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Letter: Sick people should not fear government


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To the community,

When my friends and I wrote and passed The Compassionate Use Act, otherwise known as Proposition 215, we never, in our worst nightmares, could have imagined that 17 years after its historic passage, medical marijuana patients would still be living in fear.

Steve Kubby

Steve Kubby

During all those years I’ve seen countless sick people arrested, humiliated, bankrupted, indicted, prosecuted like common criminals, and sent off to prison for decades at a time, all over a healing herb. I’ve also seen the exhausted faces of patients who must endure long rides, sometimes through dangerous blizzard conditions, because they have run out of the strain of cannabis that works best for them and are forced to travel to the Bay Area to get their preferred strain of medicine and the real relief it provides for them.

Right now, here is South Lake Tahoe, there are sick people who live in constant fear that the city will come in unannounced, turn off their power, fine them $1,000 per day and leave them to die. They live in terror of low flying aircraft, especially helicopters, convinced that they are about to be discovered and evicted. They avoid going out into public and hide in their homes and apartments instead. Yes, they are horribly sick and living in fear each day.

You don’t ever see them, or hear from them, but I do. Some have obvious disabilities, others appear to be fine, but are in terrible pain and suffering. Most of all, however, they are in fear that enforcers from the city will find them, issue demands they can’t meet, shut off their power and destroy their lives.

Source: California Attorney General's Office

                   Source: California Attorney General’s Office

Regardless of how you or anyone else feels about marijuana, I think we can all agree that genuinely sick people do not deserve to live in daily fear of their city government.

Sadly, there are those who just don’t understand and choose to spread falsehoods instead. Don’t believe the nonsense about how our initiative “will result a pot store on every street corner.” It’s just phony propaganda by a small minority of opponents. Even the city attorney had to remove his comments about “Unlimited Dispensaries” and issue a new title and summary.

Only those who have been residents for over a year in South Lake Tahoe can qualify to operate a dispensary. And the City Council retains the right to ban signage or ban new dispensaries after six months. So don’t buy into the hype and propaganda that people are making up about this compassionate attempt to provide safe access for patients who genuinely need this extraordinary medicine.

In order to protect dispensaries, we also created a clause about making it a crime to conspire with federal authorities to violate state medical marijuana laws. The city attorney balked at approving this clause, alleging that this is an illegal attempt to prohibit the police from enforcing marijuana laws, but we are firmly convinced that it is just the opposite and our initiative is intended to force police to uphold our state medical marijuana laws instead. We know that 99 percent of the federal raids on dispensaries begin with some local official or officer contacting the DEA and telling them that their local government or police have been unable to legally ban or evict certain dispensaries. So from our perspective, it is vital that we have a clause that upholds state medical marijuana laws, by making it a crime to conspire with federal agents intent upon violating state laws.

On Monday, I spoke with the city attorney about our objections to the title and summary he issued which included allegations such as “prohibits police from enforcing marijuana laws” and “allows for unlimited dispensaries.” After a frank exchange of views, the city attorney then issued a second title and summary Dec. 9 that removed these fraudulent claims about our initiative.

Of course, there are those who will assert that dispensaries will mean more weed ending up in the hands of kids. That is certainly the claim that the drug czar, Barry McCaffrey, made after the passage of Prop. 215. These are the haters and bigots who want us to believe that throwing kids caught with wee into a jail cell with sexual predators and hardened criminals is the answer to our drug problems.

Now, more than 17 years after the passage of California’s Prop. 215, a considerable body of data exists on teen use of weed and the evidence is clear. No state with a medical marijuana law has experienced an overall increase in youth marijuana use since the law’s enactment. All have reported overall decreases — in some cases exceeding 50 percent in specific age groups — strongly suggesting that the enactment of state medical marijuana laws does not increase teen marijuana use. See details here.

So don’t pay attention to the vocal minority who oppose us and try to paint medical marijuana as some sort of fringe issue. The fact is that every national poll done, including by Fox News, shows 80 percent support for medical marijuana. Here in South Lake Tahoe, voters supported legalization in 2010 with a whopping 58 percent “yes” and a pathetic 42 percent “no”.

The time has come to ignore those who tell you that South Lake Tahoe doesn’t want medical marijuana in our community because this town clearly supports the medical use of cannabis and we have the polls to prove it.

Watch and you will see that those who oppose medical marijuana have no real arguments and must rely instead upon personal attacks against me instead.

With this in mind, my team and I will begin collecting signatures this week, in order to give voters a chance to stop the city from threatening sick people and protect them instead.

Steve Kubby, South Lake Tahoe

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Comments

Comments (59)
  1. tahoe Pizza Eater says - Posted: December 11, 2013

    I read your initiative and as I recall it, It allows medical marijuana dispensaries in residential homes, and it prohibits the city from requiring a business license. The initiative does allow persons smoking marijuana at a dispensary, and prohibits the city from acting to prevent the odor from this smoking. As for signs, the city may act to control signs, but then again, the city may decide not to control signs. So, if I understand your initiative correctly, we homeowners could be subjected to dispensaries beside our homes in our neighborhoods, marijuana smoke odor coming out of these dispensaries, and signs posted in front of these dispensaries. I think you need to address some problems that may arise. 1, Don’t allow these dispensaries in residential zones. 2, Don’t allow for the possibility of great odor due to excessive smoking at these dispensaries. 3, Limit the number of dispensaries according to the city population, only one dispensary for every 5,000 persons living in South Lake Tahoe. If you can’t comply with all of these conditions I’ve described here, I vote NO ! Enjoy the election night Mr. Kubby.

