Overgrow the Government

An Interview with Steve Kubby

Steve Kubby, author of How To Grow Legal Medical Marijuana -- 2 CD set and The Politics of Consciousness, former publisher of Alpine World and Ski West, longtime marjuana activist, founder of the American Medical Marijuana Association, 28-year rare survivor of adrenal cancer, tireless fund raiser for Proposition 215 in California, 1998 gubernatorial candidate for the Libertarian Party, husband, father, and current political refugee in Canada from the U.S. War on Drugs, recently answered some questions from Gia Cosindas, Loompanics' Editor.

Loompanics Unlimited -- Were you involved in efforts to legalize marijuana prior to the discovery that you needed it medically to survive?

Steve Kubby -- No, I was too busy running an international ski magazine. Back then, I was a successful businessman, not an activist, who traveled via a private aircraft, as an official guest of governments.

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LU -- It appears that marijuana has a long history of being used medicinally, going all the way back to 2737 B.C. with the Chinese, yet it has only been since the 1970s that it has come into modern medical use. Do you think its relatively recent re-discovery was due to recreational use and people then noticing its therapeutic effect and bringing it into modern medical usage?

SK -- It was Robert Randall, the first federally recognized medical marijuana patient, who paved the way for the rest of us. In fa

Robert Randall has since passed away, but he wrote a book titled, Marijuana Rx. Great book!

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LU -- Having gone to a few sites that talk about some of the tests on medical marijuana that have been done, and the positive results they've had, I can't help but wonder if the AMA is behind some of the aggressive tactics being used against anyone connected with medical marijuana. After all, what possible benefit can there be in prosecuting sick people or those who help them unless there is a monetary benefit to be had on a large scale? If a drug could be available from a natural source and was actually quite inexpensive to produce it would cut into the profits of the drug companies significantly enough to make quashing the use and study of that natural substance, no matter the cost, money well spent. That would also explain why the feds supply such mediocre marijuana for the tests that do get done. If the herb the testing is done with is too weak to have any therapeutic effect, it would be easy to disprove any real benefit from marijuana on a medical basis. Any comment? What are your thoughts about the testing that is done or the lack of it?

SK -- First I'll comment on the conspiracy theory. Of course, there is a conspiracy to keep cannabis out of commercial viability, on all levels. Cannabis and hemp would revolutionize medicine, fuel, fiber, plastics, building material, clothes, food, and paper; the list is endless. Not only the pharmaceutical companies, but the petrochemical companies, and wood product companies are desperately opposed to a hemp/cannabis-based economy because then the little guy might actually be able to get ahead. In addition, all of these companies have a great relationship with the U.S. federal government, all the way back to 1937 when cannabis prohibition first began. So, yes, in answer to your musings about medical marijuana patients getting especially targeted, you are correct. They are.

The blatant money grubbing that goes on over getting grants for marijuana research is a study in scientific greed. Scientists consistently abandon the objective scientific approach necessary for unbiased results in order to appease the government, who is footing the bills. Most of the people running the studies can't replicate their results and often the results they get could be indicative of many other factors rather than cannabis being at fault. So far the best tests of the efficacy of marijuana are the results the patients are getting for themselves.

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LU -- It's probable that many medical breakthroughs have occurred because of coincidental discovery. Do you think the current attitudes regarding medical marijuana and its increased use in recent years are from more people discovering for themselves that marijuana helps a medical condition, doctors perhaps being reluctant to be too supportive because of risks to their professional lives?

SK -- I think age has much more to do with it. The average age of medical marijuana patients in the clubs is 50. Most baby-boomers are 50 now. Something happens to a person when they hit 50. Plus, most of the baby-boomers smoked pot. They are quite comfortable with the consequences of smoking pot and know that the government is out of control on this issue.

