Steve Kubby
From Wikipedia, the free encyclopedia
 Steve Kubby |
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| Born: | December 28, 1946 El Paso, Texas |
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| Occupation: | writer, public speaker |
| Nationality: | United States of America |
| Subjects: | The Politics of Consciousness,[1] Why Marijuana Should Be Legal.[2] |
| Website: | http://kubby2008.com |
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 was a candidate for Governor of California in 1998 and has declared his candidacy for the Libertarian Party's 2008 presidential nomination.
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[edit] Cancer patient
In 1968, at the age of 23, he began experiencing symptoms of hypertension and palpitations. He was diagnosed with malignant phenochromocytoma, 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 metastasized 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 controlled 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."[3]
In 1996, Kubby was instrumental in the drafting and passage of California Proposition 215, The Compassionate Use Act of 1996. [[3]]
[edit] Libertarian Party candidate
In 1998, Kubby was the Libertarian candidate for Governor of California 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, 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.[4] The Federal Election Committee (FEC) issued candidate ID numbers for Steve Kubby personally and for the Kubby for President Committee on September 18, 2006.[5] He has since campaigned at various community and Libertarian Party events and launched a campaign web site.
[edit] Arrest and trial
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, famously by passing a note through his own household trash, which the police had begun searching.
In 1999, Kubby and his wife Michele were arrested and faced trial for growing his own cannabis in his home, even 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.[6] Lungren had been aggressive in resisting the implementation of Proposition 215,[7] to the point of issuing instructions to peace officers on how to cross-examine cannabis patients so as to undermine their claim of sanction.[8] In this time, the legal status of medical marijuana growers was unclear.
In jail for 72 hours after the arrest, Steve 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.
| “ | Please consider the consequences of Steve's condition not being controlled. His tumor is manufacturing large quantities of norepinephrine (noradrenaline) and possibly epinephrine (adrenaline). Either compound in minute quantities could kill him instantly by causing sudden cardiac death due to arrhythmia or acute myocardial infarction, or sudden death due to cerebral hemorrhage or cerebral vascular occlusion.[9] | ” |
Kubby described their ordeal in his official complaint,
| “ | During the entire three days I was incarcerated in the Auburn jail, my tormentors mocked me and my wife as medical-marijuana patients, going out of their way to punish us. Both of us were exposed to freezing conditions, and my wife contracted pneumonia as a result. I spent the entire night shivering and vomiting and could not even get a second blanket for my concrete holding cell. I recall one of my tormentors was a tall, muscular deputy named 'Davis,' who threatened me physically because I was too sick to complete the intake procedure. . . I also filed a written objection about my left eye going blind, and not receiving even a medical examination.[10] | ” |
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 found in a guestroom of their house. Kubby was sentenced to 120 days in jail.
[edit] Flight to Canada
In 2001, facing the conviction for peyote possession, and the possibility of incarceration without access to cannabis, Kubby obtained the court's permission to move to Canada with his wife and two children. However, once they arrived, the terms of his probation were changed without his knowledge or consent, making him a fugitive.[11]
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, together with the nature of the original proscecution itself, was alleged to constitute a well-founded fear of persecution.
Dr. Joseph Michael Connors, an expert in the area of adrenal cancers, testified at the Canadian extradition hearing about Mr. Kubby's medical condition:
| “ | According to Dr. Connors, Mr. Kubby's tumour releases, in excess quantities, hormones normally found in the adrenal gland that are called catecholamines. Excessive levels of catecholamines in Mr. Kubby's blood cause a range of separate symptomatic problems including paroxysmal headaches, sudden flushing or pallor of the skin, palpitations (rapid and irregular beating of the heart), hypertension (sudden dangerous rise in blood pressure), excessive sweating, sudden abdominal cramps and diarrhea, chest pain, shortness of breath, nausea, sudden severe weakness and anorexia (loss of appetite). If not controlled, Mr. Kubby's symptoms could evolve further to the point where a myocardial infarction (heart attack) or cerebral vascular accident (stroke) could occur.[12] | ” |
[edit] Departure from Canada and incarceration in the US
After numerous appeals, Kubby was asked to leave Canada under a "conditional Departure Order"[13] within 30 days, which he did. He arrived in San Francisco, California, on Thursday, January 26, 2006, accompanied by his attorney Bill McPike, and was immediately arrested.[14] 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 has granted Kubby access to Marinol, a THC synthetic which lacks the cannabinoids which have been shown to modulate catecholamine levels. Michele Kubby reports that the Marinol is helping, but that her husband can tell subjectively that it will not be effective in the long run.
