been aggressive in resisting the implementation of Proposition 215, to the point of issuing instructions to peace officer
s on how to cross-examine cannabis patients so as to undermine their claim of sanction.
In jail for 72 hours after the arrest, Kubby was deprived of medical marijuana and became seriously ill. His blood pressure shot up to dangerous levels. USC Medical Center's Dr. Vincent DeQuattro, who made Kubby's original diagnosis, wrote a letter to the court explaining Steve's condition and warning the judge what could happen if Steve was further deprived of cannabis.
Kubby described their ordeal in his official complaint,
Michele Kubby won an acquittal on all charges. Steve Kubby's trial, owing to one juror's refusal to acquit, received a mistrial on all the cannabis charges, which were eventually dropped. The jury also voted to convict on a possession charge involving a psilocybin mushroom stem and a few peyote buttons (a felony) found in their house. Kubby was sentenced to 120 days in jail.
with his wife and two children. Kubby and his advisors were concerned that police and prosecutors were determined to prove their theory that he did not really need medical marijuana and would find a way to arrest and incarcerate him. After the Kubby family had been in Canada for a few months Kubby alleges the terms of his appeal were changed without his knowledge or consent by two judges. Kubby claims that he was wrongly reclassified as a fugitive.
Kubby appealed his fugitive status through the Canadian legal system for five years. Among the arguments made in fighting the appeal was the likelihood that he would be denied access to cannabis in custody and risk death from his illness. This fear was later proved to be well founded as confirmed by the Placer Jail medical staff who found blood in his urine and other evidence of severe hypertensive trauma, which Kubby still suffers from, to this day.
Dr. Joseph Michael Connors, an expert in the area of adrenal cancers, testified at the Canadian extradition hearing about Kubby's medical condition:
, on Thursday, January 26, 2006, accompanied by his attorney Bill McPike, and was immediately arrested. Although it had been arranged that Kubby would surrender at the Placer Superior Court on Tuesday, 31 January, he was removed from the Alaska Airlines jet on arrival by San Francisco police officers at the request of sheriff's officials in Placer County and taken through secure areas of the airport, bypassing the supporters gathered to greet him.
He was held in San Mateo County Jail in Redwood City, where, according to NORML spokesman Dale Gieringer, he was becoming rapidly ill. He was transported to Placer County Jail Friday afternoon and was arraigned at 1 p.m. in Dept. 13 of Placer County Superior court Tuesday, 31 January. Gieringer reports that Placer County Jail granted Kubby access to Marinol, a THC
synthetic which lacks the cannabinoids
which have been shown to modulate catecholamine
levels. Kubby, with the Marinol, immediately went into cardiac arrest due to the lack of subsequent cannabinoids which modulated the known issues. Michele Kubby reported that the Marinol helped in specific quantities, but that her husband could tell subjectively that it will not be effective in the long run.
She also describes her husband's conditions of confinement,
In January, the San Francisco Board of Supervisors passed a resolution supporting Kubby and calling for his immediate release from jail. On March 6, 2006, Kubby was released early from jail for good behavior. At a March 14 hearing, he was re-sentenced to another 60 days in jail for violating his probation by not returning from Canada in 2001, and began serving the sentence on Wednesday, March 15. Kubby was released on April 5 after serving only 22 days of the 60-day sentence, his time reduced because of jail overcrowding.
In July 2007, the Office of National Drug Control Policy (ONDCP—the drug czar's office) used testimony submitted to Congress to misrepresent the position of Kubby, claiming that he no longer supports medical marijuana.
In written testimony before the House Judiciary Subcommittee on Crime, Terrorism and Homeland Security, Dr. David Murray, ONDCP's Chief Scientist called medical marijuana advocates "modern-day snake oil proponents," sneered at medicines that make patients "feel good," and claimed that laws okaying medical marijuana in a dozen states have led to "abuse, confusion, and crime." Then, to further buttress his argument against the therapeutic use of the herb, he added:
"Founding proponents of medical marijuana in the United States have reversed their key positions of support for medical marijuana. Rev. Scott Imler, Co-founder of Prop 215, has lamented the passage of California's medical marijuana law stating that, 'We created Prop. 215 so that patients would not have to deal with black market profiteers. But today it is all about the money. Most of the dispensaries operating in California are little more than dope dealers with store fronts.' Imler also said that medical marijuana has 'turned into a joke.' Steve Kubby, another Co-founder of medical marijuana in California stated in a letter to supporters on April 14, 2006 that 'Marinol is an acceptable, if not ideal, substitute for whole cannabis in treating my otherwise fatal disease.'