LU -- That makes perfect sense. And, of course, the older you get, the more likely you are to need medicating for a variety of age-related diseases. With so many people unable to afford medical insurance and pharmaceutical companies over the top on what they charge Americans compared with other countries, even Canada, it makes a wide-spectrum medication that can be self-produced very attractive.

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LU -- How did you discover that marijuana acted as a medication on your adrenal cancer?

SK -- My old college roommate, Cheech Marin, came by and we got high. I noticed the next day that my symptoms were strangely improved. Although I was skeptical, my daily log of blood pressure readings proved that cannabis was helping me, so I continued its use until I had weaned myself off of the pharmaceuticals.

LU -- How did your doctor feel about this?

SK -- Every doctor I mentioned this to either quickly changed the subject or would find ways to drop me, such as refusing to renew any of my pain medications. I could have an unlimited supply of any narcotics I wanted, until I started requesting advice regarding cannabis. Suddenly I was a drug addict in the eyes of my own physicians.

LU -- That bites! And I assume you've seen more than your share of doctors. Overall, what is your experience regarding their receptiveness to marijuana as a medical palliative and possible cure for some conditions?

SK -- I believe most of them trust that marijuana is good medicine, they just don't want to be the gatekeepers controlling who gets it and how much. For them, marijuana has not been properly tested through the system so they are unaware of the potential harm that cannabis could cause. They don't want to be sued, basically.

Of course, when the doctor understands that a person is at the end of their rope, they are open to anything that will bring relief.

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LU -- When did you first get involved with the movement to legalize marijuana in California?

SK -- Before my illness, I was completely unknown to the cannabis community. However, my book, The Politics of Consciousness, published in 1995, was a big hit with Timothy Leary and Terence McKenna and that led to my being introduced to people like Jack Herrer, Chris Conrad, Ed Rosenthal and Dennis Peron. That was when I started my involvement with medical marijuana.

LU -- For the benefit of our readers who aren't familiar with your background, what's the story with the bust in California that subsequently forced you to emigrate to Canada?

SK -- Our bust in California started with an anonymous letter being mailed to the Sheriff's department of Tahoe from LA; it is now believed by a number of people that law enforcement sent this letter. I was investigated while running for Governor in 1998, culminating in my arrest in 1999 for cultivation and sales. My wife and I were charged with 19 counts between the two of us. We spent $250,000, 2½ years, went through ten judges, three juries, and two sets of attorneys before we got a fair hearing. We won on the marijuana charges, but I was convicted of possessing ½ gram of a mushroom stem and four cactus buttons. We left California because the sentence imposed upon me would have put my life in danger over vegetable matter.

LU -- Finally you are able to medicate without fear of being arrested in Canada, but that hasn't been any easy road either. Would you give us a brief run through of the way events unfolded in B.C.?

SK -- In March of 2001, the Canadian Broadcasting Co., as well as many of the local papers, did an expose on the “pot refugees.” Local RCMP officers did not like the reputation their community was beginning to have because of the attention, so they turned in the refugees, myself included, to Canadian Immigration. On April 16th, we were arrested. In the process of arresting me for immigration, the RCMP stumbled onto my medical grow and promptly charged me for cultivation and sales. Since that time I have received an exemption from the Canadian government to grow my own medicine legally, had the criminal charges dropped, and have had my equipment and pot returned to me. Immigration is still working itself out.

LU -- You have won some measure of security for yourself in Canada, and no longer need fear the RCMP breathing down your neck ready to confiscate your plants, but do you see yourself as something of an anomaly or are other marijuana patients up north being given that same level of acceptance?

SK -- Because our case is educating many Canadians, medical marijuana is more accepted up here than ever before. Soon, even recreational users will have the freedom to toke up with Canada looking at decriminalization and the courts dismissing simple possession cases.

LU -- That is a much saner approach for the authorities to use. The U.S. would do well to borrow a page here from Canada's rule book. How would you contrast Canada's attitude toward both recreational users and medical users as opposed to that of the United States?

