Document:California Press Release 9 March 1999 Libertarians Vow Action as Kubby Case Heads for Trial

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400 Capitol Mall, Suite 900
Sacramento, CA 95814
(916) 449-3941
For immediate release: March 9, 1999
For additional information:
Juan Ros, Executive Director
Phone: (818) 506-0200

Libertarians vow action, blast prosecutors as Kubby case heads for trial

SACRAMENTO -- The Libertarian Party of California has "not yet begun to fight" in the case of Steve and Michele Kubby, who were ordered to stand trial last week on ten and nine felony drug charges, respectively. Modesto County Superior Court Judge Robert Compagna issued his decision Tuesday, March 2, at a preliminary hearing in Tahoe City Court.

Steve Kubby, the 1998 Libertarian candidate for governor, and his wife Michele were arrested January 19 in a police raid of their Olympic Valley home. Despite being legitimate medical marijuana patients protected under Proposition 215, the Kubbys were charged with multiple felony counts of conspiracy, cultivation, and possession with intent to sell. The Kubbys have persistently denied any sale, insisting they grew marijuana solely for personal medicinal use.

"That this case has gone this far is outrageous -- it either demonstrates a complete lack of understanding of the law by the judge and prosecutors or a willingness to ignore the law," charged Libertarian state chairman Mark Hinkle.

During the hearing Compagna sustained a prosecution motion to disallow a Proposition 215 defense, thereby barring the Kubbys' attorneys from bringing up any issues related to medical marijuana.

"Prop. 215, approved by 5.3 million Californians over two years ago, was meant to protect people like the Kubbys from suffering. It's unconscionable for the prosecution to disallow a medical marijuana defense," said Hinkle.

As a result of their arrest and prosecution, the Kubbys have been forced to file for bankruptcy. Authorities confiscated the computer equipment Steve uses in his business and have yet to return the property. "In their zeal to lock up law-abiding citizens, prosecutors have both jeopardized the Kubbys' physical health and destroyed their financial health," added Hinkle.

Hinkle announced that the Libertarian Party is studying ways to increase pressure on Placer County law enforcement, state legislators, and Attorney General Bill Lockyer to intervene.

"Libertarians are among the leading fighters in the battle for medical marijuana, and we will continue to fight -- not just for the Kubbys but for all medical marijuana patients. This is only Round One."

The next hearing is scheduled for March 19th in Auburn at which time a trial date will be set.