"My comments about Marinol were based upon my relief that I did not die in jail," he wrote in an email to supporters. "My comment was intended to acknowledge that I did get good blood pressure control with the Marinol and that finding certainly deserves further study. On the other hand, I lost 33 pounds in 62 days while on Marinol, so perhaps I should have used stronger language than 'less than ideal.'"
Kubby suffered from almost constant nausea while on Marinol, he wrote, adding that Murray took his sentence about Marinol out of context. The paragraph from which it was extracted reads as follows: "During that time I experienced excruciating pain, a vicious high blood-pressure crisis, passed blood in my urine and I lost 33 pounds. However, there was also good news. I learned that Marinol is an acceptable, if not ideal, substitute for whole cannabis in treating my otherwise fatal disease. Now I am a free man and I am profoundly grateful to be alive and to have friends and supporters such as you."
While conceding that Marinol can be effective for treatment of hypertension and would allow him to travel briefly without medical marijuana, it does not allow him to have an acceptable quality of life, Kubby said.
"Please help me squash this deceptive and dangerous misrepresentation of my true feeling on this matter by the ONDCP," Kubby wrote. "It just shows how desperate they are that they must mislead people in this way. And just so there is no question about this, let me be clear: Whole cannabis is not only the best medicine for me, it is the only medicine that has kept me alive during the 32 years that I have continued to live, in relatively good heath, despite a terminal diagnosis of malignant pheochromocytoma."
and civil liberties
. He supports legal abortion
, gay rights, gun rights, a non-interventionist foreign policy, immediate withdrawal of U.S. troops from the war in Iraq, open borders
, and the elimination of federal individual income tax
. He opposes most governmental regulations, programs, and federal subsidies. He also opposes the War on drugs
, Patriot Act and the Military Commissions Act
.
During a 2009 interview with a New Jersey
newspaper, he criticized the health care plan presented by President Barack Obama
, saying: “Obama is ready to spend trillions of dollars to create a government health program. I have a far simpler plan that will genuinely help patients and save them and the government all those trillions of dollars: reschedule marijuana to reflect reality and authorize its use for medical purposes.”
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
Proposition 215. The proposition was a ballot initiative to legalize medical
Medical cannabis
Medical cannabis refers to the use of parts of the herb cannabis as a physician-recommended form of medicine or herbal therapy, or to synthetic forms of specific cannabinoids such as THC as a physician-recommended form of medicine...
marijuana
Cannabis (drug)
Cannabis, also known as marijuana among many other names, refers to any number of preparations of the Cannabis plant intended for use as a psychoactive drug or for medicinal purposes. The English term marijuana comes from the Mexican Spanish word marihuana...
which was approved by voters in 1996. Kubby himself is well-known as a cancer
Cancer
Cancer , known medically as a malignant neoplasm, is a large group of different diseases, all involving unregulated cell growth. In cancer, cells divide and grow uncontrollably, forming malignant tumors, and invade nearby parts of the body. The cancer may also spread to more distant parts of the...
patient who relies on medical cannabis
Cannabis
Cannabis is a genus of flowering plants that includes three putative species, Cannabis sativa, Cannabis indica, and Cannabis ruderalis. These three taxa are indigenous to Central Asia, and South Asia. Cannabis has long been used for fibre , for seed and seed oils, for medicinal purposes, and as a...
. He has authored two books on drug policy reform: The Politics of Consciousness, and Why Marijuana Should Be Legal. He was the Libertarian Party of California
Libertarian Party of California
The Libertarian Party of California is the California affiliate of the Libertarian Party. The state chair is Kevin Takenaga.- Libertarians in office in California :-See also:*David Bergland*Steve Kubby*James P. Gray*Gail Lightfoot*George Monty Davis...
candidate for Governor of California
Governor of California
The Governor of California is the chief executive of the California state government, whose responsibilities include making annual State of the State addresses to the California State Legislature, submitting the budget, and ensuring that state laws are enforced...
