Steve Kubby - Arrest and Trial

Arrest and Trial

In 1996, Kubby was instrumental in the drafting and passage of California Proposition 215, The Compassionate Use Act of 1996. 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 defense 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."

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."

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.

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 officers 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.