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Tuesday, 24 November, 2020

The Kubby Case

Date: 23 December, 2000

By: Chief

Imageell, two years have come and gone since Steve Kubby and Michelle Kubby's house was raided by a 'joint police task force'. Two years of relentless persecution and, without doubt, prosecution. On December 21, 2000, Steve was convicted of felony drug possession — a mushroom stem and some Peyote buttons. His wife was acquitted on those charges. The possession and distribution of Marijuana charges against both people ended in a hung jury. 11 voting not guilty, 1 voting guilty.

What is the significance of this? What is the big deal? Cops make drug busts daily. Be it local cops or the federales. A drug bust is the norm rather than the exception. The significance is both Steve and Michelle Kubby, who live in California, possess prescriptions for marijuana issued by their doctor. Additionally, and I believe this to be quite important, Steve was on the 1998 ballot running as the Libertarian candidate for Governor of California.

In other words, the cops had no lawful authority, none whatsoever, to initiate an investigation against the Kubbys for pot! Then why did these 'jack booted thugs' do just exactly opposite what the law states? Why, because they can. It is as simple as that.

Cops have hated, hated with a passion, Proposition 215, the California Medical Marijuana Initiative, passed by a majority of California voters in 1996. Yet to this very day cops throughout California continue to arrest citizens. Continue to seize assets of citizens. Continue to harass citizens. Citizens who are adhering to the law. Got a 'script. Smoking a joint. Busted, in jail and destitute. You're screwed. But the law says ... I don't care. You're still screwed.

Police are breaking the law!

Got it? What part of:

'[I]f a person has a recommendation from the doctor that person is lawfully allowed to grow, purchase and use Marijuana'

don't police understand? What part of it don't you understand? More importantly, what are you prepared to do about it?

For the Kubbys, this nightmare has lasted two years. Their business went bankrupt. They no longer have a home. Come February 2 of 2001, Steve Kubby shall once again be in court. This time for sentencing. In his 50's, with adrenal cancer — terminal, Steve Kubby could face prison. A.K.A., the death penalty for him. Going the way of Peter McWilliams. Another medical marijuana patient who was sentenced to federal prison and died. Died for the crime of trying to save his own life.

How hideous. How morally bankrupt our country is. How selfish and cowardly We the People have become. Proud of yourself? Working 60 plus hours a week to keep up with Joneses. Pay for that SUV. Don't have a clue where your kids are or what they are doing. I know, you'll spend more time with them next year. What are their names anyway or have you forgotten? Oh, what happened to McWilliams and the Kubbys doesn't affect me. I can hear it. Perhaps, instead of We the People as the opening line of our Constitution, we should amend it to read "We the Weasels." Once again, are you proud of yourself?

Now according to Kubby, their trial was a victory ... of sorts. Wrong! Unfortunately, there was no victory. None at all. Steve is now a felon. On the marijuana charges, the verdict was — no verdict. A hung jury. What's more, has the Kubby case stopped cops from breaking the law? No, I think not. Indeed why or how would it? There is no court ordered injunction. No administrative law or regulation. To be sure, the Attorney General for the State of California, Bill Lockyear, running on a platform of 'Pro 215', has remained rather quiet on the issue. The Governor, Gray Davis, always careful not to upset the political applecart, has, like Lockyear, remained silent on the issue. Though both have a constitutional duty to ensure the law, whether they like it or not, is enforced — equally. In that, both Davis and Lockyear have failed and failed miserably. Moreover, by remaining silent, Davis and Lockyear, sub silentio, approved of this unlawful conduct by police and district attorneys.

Do not misunderstand me, I have nothing but respect for Steve and Michelle Kubby. They dared to tread where most would cower in fear and refuse to go. The Kubbys put, quite literally, their lives on the line. On the line for liberty. They lost but they are far from beaten.

Until police and prosecutors have been hurt and hurt badly, such unlawful conduct shall continue. This 'beating', if you will, cannot be accomplished by a single person. It cannot be accomplished by a married couple. Not even close. No, this can and must only be accomplished by the citizenry en masse. No one else.

Now, are you one with We the People or would you rather cower with We the Weasels?

[Ed. note: Story update.] At long last Steve Kubby, on 03 July, 2008 (quoting Wikipedia):

"California Superior Court Judge, David Nelson, dismissed all charges against Kubby, clearing his name and record of any criminal activity."

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