SK -- In Canada, the government actually respects that cannabis is a medicine. The federal government of the U.S. cannot accept cannabis for any reason or the complete failure of the War on Drugs will be self-evident and the game is over. Until cannabis is recognized as a medicine by the federal government the U.S., medical marijuana users will suffer.

Canada is unique in the world because it bases its basic rights on a twentieth- century document, the Charter of Rights. Included in this document is the admonition that every law passed must hold up to a reasonable standard of law. That means that if you can prove that a law violates any of your basic Charter Rights, it can be struck down. Contrast that to the U.S. where juries were supposed to have the right to strike down a law if it violated your Bill of Rights. In many states and certainly in federal court, what's called jury nullification is illegal. Americans are actually scared to death of being that responsible, but if they aren't, who is going to be? Because of this inability to take responsibility, cannabis users suffer. In Canada, the courts take on that responsibility, so it is much easier to prove that the laws against marijuana violate a person's very right to life, liberty, and security of person. This is the real difference.

LU -- Of course, then we get into situations with juries like the Ed Rosenthal case where the jurors felt misled by the judicial system and would not have convicted had they been allowed to hear the complete defense. More than that, they are speaking out against it. Perhaps something was learned from Peter McWilliams' death after all. We are now seeing at least the Ed Rosenthal jury taking a stand.

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LU -- Do you think the U.S. will apply pressure to Canada politically in order to get them more in line with U.S. drug policies? And in response, do you think Canada will blink and there will be some measure of success in this for the U.S.?

SK -- Of course, the U.S. is applying pressure, that is why even decriminalization hasn't happened up here yet. Already though, Canada is applying pressure back on the U.S. about illegal guns being produced and brought into Canada. The U.S. is losing its moral high ground very rapidly. A border closure at this point would not be good for business and business rules everything. War with Iraq would probably shut the borders down quicker.

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LU -- Do you think the persecution and prosecution of medical marijuana clinics and their patients in the U.S. by the federal government is actually helping combat the war on drugs simply because of its inhumane treatment of obviously sick people?

SK -- Absolutely. The raid on Valerie Corral was over the top and really made many people stop and think. Not many raids have happened since the Corral's raid.

Editor's Note: For those unfamiliar with the Valerie Corral raid, she and her husband Michael had founded the WoMen's Alliance for Medical Marijuana and lived on the property, a farming co-op, growing marijuana for members, all of whom had doctor's prescriptions. In early September 3, 2002, at 7 am, two dozen camo-clad DEA agents burst onto the scene, harassing a wheelchair bound woman who was staying there, confiscating 130 plants and arresting Valerie who was still in her pajamas. The plants were about seven feet tall and just a fews weeks from full bud (the most potent part of the plant). The 238 co-op members, about 80% of whom are terminally ill, were left with no source for the marijuana they use medicinally. The agents hadn't notified the Santa Cruz Sheriff's department of the raid, but were forced to call them in when about two dozen medical marijuana users blocked the road. The Corrals had operated completely within the statutes of California law, were completely in the open, and had been the subject of national media stories, knowing full well this might draw unwanted federal attention. While the feds may have wanted to make an example of them, their hard-handed tactics backfired when public opinion supported the Corrals. Prosecution of sick and dying people doesn't play well on the evening news and many people support marijuana's medical use.

LU -- Do you see the state of sick individuals who use medical marijuana and those that help them in California and other states where it is legal improving at all? Case in point, Ed Rosenthal?

SK -- I think Ed's case is a wonderful example of how the court of public opinion is changing things faster than we can imagine. After the kind of guilty verdict Ed received, he should have been instantly remanded to jail, but the judge refused that order by the prosecution. Public opinion is really changing things. The only way for this war to end is for the people to take back their rights and overgrow the government. Ed is a fighter and I have no doubt that he will prevail.

