Steve Kubby, Prop 215 Author, Drafts New initiative to Decriminalize Marijuana

Steve Kubby, would-be freer of marijuana
Steve Kubby has earned his stripes: Before he was a Libertarian Party candidate for governor of California and President of the United States (and South Lake Tahoe City Council), Kubby was a model activist and poster child for the medical cannabis movement. The latter because he has lived with a rare form of adrenal cancer for over 40 years, thanks to medial marijuana, and the former for co-authoring Proposition 215.

Now, Kubby, 64, is circulating a proposed ballot initiative for 2012 that, he told SF Weekly on Monday, can not only succeed where Proposition 19 failed last November, but could lead toward a changed federal policy on marijuana.

Can you say, "No more CAMP helicopters?"

"We know what it takes, and we're completely serious," Kubby said Monday. "We wouldn't invest all this time and energy if we weren't confident that we could win."

Kubby's will not be the only ballot initiative for 2012 -- Santa Cruz activist Michael Jolson is circulating a "California Cannabis and Hemp Initiative," with a committee of activists that worked on the Prop. 19 campaign.

Yet "our initiative is very different," Kubby tells us.

For starters, read "The Marijuana Regulation and Tax Act of 2012" for yourself -- it's less than  1,000 words, which is no accident, Kubby said. Kubby purposefully wrote short -- Prop. 19 itself was 3,009 words, and "that's just too long," he said.

And Kubby isn't wasting one of his 953 words.

In the first paragraph, the Marijuana Regulation and Tax Act "repeal[s] all California state laws that prohibit marijuana possession, sales, transportation, production, processing, and cultivation by people 21 years of age and older, and thereby remove[s] marijuana from any other statutes pertaining to the prohibition and regulation of controlled substances, whether now existing or enacted in the future."

While specifically mentioning that rights enjoyed by medical patients under Prop. 215 will be untouched, the initiative also allows for Californians to be able to grow hemp -- currently the only commodity in America which is legal to buy, sell, import and export but not grow. It also uses commercial wine production as a model, exempting pot growers with 99 plants or fewer or 50 pounds of product a year or less from paying state or local taxes.

Kubby's bill also includes no new criminal penalties, another knock against Prop. 19 (which created a new crime for smoking in front of minors). No criminal penalties for pot smokers, that is.

Law enforcement gets special treatment in this bill: California cops would be prohibited from cooperating with federal DEA agents or other John Laws going after marijuana users.

That's radical -- but no more radical than the steps taken during the repeal of Prohibition. "We're not legalizing anything," Kubby noted. "We're just striking down the bad laws and turning over the expense -- the courts and all that stuff -- to the feds. We're getting that out of California -- and frankly I don't think the feds are in a position to take it over."

Exactly how this will play with the Prop. 19 folks and the money-makers who bankrolled them is unclear. A message for Steve Gutwillig, chair of the state Drug Policy Alliance (which funneled millions to the Prop. 19 effort, from the likes of George Soros and others), was not immediately returned. A spokeswoman for the Prop. 19 campaign did not immediately return an e-mail, either.

But Kubby says he's willing to play ball. "I'm not married to our initiative," he said. "If [other efforts] cover the same ground we cover, and poll at 60 percent or above, I will get on board."

Kubby says he's currently fundraising to pay for polls, with plans to have a finalized initiative in the hands of paid signature gatherers by the fall. The initiative would require 504,760 validated signatures by February 2012 to qualify for the November 2012 ballot.

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     Steve Kubby is pulling another Prop. 19.  The "Tax Cannabis Like Wine" initiative is another Trojan Horse, designed to fool people into believing him when he claims that his new initiative protects patients' rights under Prop. 215 "and its progeny."  It does not actually do so.         In fact, it makes Prop. 215 rights subservient to its new language -- if it passes.  It will make it illegal for anyone under 21 to use cannabis, even as medicine.  It will destroy the rights of people to legally open storefront dispensing collectives and distribute cannabis collectively on a not-for-profit basis, because those rights all come from Prop. 215 as interpreted by the 2008 A.G. Guidelines.     Kubby's claims about what this initiative will do are about as bogus as his claim to be the co-author of Prop. 215, which makes it sound like he and Dennis Peron put that baby together single-handedly.  I sure hope Dennis Peron, or Ryan Landers, or Dave Herrick, or any of the other people who worked so hard on Prop. 215, sees this article and posts a comment about Kubby's claims, too.  Time to set the record straight.    Bottom line: is Steve Kubby a trustworthy kind of guy?  Do your own Internet research and decide.


