The Trial of Steve & Michele Kubby Begins Tomorrow, Tuesday,July 20, 1999! They Need Your Support DrugSense DrugSense FOCUS Alert # 116, July 19, 1999 On January 19, 1999 Libertarian gubernatorial candidate Steve Kubby and his wife Michele were arrested in a dramatic day-time raid staged by a multi agency "task force" representing local law enforcement agencies from several adjoining counties in Eastern California and Western Nevada. It was subsequently learned that the arrest culminated over six months of extraordinary and invasive surveillance initiated on the basis of nothing more than an anonymous letter. The immediate post-arrest treatment of the Kubby's, their subsequent ordeal and the decision of Placer County officials to try them on felony charges of growing Cannabis for sales is generally well covered by a rich collection of media reports available through links at http://www.kubby.com/. This case shapes up as a defining moment, not only for 'medical marijuana' legislation in California, but for the ongoing battle the federal government is waging to preserve marijuana prohibition as the engine driving an ever-expanding "war on drugs." As such, this FOCUS ALERT is perhaps the most important call to action MAP will issue all year. The relatively untold story is that since early 1997, many local law enforcement agencies in California has been waging an intensive campaign against medical Cannabis; one characterized not just by their complete unwillingness to accept the law, but by their willingness to employ questionable-if not downright illegal efforts to subvert it. The arrest and subsequent treatment of the Kubby's illustrates this as well as any of the less publicized cases. Everyone is urged to familiarize themselves with the important details of this case and to inundate appropriate targets with large volumes of mail, e-mail and faxes demanding media coverage and fair treatment; not only for the Kubby's, but for all medical users and growers in California. To the extent possible, we should also interweave the governor's craven refusal to support even the timid recommendations of his Attorney General and Senator Vasconcellos' blue ribbon panel. Listed below are important media e-mail addresses. It should be noted that Bay Area papers have been conspicuous by their absence from the list of papers covering the case. Letters to them should be pointed in asking why they have failed to notice it thus far, despite their generally good record in covering other pertinent medical Cannabis developments. The editorials written by the Orange County Register are a good model for what all the major dailies should be saying about this case. Key points: 1) An enormous and intrusive investigation was launched by an anonymous tip 2) The Kubby's never made any secret of the fact that they were growing Cannabis (in compliance with CA law). The sole issue here is the number of plants. 3) No evidence to support the charge of sales was introduced at pre-trial hearings. 4) The arrest has been destructive and potentially harmful; there is unimpeachable medical opinion that the behavior of the police and prosecutor has already recklessly endangered Steve's life; they have exhibited no acknowledgement of that fact-let alone regret or an apology. 4) They have also severely injured the Kubby's financially by retaining their computer hard drives and essentially forcing them out of business. 5) Refusal of the law & motion judge to grant (relatively routine) motions allowing a delay or compelling return of the computer hard drive before the trial is both unusual and highly suspicious. (These points-and more- are well covered by an (as usual) excellent Orange County Register editorial which was just received- and which I've pasted below. GET BUSY AND WRITE!! KEEP ON WRITING!! WE _ARE_ MAKING A DIFFERENCE! * PLEASE SEND US A COPY OF YOUR LETTER OR TELL US WHAT YOU DID (Letter, Phone, fax etc.) Please post a copy your letter or report your action to the MAPTalk list if you are subscribed, or by E-mailing a copy directly to Your letter will then be forwarded to the list with so others can learn from your efforts and be motivated to follow suit This is VERY IMPORTANT as it is the only way we have of gauging our impact and effectiveness. CONTACT INFO Please Copy All Letters to: (Auburn Journal) (Placer Cnty Board) (Placer County Sheriff) Board of Supervisors 175 Fulweiler Ave., Auburn, CA 95603 Phone: 530-889-4010 Fax: 530-889-4009 E-mail: Placer County Board of Supervisors * Supervisor Bill Santucci, District 1 (Roseville) * Supervisor Robert Weygandt, District 2 (Lincoln) * Supervisor Harriet White, District 3 (Auburn) * Supervisor Jim Williams, District 4 (Loomis) * Supervisor Rex Bloomfield, District 5 (Meadow Vista) and * Placer county Sheriff Bonner Send Your Letters to Orange County Register: EXTRA CREDIT Additionally send your letter to any of the papers below you would like to include: (for best results do NOT BCC: send separate letters to each address) Major Daily Newspapers (San Francisco Chronicle) (San Francisco Examiner) (Oakland Tribune) (San Jose Mercury-News) (Los Angeles Times) (Sacrmento Bee) (San Diego Union-Tribune) Weeklies (Sacramento News & Review) (Bay Guardian) Tahoe Regional Newspapers (Auburn Journal) Smaller Dailies (Bakersfield Californian) (San Mateo Co Times) Subject: MN: US CA: Editorial: MMJ: The Kubby Case Newshawk: John W. Black Pubdate: Mon, 19 July 1999 Source: