In case you don't know, Steve Kubby has adrenal cancer. Medical
Marijuana has actually kept him alive for several years. In
California medical marijuana is legal. But when Kubby was found to be
growing and using it, the federal government raided his home. He
later fled to Canada. Now Kubby is to be ordered back to the US to
essentially serve his death penalty.
Posted December 30, 2005
Analysis by Richard Cowan
People in the US and around the world are properly disturbed by
allegations that the American government has violated the civil
liberties of various persons accused of terrorist activities. The
concern generally is not so much about the rights of the accused, who
are not particularly sympathetic, but for the potential abuses of
power that endanger everyone. There has been great concern
regarding "domestic spying" by the government.
Similarly, there was a great outcry around the world protesting the
execution of a convicted murderer in California. Again, the protests
were largely based on opposition to the death penalty. Indeed, so
many people on death row have been proven innocent, that even those
not philosophically opposed to executions have ceased to trust the
criminal justice system with matters of such finality.
Both of these concerns would seem to be more than justified in the
case of Steve Kubby, but – if the US and Canadian governments have
their way – he will be sent to die in the US in less than two weeks.
Two of the leading cancer specialists in the US and Canada have
confirmed that Kubby has malignant pheochromocytoma, a very rare
form of adrenal cancer, and that only cannabis has kept him alive for
decades longer than is typical in such cases.
From 1999, see
Prominent Cancer Specialist Says Steve Kubby Should Be Studied, Not
Jailed;His Case Has Major Medical Implications.
Nonetheless, he is under a Canadian departure order that will deliver
him to the US authorities on January 12, 2006, unless a stay is
granted in a hearing on January 9th. He will be jailed on a "no-bail
warrant" and eventually transported to Placer County, California. Of
course, he could also be held on federal flight charges and the US
government does not even recognize the existence of medical cannabis,
and denies that there is even a right to mention it in a US federal
Facing January 12th Expulsion From Canada, The Kubbys Launch Legal
Assault On Refugee Process. Now Is The Time For Kubby's Supporters --
And Friends Of Freedom Everywhere -- To Rally Behind Them.
Consequently, within hours of being taken by the US, Kubby will
suffer excruciating headaches, nausea and other symptoms of soaring
blood pressure caused by unpredictable spikes in his adrenaline
A Critique of the Kubby Refugee Ruling: What Is It About Dead That
You Don't Understand?
Within a few more days – or perhaps just hours – he will suffer
irreversible kidney damage, and/or blindness and a stroke. Then, if
he is lucky, he will die. Steve Tuck, another medical cannabis
patient who was delivered to US authorities and held a week without
any medication, said that he would rather have died than endure even
a few more weeks of such torture, and his need for cannabis is not as
absolute as Kubby's.
And yet, no one seems to care, because Kubby is a medical cannabis
patient, and serious people simply cannot allow themselves to be seen
taking the cannabis issues seriously. Otherwise, their status
as "serious people" might be in danger.
For an improbable exception, see
WorldNetDaily Continues Its Critique of the Drug War with An Article
by Steve Kubby: "Bill Of Rights Is The Cure For Government Disease."
How else can one explain such indifference to the extraordinary
violations of the laws of the US and Canada that have been committed
by law enforcement and the bureaucracies in two advanced countries?
We have had a serious debate over whether it is ever justifiable to
torture a suspected terrorist to save lives, but there is no debate
about torturing medical cannabis patients in order to save cannabis
Kubby's case has hardly been a secret, but it is still not "an
issue", and that is all the more remarkable when one considers that
Kubby himself is a very political person, having been one of the
principal backers of Prop 215, California's Compassionate Use Act for
medical marijuana, in 1996.
When it became apparent that the medical marijuana laws were being
defied by California law enforcement Kubby decided to become the
Libertarian Party candidate for governor of California in 1998.
From 1998 see
California Libertarian Gubernatorial Candidate and Medical Marijuana
Activist Kubby Denounces Jailing McCormick
In short, he did not become political after he was arrested. Rather,
he was arrested after he became political. Thus, his case would
appear to be that ultimate American taboo, a political prosecution.
Why then is this case not a political issue? Because it involves
Lawless law enforcement, rotting from the top.
After Lockyer Says He Won't Fight To Support Rights Under Prop 215
Former California Libertarian Party Gubernatorial Candidate And
Medical Marijuana Patient Steve Kubby Arrested On Cultivation
And "Conspiracy" Charges!
California Narks Lie to Justify Disobeying Prop 215. And They Lie
About Me In The Process.
In July of 1998, while Steve was running for Governor of California
on the Libertarian Party ticket, an anonymous letter was supposedly
sent from Long Beach to the Placerville Sheriff's Department.
