California Attorney General Bill Lockyer says he supports patient access to medical marijuana under state law, but will not intervene on behalf of former Libertarian candidate Steve Kubby. Kubby, the 1998 Libertarian candidate for governor, and his wife were arrested last week when police found marijuana growing in their home.
Kubby, 52, is a longtime advocate for medical marijuana and uses the drug to treat adrenal cancer and hypertension. He says that the marijuana seized by police was for him and his wife’s own medicinal use under the supervision of a physician.
Leaders from the national and state Libertarian Party condemned the arrest and called on Lockyer for assistance. “Mr. Lockyer swore to uphold the laws of the state of California when he was inaugurated earlier this month,” Libertarian state chair Mark Hinkle said. “We are simply asking him to do so in this case. 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 marijuana that is completely legal.”
The Associated Press reported yesterday that Lockyer will not try to halt Kubby’s prosecution.
The Kubby’s are expected to plead “not guilty” at a preliminary hearing today to several related marijuana cultivated charges.
“I can’t think of anybody to whom Prop. 215 more directly applies than Steve Kubby,” said Robert Raich, an attorney for the Oakland Cannabis Buyers’ Cooperative. “He has a physician’s authorization and he was growing only for his and his wife’s personal medical use. Prop 215. was written to keep patients out of jail.”
Kubby placed fourth in the 1998 gubernatorial race, taking nearly one percent of the vote.
For more information, please contact either Litigation Director Tanya Kangas, Esq. or Allen St. Pierre of The NORML Foundation @ (202) 483-8751.