in 1998 receiving 0.9% of the vote. In 2008, he declared his candidacy for the Libertarian Party's 2008 presidential nomination
United States presidential election, 2008
The United States presidential election of 2008 was the 56th quadrennial presidential election. It was held on November 4, 2008. Democrat Barack Obama, then the junior United States Senator from Illinois, defeated Republican John McCain, the senior U.S. Senator from Arizona. Obama received 365...
and received significant support for the nomination, but was eliminated after the second ballot. Although various media reports have described him as a "felon" and "fugitive", Kubby's legal status was resolved on July 3, 2008, when California Superior Court Judge, David Nelson, dismissed all charges against Kubby, clearing his name and record of any criminal activity.
Cancer patient
In 1968, at the age of 23, he began experiencing symptoms of hypertensionHypertension
Hypertension or high blood pressure is a cardiac chronic medical condition in which the systemic arterial blood pressure is elevated. What that means is that the heart is having to work harder than it should to pump the blood around the body. Blood pressure involves two measurements, systolic and...
and palpitations. He was diagnosed with malignant pheochromocytoma
Pheochromocytoma
A pheochromocytoma or phaeochromocytoma is a neuroendocrine tumor of the medulla of the adrenal glands , or extra-adrenal chromaffin tissue that failed to involute after birth and secretes excessive amounts of catecholamines, usually noradrenaline , and adrenaline to a lesser extent...
, a rare, fatal form of adrenal cancer. Kubby underwent surgery to remove a tumor in 1968, 1975 and 1976. This last time, his medical records show that the cancer had metastasised to his liver and beyond. All other patients with this diagnosis have had a 100% mortality rate within five years. His physician, Dr. Vincent DeQuattro, a specialist from the USC School of Medicine
Keck School of Medicine of USC
The Keck School of Medicine of the University of Southern California is a major center of medical research, education and patient care. Founded in 1885, the Keck School of Medicine is the oldest medical school in Southern California.Located on the university’s Health Sciences campus three miles ...
, monitored his condition and treated him with conventional therapies, including chemotherapy
Chemotherapy
Chemotherapy is the treatment of cancer with an antineoplastic drug or with a combination of such drugs into a standardized treatment regimen....
, until referring him to the Mayo Clinic
Mayo Clinic
Mayo Clinic is a not-for-profit medical practice and medical research group specializing in treating difficult patients . Patients are referred to Mayo Clinic from across the U.S. and the world, and it is known for innovative and effective treatments. Mayo Clinic is known for being at the top of...
in 1981 for yet another surgery and radiation
Radiation therapy
Radiation therapy , radiation oncology, or radiotherapy , sometimes abbreviated to XRT or DXT, is the medical use of ionizing radiation, generally as part of cancer treatment to control malignant cells.Radiation therapy is commonly applied to the cancerous tumor because of its ability to control...
.
For the next 25 years, Kubby claimed to control the symptoms of his disease solely by smoking medical marijuana and by maintaining a healthy diet. His original doctor, an expert on this condition shocked to learn he was still alive, said, "In some amazing fashion, this medication has not only controlled the symptoms of the pheochromocytoma
Pheochromocytoma
A pheochromocytoma or phaeochromocytoma is a neuroendocrine tumor of the medulla of the adrenal glands , or extra-adrenal chromaffin tissue that failed to involute after birth and secretes excessive amounts of catecholamines, usually noradrenaline , and adrenaline to a lesser extent...
, but in my view, has arrested its growth."
Libertarian Party candidate
In 1998, Kubby was the Libertarian candidate for Governor of CaliforniaCalifornia gubernatorial election, 1998
The 1998 California gubernatorial election was an election that occurred on November 3, 1998, resulting in the election of Gray Davis, the state's first Democratic governor in 16 years. Davis won the general election by an almost 20% margin over his closest opponent, Republican Dan Lungren...
receiving 0.9% of the vote, and became national director of the American Medical Marijuana Association
American Medical Marijuana Association
The American Medical Marijuana Association is an organization formed to promote and protect the legal access to medical marijuana.The American Medical Marijuana Association , was founded in cyberspace on October 27, 2000, by Steve Kubby, Ed Rosenthal and Tod H. Mikuriya...
