Document:California Press Release 21 January 1999 Libertarian Candidate and Wife Released from Jail

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400 Capitol Mall, Suite 900
Sacramento, CA 95814
(916) 449-3941
For immediate release: January 21, 1999
For additional information:
Juan Ros, Executive Director
Phone: (818) 506-0200
Fax: (818) 506-0212

Libertarian candidate and wife freed from jail; party urges Lockyer to investigate

SACRAMENTO -- Steve Kubby, the 1998 Libertarian candidate for governor of California, and his wife Michele were released on their own recognizance from police custody today following arraignment in Tahoe City Court.

The Kubbys were arrested Tuesday morning in a police raid of their home in Olympic Valley. They are charged with unauthorized cultivation, harvesting, and processing of marijuana; possession with intent to sell; and conspiracy.

"We are relieved and grateful that Steve and Michele Kubby have been freed from custody," announced Libertarian state chair Mark Hinkle. "They have broken no laws and should never have been arrested in the first place."

Steve played a pivotal role in the November, 1996, passage of Prop. 215, the medical marijuana initiative. He takes medical marijuana under doctor's orders to treat adrenal cancer, which he was diagnosed with in 1975, and hypertension. Michele also takes medical marijuana to alleviate the symptoms of irritable bowel syndrome.

The Kubbys are due back in court on January 28th for a preliminary hearing where they are expected to enter a not guilty plea.

The Libertarian Party of California, responding to the Kubbys' arrest and incarceration, drafted a sternly-worded letter to state Attorney General Bill Lockyer "on behalf of the 5,382,915 Californians who voted in favor of Proposition 215," urging Lockyer to intervene in the case.

In the letter, the party called on Lockyer "to bring the full weight of your office down in this matter and investigate the North Tahoe Task Force and Placer County District Attorney's office to determine the cause of this unnecessary police action."

"Mr. Lockyer swore to uphold the laws of the state of California when he was inaugurated earlier this month. We are simply asking him to do so in this case," stated Hinkle. "Prop. 215 was passed by the voters of this state over two years ago. It is a disgrace that law enforcement continues to ignore the will of the voters and prosecute law-abiding citizens who are using a form of medicine that is completely legal."

Response to the Kubbys' arrest has been overwhelming, according to Hinkle. "The flood of emails, phone calls, and faxes has been unbelievably supportive of the Kubbys. Californians are outraged that the government can so flagrantly ignore the law and jeopardize someone's health.

"What has happened to the Kubbys is a sobering reminder that liberty comes at a price."