| “ | Marinol is helping to control the rectal bleeding he was experiencing as well as the blood pressure. Of course Marinol does not contain the [catecholamine-modulating cannabinoids] present in the whole plant, and these have been shown by Dr. Guzman of Spain to have the properties of inhibiting a protein necessary for blood vessel development, which results in the cancer tissue being denied nutrients as well as teaching cancer cells to die. . . With Marinol, Steve is only partly protected. Because Marinol uses only the THC active portion of the cannabis plant, his tumors are now free to grow again. This type of tumor is particularly apt to grow into the spinal cord, brain and organs.[15] | ” |
She also describes her husband's conditions of confinement,
| “ | It seems that [Placer County Jail] has moved him from the infirmary to solitary confinement. He has a cell all to himself and he was freezing. Again they are ignoring his pleas for a blanket and have left him to shiver and chatter in a cold cell. Remember, this is in the foothills of the Western Sierra. It is very cold and the cold is a damp cold. I'm afraid he will be looking at getting pneumonia soon if he is not warmed up. . . [Placer County Jail] has not taken his blood pressure since he arrived yesterday. Steve must be on a constant monitor in order to gauge the severity of his medical condition. At any time, his blood pressure can skyrocket. Being freezing cold stresses the body which releases more chemicals which worsens the danger.[16] | ” |
In January, the San Francisco Board of Supervisors passed a resolution supporting Kubby and calling for his immediate release from jail.[17] On March 6, 2006, Kubby was released early from jail for good behavior, after a personal visit by Placer County Sheriff Ed Bonner.[18] 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.[19] Kubby was released on April 5 after serving only 22 days of the 60-day sentence, his time reduced for good behavior and because of jail overcrowding.
[edit] See also
- Medical marijuana
- War on Drugs
- Proposition 215
- Gonzales v. Raich
- Health issues and the effects of cannabis
- Cannabis legalization in Canada
- Ed Rosenthal
- The Spliff Committee
- Peter McWilliams
- Libertarian Party
[edit] External links
- Personal/Family Web Site
- Presidential Campaign Web Site
- 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
- NORML MP3 Interview with Steve Kubby
- Free Talk Live Interview with Steve Kubby
[edit] Notes
- ^ [1]
- ^ [2]
- ^ http://safeaccessnow.org/article.php?id=1804]
- ^ http://www.lp.org/fp/article_391.shtml
- ^ http://query.nictusa.com/cgi-bin/fecimg/?P00004671
- ^ http://www.kubby.com/Placer/AttorneyGeneralComplaint.html
- ^ http://www.ccrmg.org/journal/04aut/mccartney.html
- ^ http://www.drugsense.org/CCUA/970224_lungren_peace_officer_guide.pdf
- ^ http://safeaccessnow.org/article.php?id=1804
- ^ http://www.kubby.com/000118HighTimes.html
- ^ http://kubby.com/Placer/compform2.html
- ^ http://www.irb-cisr.gc.ca/en/decisions/public/kubby/kubby_e.htm#medical
- ^ http://kubby.com/PRRAOnline/DepartureOrderSteve.pdf
- ^ http://www.ktvu.com/video/6484694/detail.html
- ^ http://www.hempevolution.org/kubby/060128update.htm
- ^ http://www.hempevolution.org/kubby/060128update.htm
- ^ http://www.mapinc.org/norml/v06/n295/a09.htm
- ^ http://www.mapinc.org/drugnews/v06/n285/a02.html
- ^ http://www.news10.net/storyfull2.aspx?storyid=16466
| Persondata | |
|---|---|
| NAME | Kubby, Steve Wynn |
| ALTERNATIVE NAMES | |
| SHORT DESCRIPTION | United States politician and activist |
| DATE OF BIRTH | December 28, 1946 |
| PLACE OF BIRTH | |
| DATE OF DEATH | living |
| PLACE OF DEATH | |