An officer there forwarded this anonymous letter to neighboring
Placer County, where they lived, with a note which said, "…The
information is weak and non-specific, but I wanted to pass the
letter along in the event your narcotic enforcement team is
Even though the author did not even know where the Kubbys actually
lived, within 24 hours an investigation was opened involving agents
in four counties and two states.
This letter was also crafted to elicit interest from the U.S.
Federal government, because of the large number of plants mentioned,
and it even claimed that the Kubbys fed their 2 year old daughter
cannabis on a regular basis! No one has ever claimed responsibility
for this letter and the Kubbys' attorneys believe it was actually
written by the police somewhere in California.
In addition, the letter alleged that Kubby funded his governor's race
with "pot money," even though his election finances were audited and
no violations of the election laws were ever found.
The multi-state taskforce continued its investigation for six months,
placing the Kubbys' home under surveillance, spying and even taking
pictures through their windows, and sorting through their garbage.
The Kubbys were tipped that they were being watched and started
putting notes in their garbage informing the police that they were
growing medical cannabis in accordance with state law.
No violations of any laws were ever established by the six months of
spying, but the police were still able to get a warrant. How?
On the warrant to search the Kubby home and arrest them, a DEA report
was cited which supposedly claimed that a (blond, fair-skinned)
journalist who was visiting the Kubbys was a Jamaican drug smuggler.
When the journalist later wrote the DEA and asked for a copy of this
report under the Freedom of Information Act - the DEA denied having
any such report. The Kubby trial judge refused to require the
prosecution present the report, and denied the defense motion for a
full evidentiary hearing on the issue.
Without this supposed DEA Report, the authorities had no basis for
their warrant. (Amendment IV in the Bill of Rights: The right of the
people to be secure in their persons, houses, papers, and effects,
against unreasonable searches and seizures, shall not be violated,
and no Warrants shall issue, but upon probable cause, supported by
Oath or affirmation, and particularly describing the place to be
searched, and the persons or things to be seized.)
Instead, the search warrant and probable cause information to obtain
it acknowledges that the police were aware that Kubby was
an "outspoken advocate" for the medical use of marijuana.
Within their probable cause information the arresting officer had
stated that he had observed Steve (through Kubby's window) bringing a
potted plant into his living-room and displaying it to the supposed
Jamaican drug dealer, who touched it. That was cited as evidence
that Kubby was distributing marijuana, but the police never stopped
the journalist or anyone else leaving the Kubbys' home, and never
found any evidence of sales. The domestic spy also claimed that
Michele Kubby was visible at that time, but it was proven that she
was in Orange County at the time.
On January 19, 1999, twenty heavily armed officers from North Lake
Tahoe, the State of Nevada, and the DEA stormed the Kubbys' home at
gunpoint. They wore flack jackets and had laser guided assault rifles
which they shoved into the Kubbys' faces, even though the Kubbys had
no weapons and offered no resistance.
Kubby's indoor medical garden was completely destroyed by the police,
and they were told that Prop 215 did not apply in Placer County. Both
Kubby and his wife Michele were taken into custody and held for three
days, during which time Steve received no medical treatment of any
kind, and certainly no cannabis. Despite his having the legal right
to grow and use medical cannabis, the courts and the police refused
to return even a gram of his medicine.
The Placer County authorities charged them with a combined total of
19 criminal counts which would get them 25 years to life in prison.
They were originally held on $200,000 bail, but were released on
their own recognizance after Placer County officials were swamped
The police also claimed that they found remnants of four peyote
cactus buttons as well as .058 grams of a psilocybin mushroom in a
film canister in a guest bedroom. Kubby had written a book on
psychedelics, so it was at least plausible that they were his, but he
was actually charged with (and ultimately convicted of) possession of
mescaline and psilocin, the active ingredients which the police
extracted in their lab. However, the presence of mescaline and
psilocin does not prove that the remnants from which they were
extracted were actually the prohibited items.
Long before he was convicted, Placer authorities even sent a spy to
record a speech Kubby made to a Libertarian convention in Missouri.
What did that have to do with his marijuana garden or the
psychedelics in his guest room?
After a four month trial, a jury of 12 people voted 11-1 to acquit
the Kubbys of all marijuana charges, and the DA recognized that he
could not get a conviction on the marijuana charges in a retrial. In
short, the original basis for the investigation, raid, and arrests
was completely discredited.
As noted, Steve was convicted for possession of the psilocin and
mescaline, even though those two substances had been extracted in a
lab and were not what the police actually seized. The result was a
felony conviction that the judge reduced to misdemeanor. However,
because Steve needs cannabis to live, even misdemeanor probation
would leave him vulnerable to another illegal raid, and he would have
no recourse if charged with a violation of probation. Given their
experience, they were unwilling to trust Steve's life to the good
will of California law enforcement, so with the court's permission,
they moved to Canada. This turned out to be a wise move, at least for
the time being.