. Two months after the election, Kubby's home was raided by the Placer County sheriffs department. The officers seized 265 marijuana plants and a small quantity of peyote
Peyote
Lophophora williamsii , better known by its common name Peyote , is a small, spineless cactus with psychoactive alkaloids, particularly mescaline.It is native to southwestern Texas and Mexico...
from a guest bedroom, and Kubby was arrested.
Kubby was a contender to be the Libertarian Party's Vice Presidential candidate in the 2000 election. The Libertarian Party requires the Vice Presidential candidate to be nominated by the delegates just as the Presidential candidate is selected. Kubby was opposed by fellow Californian Art Olivier
Art Olivier
Arthur C. “Art” Olivier, former mayor of Bellflower, California, was the Libertarian candidate for Vice President in the United States presidential election in 2000 as the running mate of presidential candidate Harry Browne....
, and by Ken Krawchuk
Ken V. Krawchuk
Ken V. Krawchuk is a Libertarian Party activist, writer, inventor, public speaker, business architect, Information Technology professional, and outdoorsman.-Political Activist:...
of Pennsylvania. After no candidate received a majority on the first ballot, Krawchuk withdrew his name from the ballot and endorsed Olivier, who then defeated Kubby by a vote of 418 to 338.
On August 20, 2006, at the Seattle Hempfest
Seattle Hempfest
Seattle Hempfest is an annual event in Seattle, Washington, the world's largest annual gathering advocating decriminalization of marijuana. Founded in 1991 as the Washington Hemp Expo, a self-described "humble gathering of stoners" attended by only 500 people, and renamed the following year as...
, Kubby announced his intention to seek the Libertarian Party's nomination for President in 2008
United States presidential election, 2008
The United States presidential election of 2008 was the 56th quadrennial presidential election. It was held on November 4, 2008. Democrat Barack Obama, then the junior United States Senator from Illinois, defeated Republican John McCain, the senior U.S. Senator from Arizona. Obama received 365...
. The Federal Election Committee (FEC) issued candidate ID numbers for Kubby personally and for the Kubby for President Committee on September 18, 2006. He had since campaigned at various community and Libertarian Party events and launched a campaign web site. He later endorsed Ron Paul
Ron Paul
Ronald Ernest "Ron" Paul is an American physician, author and United States Congressman who is seeking to be the Republican Party candidate in the 2012 presidential election. Paul represents Texas's 14th congressional district, which covers an area south and southwest of Houston that includes...
for President, in the event that Ron Paul is able to secure the GOP nomination. Meanwhile, Kubby was continuing to actively campaign and has made Internet history with the first animated presidential campaign video. On May 25, 2008, Kubby did not gain his party's nomination and was eliminated after the second ballot at his party's national convention.
Arrest and trial
In 1996, Kubby was instrumental in the drafting and passage of California Proposition 215, The Compassionate Use Act of 1996. http://www.kubby.com/DennisPeronLetter.html Despite the victory of Prop. 215, Kubby and his wife, Michele, were arrested, jailed and prosecuted, under the false claim that the voter initiative provides only an affirmative defenseAffirmative defense
A defendant offers an affirmative defense when responding to a plaintiff's claim in common law jurisdictions, or, more familiarly, in criminal law. Essentially, the defendant affirms that the condition is occurring or has occurred but offers a defense that bars, or prevents, the plaintiff's claim. ...
and that it is to be used by only "seriously ill patients."
In the 1996 Voter's Handbook, the Official Title and Summary prepared by the Attorney General Dan Lungren, the State of California informed voters that a 'YES' vote on Prop. 215 would exempt patients and defined caregivers from criminal laws. In fact, the very first sentence of the official title and summary clearly states: "Exempts patients and defined caregivers who possess or cultivate marijuana for medical treatment recommended by a physician from criminal laws which otherwise prohibit possession or cultivation of marijuana."http://vote96.sos.ca.gov/BP/215.htm
Nowhere in the official Title and Summary does it say anything about an affirmative defense, or any limits or restrictions.