Orange County Register (CA) Copyright: 1999 The Orange County Register Contact: Website: http://www.ocregister.com/ Author: Alan Bock Note: The Kubby Files are online at http://www.kubby.com/ THE KUBBY CASE Following a remarkable ruling by Placer County Judge Robert McElheny, the trial of Steve ana Michele Kubby, two medical marijuana patients, on charges of cultivating marijuana with intent to sell, just might get under way this week. The couple had their home in Tahoe City raided Jan. 19 and all the plants they were growing, along with their computer, books, numerous personal possessions and the $200 cash they had in their wallets at the time, were confiscated. Steve Kubby, you may recall, was the Libertarian Party candidate for governor last year and a key proponent of Proposition 215, the medical-marijuana initiative passed by voters in 1996. Both Kubby's are patients with written recommendations from physicians to use marijuana medicinally - Steve for adrenal cancer and Michele for irritable bowel syndrome. The couple, who have been living in Orange County since shortly after their arrest, had made no secret of the fact that they were growing marijuana for their own medical use in the basement of a rented home in Tahoe. The couple ran an online outdoor sports and adventure magazine and the computer was the source of the livelihood. After it was confiscated they had to declare bankruptcy. They had requested and the court had ordered that the prosecution at least return the information contained on the computer (including all their financial records for the last 15 years). Although the court issued an order early in March, the information wasn't furnished (in the form of two CDs) until last week. Mr. Kubby's attorney, Dale E. Woods, told us that didn't give him enough time to study the contents of the CDs thoroughly enough. "Mr. Kubby will be cross-examined about individual transactions from years ago that nobody can be expected to remember in detail," Mr. Wood told us. "Getting the records one week before trial is not enough time to prepare a defense." Meantime, based on some of the information on the CD and in details of some charges, Mr. Kubby is suspicious that somebody might have tampered with the computer's hard drive. His attorneys asked Judge Robert McElheny to order the prosecution to return the computer to them last week. He refused to do so. Mr Kubby has challenged the prosecution to return the computer so an independent expert can check the hard drive for tampering - or drop the charges. That seems unlikely to happen. Michele Kubby's attorney, Joe Farina of Sacramento, told us he has a delay. He has to handle a court-assigned case in Sacramento the same day - Tuesday - the Kubby trial is scheduled to begin in Auburn. Under most circumstances that should be grounds for a routine continuance of the case. But very little about this case seems to be routine. It is hard to avoid the suspicion that Placer County prosecutors brought this case and continue to play hardball essentially to frustrate the will of the voters and to discourage and harass medical marijuana patients. They have decided to re-try a dentist and his wife whose situation was similar to that of the Kubby's - physician-certified patients who were growing their own marijuana in their own home but had "too many" plants to suit the police - even though they got a hung jury the first time. It is high time for police and prosecutors in Placer County and elsewhere in California to recognize that Prop. 215 - now Section 11362.5 of the Health and Safety Code - is the law in California. State and local law enforcement agents are not supposed to arrest physician-certified patients for use or cultivation of marijuana - period. What federal authorities do might be a different matter, but state and local officials have an obligation to follow California law. Will they get the message if a Placer County jury acquits the Kubby's? We'll be following this case closely. * SAMPLE LETTER (Sent) Dear Auburn Journal I sent the letter and article below to the following people today. Feel free to print my letter if you like. Dear: Placer County Board of Supervisors I suppose I could reiterate what so many others have said so well about how deplorable you are beginning to look to throughout not only Placer county but the state and even the nation regarding the intransigent and inexcusable treatment of Steve and Michele Kubby but an article in the Orange County Register (below) that went out today to well over half a million California residents says it all too well. This is but one of more than 100 news articles that have been published around the nation on this case (not to mention broadcast media coverage.) How on earth people in your position can continue to ignore California law simply boggles my mind. I'll not try to convince you further. You know the facts and you know you are wrong and it's not long until the next elections. I have no respect for those who have no respect for individual liberty, the Constitution, the law, and what is plainly and obviously the right thing to do. How do you sleep at night? Mark Greer PO Box 651 Porterville, CA 93258 800 266-5759 Mark Greer is the Executive Director of DrugSense an Internet based non profit corporation dedicated to the dissemination of truth and accuracy on all drug policy related matters. http://www.drugsense.org/

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