On May 25, 2001, the Placer County District Attorney filed an appeal
in the Superior Court Appellate Division of Placer County against
the trial judge's decision to turn the convictions into
misdemeanors. This appeal, even if it were proper was filed three
weeks after the 30 day limit for filing a misdemeanor appeal had
The Peoples Notice of Appeal is Untimely.
To fix this problem, instead of requesting an extension of time from
the Superior Court appellate Division, two judges who had been
recused for cause and disqualified from the case, covered up the
errors of the prosecutor. The first judge, Roeder, (recused
specifically for bias and prejudice), did of his own motion, and
without advising either Kubby or his appeal of conviction lawyer,
altered the People's erroneous and untimely appeal to the status of a
This appeal should have never happened in the first place. He was
formally convicted of misdemeanors and given probation. If the
prosecution was unhappy about the probation, its recourse by law was
confined to filing an application for review under writ of mandate.
On July 20, 2001, without sending the Kubbys any notice to show up in
court on July 20th, either from the court or from the public
defender, Judge Cosgrove holds a probation violation hearing. Not
being present, he puts out a no-bail bench warrant for Steve's
arrest as a "felony fugitive."
Consequently, the probation appeal should never have ever been
entertained or considered by any appellate Court, but because of the
type of appeal and Roeder having labeled Kubby a felon, the
California Third District Court of Appeal then ruled Kubby was
a "felony fugitive" – and would not let him appeal any aspect of his
case, especially its illegal conversion to a felony, unless he
appeared in person, which would result in his death.
Catch 22 was never more deadly. Despite their having provided
extensive evidence of illegal acts by judges and prosecutors, Kubby
cannot get a hearing in California courts -- because the very
illegal actions that he has exposed have made him a "felony
fugitive". How convenient for the real criminals!
Placer County authorities then fraudulently tell Canadian Officials
that Kubby is a "felony fugitive," and Canadian Immigration arrests
Kubby, forcing him to file for protection as a refugee. Even in the
refugee hearings, Placer County officials continued to flout
On April 11, 2003, Chris Cattran, the Assistant DA from Placer
County, who prosecuted the Kubbys testified by phone, and offered an
insight into how arbitrary Placer's medical cannabis policies
remained. The county still had no written guidelines on the amount of
cannabis a patient may have, so patients could never know if they
were in compliance. If the police have decided that the patient has
too much they will simply arrest him and let a jury decide. In the
meantime, the patient is without medicine and has to pay for a
criminal defense, which most patients cannot afford.
Cattran explained that they had arranged for two "specialists" to fly
in and testify at the trial about Steve's condition and his use of
cannabis, but, at the last minute, the judge decided not to allow
them to challenge to Steve's doctors.
Perhaps one reason that the judge decided not to allow this challenge
was because the prosecution's doctors had never examined Steve.
Immigration Canada's attorney asked Cattran if he knew what these two
doctors – who had never even seen Kubby – were going to say.
Yes, he replied. They were going to say that Steve didn't have
cancer, but if he did, cannabis was contraindicated and would just
make his condition worse!
These are the people to whom Canada wants to return Steve Kubby!
Placer County, Still Murderous After All These Years. Kubbys Find
Secret "Death Warrant" Signed by Disqualified Judge. Key To Canadian
Refuge, If Not Justice In California.
Meanwhile in Canada, the so-called "refugee protection system" is
arbitrary and capricious, and its officials act as though they are
above the law.
When Steve's refugee hearings first began, Immigration Canada
insisted that he be examined by the leading cancer specialist in BC,
to determine if he really has cancer and cannabis really helps him.
Of course, they were expecting the doctor to say just what Cattran's
quacks were prepared to say, but he confirmed both the diagnosis and
the effectiveness of cannabis. So what did Immigration Canada do
next? It pretended that their doctor's opinion simply did not matter.
They also refused to consider massive evidence of judicial and
prosecutorial misconduct by California officials.
Finally, in an absurdly misnamed farce called the "Pre-Removal Risk
Assessment" an utterly unqualified bureaucrat flatly lied when
confronted with sworn affidavits from two Washington State attorneys
about the treatment of Steve Tuck when he was renditioned to the
States. She claimed, "I am unable to find any trustworthy and
independent sources to corroborate that the individual concerned was
not given proper medical attention while jailed."
She was NOT UNABLE. She was UNWILLING EVEN TO LOOK at the
consequences of their own actions. She could easily have contacted
the lawyers and obtained the verification that she clearly did not
want. Does it matter that a Canadian bureaucrat lied about a matter
of life and death?
We may find out on January 9th. We will also find out between now and
then if the people who oppose violating the rights of terrorists and
the execution of murderers care about the rights of the innocent and
the "technicalities" of the rule of law in two countries.
If Steve Kubby dies, the real murderers will be those who remain
Cannabis Prohibition Is "Low-Intensity Warfare" Against Social Peace,
Individual Freedom and the Rule of Law. Be very afraid... Three