Furthermore, in the official Analysis of Proposition 215 by the Legislative Analyst, the voters were told, "No prescriptions or other record-keeping is required by the measure." In addition, the voters were reminded by the Legislative Analyst that this initiative also covered any other illness for which marijuana provides relief."http://vote96.sos.ca.gov/BP/215analysis.htm
The Placer County Sheriff's Department had been sent an anonymous letter alleging that the Kubby's had been operating a major grow operation from their residence, and began an investigation. Kubby learned of this, and invited them to inspect the grow room, by passing a note through his own household trash, which the police had begun searching. That note, "...addressed to law-enforcement personnel, advising them of Steve Kubby's use of medicinal marijuana, maintenance of a garden, possession of no more than 3.5 pounds of pot and his cancer condition," was removed from his trash and entered as evidence by the prosecution.http://www.mapinc.org/drugnews/v99/n161/a08.html?89411
In 1999, Kubby and his wife Michele were arrested and faced trial for growing his own cannabis in his home, though he was entitled to do so legally on behalf of himself and his wife, also a licensed cannabis patient. Calling his arrest the "Scopes monkey trial of medical marijuana," Kubby remained defiant in his support of the Compassionate Use Act. He maintains that the prosecution was politically motivated, implicating then-Attorney General Dan Lungren
Dan Lungren
Daniel Edward "Dan" Lungren is the U.S. Representative for , serving since 2005. The district covers most of Sacramento County and part of Solano County, as well as all of Alpine, Amador and Calaveras counties...
's office. Lungren had been aggressive in resisting the implementation of Proposition 215, to the point of issuing instructions to peace officer
Peace officer
A law enforcement officer , in North America, is any public-sector employee or agent whose duties involve the enforcement of laws. The phrase can include police officers, prison officers, customs officers, immigration officers, bailiffs, probation officers, parole officers, auxiliary officers, and...
s on how to cross-examine cannabis patients so as to undermine their claim of sanction.
In jail for 72 hours after the arrest, Kubby was deprived of medical marijuana and became seriously ill. His blood pressure shot up to dangerous levels. USC Medical Center's Dr. Vincent DeQuattro, who made Kubby's original diagnosis, wrote a letter to the court explaining Steve's condition and warning the judge what could happen if Steve was further deprived of cannabis.
Kubby described their ordeal in his official complaint,
Michele Kubby won an acquittal on all charges. Steve Kubby's trial, owing to one juror's refusal to acquit, received a mistrial on all the cannabis charges, which were eventually dropped. The jury also voted to convict on a possession charge involving a psilocybin mushroom stem and a few peyote buttons (a felony) found in their house. Kubby was sentenced to 120 days in jail.
Flight to Canada
In 2001, exercising his right to appeal the conviction for peyote possession, Kubby obtained the court's permission to move to CanadaCanada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
with his wife and two children. Kubby and his advisors were concerned that police and prosecutors were determined to prove their theory that he did not really need medical marijuana and would find a way to arrest and incarcerate him. After the Kubby family had been in Canada for a few months Kubby alleges the terms of his appeal were changed without his knowledge or consent by two judges. Kubby claims that he was wrongly reclassified as a fugitive.
Kubby appealed his fugitive status through the Canadian legal system for five years. Among the arguments made in fighting the appeal was the likelihood that he would be denied access to cannabis in custody and risk death from his illness. This fear was later proved to be well founded as confirmed by the Placer Jail medical staff who found blood in his urine and other evidence of severe hypertensive trauma, which Kubby still suffers from, to this day.
Dr. Joseph Michael Connors, an expert in the area of adrenal cancers, testified at the Canadian extradition hearing about Kubby's medical condition:
Departure from Canada and incarceration in the US
After numerous appeals, Kubby was asked to leave Canada under a "conditional Departure Order" within 30 days, which he did. He arrived in San Francisco, CaliforniaCalifornia
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
, on Thursday, January 26, 2006, accompanied by his attorney Bill McPike, and was immediately arrested. Although it had been arranged that Kubby would surrender at the Placer Superior Court on Tuesday, 31 January, he was removed from the Alaska Airlines jet on arrival by San Francisco police officers at the request of sheriff's officials in Placer County and taken through secure areas of the airport, bypassing the supporters gathered to greet him.