Sounds good at first blush. Will have to read it soon. MERP is really what is needed at the federal and international levels however as it completely takes Cannabis off the CSA.

Because Marijuana is Safer that Beer . . . How About We Start Treating It That Way?MERP HeadquartersThe Marijuana Re-Legalization Policy Project (MRPP)= "MERP"


2 cents-"It is time to legalize HEMP, which can be used for items ranging from paper products to carpets, from textiles to food oil, from construction material to paints. Industrial hemp has the potential as a substitute for wood in paper making and yields two-to-four times more pulp per acre under cultivation than do trees. Paper made from industrial hemp is stronger, able to be recycled more times and longer lasting than paper from trees. And, compared to wood, fewer chemicals are required to convert hemp into paper pulp.Hemp can be used as building material and can be used in place of plastic reducing our need for petroleum products. Hemp seed oil could be used for motor oil or as all-purpose lubricant.Lets join United Kingdom and Germany, who already recognize the benefits of industrial hemp.

Leonard Krivitsky, MD
Leonard Krivitsky, MD

Cannabis prohibition is doomed to failure, as it is based on a series of total "un-realities", which no amount of repression can make "real". Cannabis is NOT physically addictive as it lacks a documented physical withdrawal syndrome, the so-called "gateway drug theory discredited as invalid, much touted by the DEA drug Marinol is not at all the same as medicinal cannabis, smoking Cannabis does not increase the risk of lung cancer, and cannabis use suppresses violent behavior. These are REALITIES! To further say say that Cannabis plant does not have medicinal properties is simply delusional and is a complete "break" with "reality". If anti-Cannabis repression by the DEA and its allies were to be intensified, the rate of alcohol, cocaine, opiates, other hard drugs, alcohol, and dangerous prescription drugs would increase sharply. Neither the DEA, not its minions can make people perceive Cannabis as "unsafe", where is in reality it is quite safe, much safer than alcohol and other alternatives. With the rise of the use of alcohol/hard drugs, the amount of violence and mayhem in this society will also rise, something that every mother and wife should consider. The employment drug tests have a potential of "screening out" "Picassos", and Lady GaGa's, and Willie Nelsons, but letting people like Charlie Sheen and Mel Gibson slip through (if the employers are "lucky". And to say that Cannabis Plant does not have medicinal properties is simply delusional! Cannabis prohibition, as based on total scientific and philosophical "un-realities" can never succeed in the long run, it has a potential to do a great deal of damage to society, to exacerbate the Nation's hard drug, alcohol and violence problems, and it should be abolished ASAP!


Steve Kubby's initiative sounds much better than the badly-written Proposition 19. We need less criminalization, not more! I see no reason for California taxpayers to continue helping the Feds pay for a failed Drug War against a highly beneficial plant that's safer than alcohol, especially at a time when the state is deep in debt.

Ernst Berg
Ernst Berg

I am in Stanislaus county. I worked the California Cannabis Initiative,

If this give proper horticulture rights to "The People" then i am interested.

Unless people can grow extra plants for seed we cannot have seed savers and heirloom variety maintainers.If we leave saving the genetics up to industry then yesterday's genetics will become tomorrow's trash when the profit margin is gone for them. Rights to Cannabis must stem from rights for individuals and not that individuals have rights to buy a product to make someone money. Cannabis is a plant. It is not Wine or any other manufactured item.

We shall see if we are looking at half truths and 5x5 anti-freedom again.

Warning : anyone that drafts an initiative: that is cleaver BS we will kick it to the curb so don't waste our time trying to craft non-freedom and tell us it's Legalization like prop 19 did. It will be folks like me that will ring the bell and sound the alarm. I have experience in getting around blackouts and account deletions over free speech on prop 19 so i will be even harder to shut up next. Then Again I wasn't alone in seeing what crap prop 19 was.So if you are saying that we will be able to grow what we want as private citizens that is a start.

So what is it? Is there a draft? Are we invited to contribute?

Ernst Berg in Turlock CA. A seriously Red State County so I know what discrimination is like and I'm not willing to support an Initiative that continues

Forget about Drug policy and Industry focus on legalizing for people.. You know the ones that breath and have a pulse.. Forget non-living corporations this round.. let our legislators deal with drug policy and industry Free the people this time!


Absolutely true!  Kubby wants to create the same "commercial cannabis industry" as did Richard Lee et all with Prop. 19.   The only way to do that is to take away individuals' own rights to grow this stuff in their backyards and give it away like zucchini.  That's why PRop. 19, and Kubby's initiative, both focused on sneakily taking away Prop. 215 rights.

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