LU -- I think we can safely assume a continued assault on anyone connected to the legalization issue will continue. Will we see more people setting up spaces “underground” to grow marijuana for their own personal use, whether to medicate or for recreation?

SK -- Absolutely. The genie is out of the bottle. People want their medicine and the polls show that the public wants them to have it.

LU -- Are the methods for growing marijuana complicated or difficult, outside of the need to hide one's crop, or has technology only made it seem so compared to the past?

SK -- I always say, “Marijuana is easy to grow, if you do everything perfectly.” Even something as simple as the wrong kind of soil can kill your plants.

LU -- Well, what about your new CD set -- what makes it different than all the other growing information out there?

SK -- We go to the source for information. The experts that we interviewed have been in the cannabis business for 20 years or more. We also interviewed a variety of experts; most grow information features one person telling you what they know.

Never before have tried and true legal tactics been discussed. We give people options for negotiating through the legal maze if they have to go through that awful experience. We tell them how to avoid even getting to trial!

LU -- Well, that really covers the whole marijuana experience very completely..

SK -- In addition, the format is easy to digest. A book is difficult to visualize and a video is too much information in one long streaming clip to comprehend. With a short two to five minute video segment on each subject, a person can refer to the CD as they are setting up their grow or while they are encountering problems in the garden.

LU -- Sounds good!

SK -- We've already had a letter from a patient who said that the information on our CD saved their crop of medical marijuana from a nutrient deficiency death.

LU -- Your CD sounds like something that anyone with grow problems might find to be extremely useful.

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LU -- I still think that the War on Drugs is such a moneymaker for those involved in the mongering and with the added threat marijuana poses to the pharmaceutical companies, that we will continue to see harsh treatment for anyone involved with medical marijuana in this country for sometime to come. Since Ed Rosenthal was forbidden to even mention his connection to medical marijuana, the jury wasn't able to pass judgments based on all the information. This is a clear obstruction of justice, the same kind that kept Peter McWilliams from getting a fair trial. Do you really believe that we are experiencing the last desperate throes of a failed war?

SK -- Absolutely. I hope you've read the New York Times editorial blasting the Federal government for wasting time and resources harassing doctors and individuals like Ed? Once the media comes to our side, it is all over. The New York Times has given other media outlets the permission needed to start attacking the feds over their policy. So long as we can tell the whole truth of our stories, we will be victorious. It is when the truth is hidden and lied about that bad decisions are made.

Best thing to do is to overgrow the government!

LU -- Do you think there has been a lack of coverage on this issue by mainstream media in general, making it into a non-issue?

SK -- Of course, there has been an appalling lack of coverage and even misinformation from the mainstream media. The way the media reported the outcome of the Supreme Court ruling from the Oakland CBC case directly paved the way for the federal officials to come in and raid other clubs.

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LU -- In your book, The Politics of Consciousness, you were prescient in your ability to name some of the trends that have since occurred, specifically the compromising of the Bill of Rights, and loss of freedom, as well as the deterioration of the environment. What do you see coming up now?

SK -- The bloated carcass of the Industrial Age is crashing down around us, just as the Information Age is blossoming. Our best and brightest are unplugging from Babylon and escaping into digital sovereignty. The tax base is shrinking as prosperity shifts to cyberspace, to the bewilderment and anger of “brick and mortar” bureaucrats. Cannabis will replace booze and a long list of toxic pharmaceuticals, as citizens learn to grow their own medicine. The new battle cry will be, “Overgrow the government!” And why not? We're ready for a real revolution in this country and the right to grow your own seems like a good place to begin. Our fight is no more about marijuana than the Boston Tea Party was about tea. It's about freedom and a broken criminal justice system that refuses to obey the Constitution or the People.

LU -- ...and there you have it!


The Politics of Consciousness, by Steve Kubby can be found in the Drug section of our online catalog. His new CD set, How to Grow Legal Medical Marijuana is show-cased in the Spring Supplement, order number 85392, $29.95.

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