He was held in San Mateo County Jail in Redwood City, where, according to NORML spokesman Dale Gieringer, he was becoming rapidly ill. He was transported to Placer County Jail Friday afternoon and was arraigned at 1 p.m. in Dept. 13 of Placer County Superior court Tuesday, 31 January. Gieringer reports that Placer County Jail granted Kubby access to Marinol, a THC
THC
THC commonly refers to tetrahydrocannabinol, the main active chemical compound in Cannabis.THC may also refer to:* Tan Holdings Corporation...
synthetic which lacks the cannabinoids
Cannabinoids
Cannabinoids are a class of chemical compounds that include the phytocannabinoids , and chemical compounds that mimic the actions of phytocannabinoids or have a similar structure...
which have been shown to modulate catecholamine
Catecholamine
Catecholamines are molecules that have a catechol nucleus consisting of benzene with two hydroxyl side groups and a side-chain amine. They include dopamine, as well as the "fight-or-flight" hormones adrenaline and noradrenaline released by the adrenal medulla of the adrenal glands in response to...
levels. Kubby, with the Marinol, immediately went into cardiac arrest due to the lack of subsequent cannabinoids which modulated the known issues. Michele Kubby reported that the Marinol helped in specific quantities, but that her husband could tell subjectively that it will not be effective in the long run.
She also describes her husband's conditions of confinement,
In January, the San Francisco Board of Supervisors passed a resolution supporting Kubby and calling for his immediate release from jail. On March 6, 2006, Kubby was released early from jail for good behavior. At a March 14 hearing, he was re-sentenced to another 60 days in jail for violating his probation by not returning from Canada in 2001, and began serving the sentence on Wednesday, March 15. Kubby was released on April 5 after serving only 22 days of the 60-day sentence, his time reduced because of jail overcrowding.
In July 2007, the Office of National Drug Control Policy (ONDCP—the drug czar's office) used testimony submitted to Congress to misrepresent the position of Kubby, claiming that he no longer supports medical marijuana.
In written testimony before the House Judiciary Subcommittee on Crime, Terrorism and Homeland Security, Dr. David Murray, ONDCP's Chief Scientist called medical marijuana advocates "modern-day snake oil proponents," sneered at medicines that make patients "feel good," and claimed that laws okaying medical marijuana in a dozen states have led to "abuse, confusion, and crime." Then, to further buttress his argument against the therapeutic use of the herb, he added:
"Founding proponents of medical marijuana in the United States have reversed their key positions of support for medical marijuana. Rev. Scott Imler, Co-founder of Prop 215, has lamented the passage of California's medical marijuana law stating that, 'We created Prop. 215 so that patients would not have to deal with black market profiteers. But today it is all about the money. Most of the dispensaries operating in California are little more than dope dealers with store fronts.' Imler also said that medical marijuana has 'turned into a joke.' Steve Kubby, another Co-founder of medical marijuana in California stated in a letter to supporters on April 14, 2006 that 'Marinol is an acceptable, if not ideal, substitute for whole cannabis in treating my otherwise fatal disease.'
"My comments about Marinol were based upon my relief that I did not die in jail," he wrote in an email to supporters. "My comment was intended to acknowledge that I did get good blood pressure control with the Marinol and that finding certainly deserves further study. On the other hand, I lost 33 pounds in 62 days while on Marinol, so perhaps I should have used stronger language than 'less than ideal.'"
Kubby suffered from almost constant nausea while on Marinol, he wrote, adding that Murray took his sentence about Marinol out of context. The paragraph from which it was extracted reads as follows: "During that time I experienced excruciating pain, a vicious high blood-pressure crisis, passed blood in my urine and I lost 33 pounds. However, there was also good news. I learned that Marinol is an acceptable, if not ideal, substitute for whole cannabis in treating my otherwise fatal disease. Now I am a free man and I am profoundly grateful to be alive and to have friends and supporters such as you."
While conceding that Marinol can be effective for treatment of hypertension and would allow him to travel briefly without medical marijuana, it does not allow him to have an acceptable quality of life, Kubby said.
"Please help me squash this deceptive and dangerous misrepresentation of my true feeling on this matter by the ONDCP," Kubby wrote. "It just shows how desperate they are that they must mislead people in this way. And just so there is no question about this, let me be clear: Whole cannabis is not only the best medicine for me, it is the only medicine that has kept me alive during the 32 years that I have continued to live, in relatively good heath, despite a terminal diagnosis of malignant pheochromocytoma."
Political positions
Kubby strongly supports the United States ConstitutionUnited States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
and civil liberties
Civil liberties
Civil liberties are rights and freedoms that provide an individual specific rights such as the freedom from slavery and forced labour, freedom from torture and death, the right to liberty and security, right to a fair trial, the right to defend one's self, the right to own and bear arms, the right...
. He supports legal abortion
Abortion
Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
, gay rights, gun rights, a non-interventionist foreign policy, immediate withdrawal of U.S. troops from the war in Iraq, open borders
Free migration
Free migration or open immigration is the position that people should be able to migrate to whatever country they choose, free of substantial barriers...
, and the elimination of federal individual income tax
Income tax
An income tax is a tax levied on the income of individuals or businesses . Various income tax systems exist, with varying degrees of tax incidence. Income taxation can be progressive, proportional, or regressive. When the tax is levied on the income of companies, it is often called a corporate...
. He opposes most governmental regulations, programs, and federal subsidies. He also opposes the War on drugs
War on Drugs
The War on Drugs is a campaign of prohibition and foreign military aid and military intervention being undertaken by the United States government, with the assistance of participating countries, intended to both define and reduce the illegal drug trade...
, Patriot Act and the Military Commissions Act
Military Commissions Act of 2006
The United States Military Commissions Act of 2006, also known as HR-6166, was an Act of Congress signed by President George W. Bush on October 17, 2006. Drafted in the wake of the Supreme Court's decision on Hamdan v...
.
During a 2009 interview with a New Jersey
New Jersey
New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...
newspaper, he criticized the health care plan presented by President Barack Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
, saying: “Obama is ready to spend trillions of dollars to create a government health program. I have a far simpler plan that will genuinely help patients and save them and the government all those trillions of dollars: reschedule marijuana to reflect reality and authorize its use for medical purposes.”
See also
- Medical marijuana
- War on DrugsWar on DrugsThe War on Drugs is a campaign of prohibition and foreign military aid and military intervention being undertaken by the United States government, with the assistance of participating countries, intended to both define and reduce the illegal drug trade...
- Proposition 215
- Gonzales v. RaichGonzales v. RaichGonzales v. Raich , 545 U.S. 1 , was a decision by the United States Supreme Court ruling that under the Commerce Clause of the United States Constitution, the United States Congress may criminalize the production and use of home-grown cannabis even where states approve its use for medicinal...
- Health issues and the effects of cannabisHealth issues and the effects of cannabisThe effects of cannabis are caused by cannabinoids, most notably the chemical substance tetrahydrocannabinol . Cannabis has both psychological and physiological effects on the human body...
- Cannabis legalization in CanadaCannabis legalization in CanadaThe legal status of cannabis in Canada is under dispute. Superior and appellate courts in Ontario have repeatedly declared Canada's marijuana laws to be of no force and effect. However, challenges to marijuana laws at the federal level have not resulted in the deletion of the appropriate articles...
- Ed RosenthalEd RosenthalEd Rosenthal is a California horticulturist, author, publisher, and Cannabis grower known for his advocacy for the legalization of marijuana use. He served as a columnist for High Times Magazine during the 80's and 90's...
- Peter McWilliamsPeter McWilliamsPeter Alexander McWilliams was a writer and self-publisher of best-selling self-help books. He was an advocate for those suffering from depression. And, in his later years, he was a cannabis activist. Terminally ill with AIDS and cancer, he became a vocal campaigner for the legalization of medical...
- Libertarian Party
External links
- Personal/Family Web Site
- Presidential Campaign Web Site
- Campaign profile at Project Vote SmartProject Vote SmartProject Vote Smart is a non-profit, non-partisan research organization that collects and distributes information on candidates for public office in the United States...
- Presidential campaign FEC disclosure report
- American Medical Marijuana Association website
- Background and description of Kubby's medical circumstances
- Editorial: Steve Kubby IS a Refugee
- Kubby's Canadian extradition decision
- KTVU News coverage of Kubby's arrival at SFO
- Sacramento Bee coverage of Kubby's arrest
- Long Los Angeles Times article on 2006 arrest, incarceration.
- Compilation of reports on 2006 arrest, incarceration.
- Marinol: The Little Synthetic That Couldn't
- 2006 Wikinews article on medical dangers Steve Kubby facing in jail.
- 2006 Steve Kubby interviews in jail. Details medical neglect, dangers.
- Photo gallery for 31 January 2006 court rally, also contains many links/
- MP3 Interview with Steve Kubby’s wife January 14, 2006