  2. Steve Kubby says - Posted: December 11, 2013

    Relax Pizza Eater. There is nothing in our initiative that authorizes dispensaries in residential homes. Our initiative only prohibits special zoning that targets patients or dispensaires AND violates state medical marijuana laws. The fact is that any attempt to establish a dispensary in a residential area is a direct violation of general zoning laws and would not be protected by our initiative.

  3. tahoe Pizza Eater says - Posted: December 11, 2013

    Steve : Okay. What about the other two issues I’m concerned about. We are a small city that shouldn’t become the marijuana hub of the mountains. You need some competition in pricing. This is to prevent one dispensary from price gouging their customers. This means one dispensary is not enough, while more than four may be excessive. What about limiting the number of dispensaries. You don’t address my odor concerns. You could have several people whom want marijuana for recreational use, going to dispensaries, lighting up, and the city cannot touch them, or stop the odor. How would you like to run a business beside that? What’s up with that Steve ?

  4. Steve Kubby says - Posted: December 11, 2013

    Once again, there is nothing in our initiative that authorizes dispensaries to violate general zoning and/or laws regarding public nuisance. Our concern is special zoning and laws that are created to unfairly target dispensaries and patients. If you are a business and you find yourself next to a dispensary that is emitting any odors that you or your customers find offensive, then you have all the standard legal option available to you that will remedy the situation.

  5. Steve Kubby says - Posted: December 11, 2013

    Pizza Eater wants me to set a specific limit on how many dispensaries can be created in the first six months that the city cannot ban new operations. However, I would argue that South Lake Tahoe has some of the smartest and most creative geniuses on the planet. Face it, you’ve got to be pretty sharp to earn a living up here. Why limit all that genius? I am convinced that the residents of this city can create new and better models for dispensary operation that set a new standard for the rest of the world. Remember, only those who have been residents for a year will be eligible to start a new dispensary and only for the next six months. After that the city can regulate or ban any new dispensaries.

  6. Bob says - Posted: December 11, 2013

    Wasn’t there an article yesterday stating an increase in marijuana use at STHS? “Alcohol is not the drug of choice, it’s marijuana,” Dennis Sarosik, STHS vice principal, said.

  7. Kathy says - Posted: December 11, 2013

    I am with Steve all the way ,I will sign, I have many friends that depend on this, They are MS patients, cancer patients, and its about time we need to vote on it, I for one that agrees with Steve ,to many people in Jail and prisons,for medicine people need, its a lot better then pill popping,Its safer, and never heard anyone over dose yet,or hurt on it, Lets stand by Steve and go for it,I have been to the dispensaries no smell out side what so ever,

  8. Dean says - Posted: December 11, 2013

    I have no problem with medical marijuana, but as with everything, people found a way around that by getting unethical doctor’s to give them medical marijuana cards. I’m also sick of the smell of pot growing in my neighborhood. Tahoe just isn’t that big that it needs a bunch of dispensaries.

  9. Kathy says - Posted: December 11, 2013

    When you get a Medical card , You must have a Medical report from your Dr, to get approved,DO Doctors lie? Its a win win situation, Pot will always be around, Yes there should be a limit amount to grow in in Lake Tahoe, But do have it in A area where there is no one else living close by, Its just everywhere ,and it should not disturb others, But it does help a lot of people that need it, Just my thoughts , There is so much about this subject, and it just needs to be legal, and get it over with ,Its out there and and easy to get, Its time to just say LEGALIZE IT,

  10. tahoe Pizza Eater says - Posted: December 11, 2013

    Steve : We have a good discussion here. I’m familiar with Cal Penal Code 370, public nuisance law. I have been effected by a public nuisance. Citizens placed “No Parking” signs near their homes beside the street. They used intimidation (and a threat of a parking ticket) to reserve parking on the street for their own personal use. Because they are acting to prevent the customary use of parking on a city street, the signs violate public nuisance law. The police refused to take action against these people or their signs. My point is that here in SLT the police don’t always enforce public nuisance law. I don’t want to place my phone number here. Can I get in touch with you some other way?

  11. Biggerpicture says - Posted: December 11, 2013

    Hopefully California gets it’s act together and flat out legalizes marijuana in the 2014 election. Then most of this discussion will be a moot point.

  12. Steve Kubby says - Posted: December 11, 2013

    There is not enough time left for any legalization initiative to obtain the 850,000 signatures required for a successful shot at the 2014 California General Election. From here on out, signature prices will balloon to as much as $4 per sig. All the major players and funders have already decided to wait until 2016. Hence, it is critical that we protect patients NOW and not force them to live in fear for another two years.

    Today we filed our new Title and Summary with the City Clerk and are now cleared to begin collecting signatures.

    Here is the text that was refiled today:

    INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO VOTERS

    The City of South Lake Tahoe (“City”) City Attorney has prepared the following title and summary of the chief purposes and points of the proposed initiative measure.

    TITLE

    AN INITIATIVE REPEALING REGULATIONS ON MEDICAL MARIJUANA, ALLOWING MEDICAL MARIJUANA DISPENSARIES AND PROHIBITING POLICE ENFORCEMENT AGAINST MEDICAL MARIJUANA.

    SUMMARY

    The City Council adopted Ordinance No. 1032, which regulates residential cultivation of medical marijuana and marijuana dispensaries. Cultivation must not create a public nuisance, such as odor, noise, mold, mildew, dust, glare, smoke, traffic, parking, or other neighborhood impacts and current ordinances limit the number of dispensaries.

    If enacted, this initiative would change the City Code as follows:

    1. Police are prohibited from arresting anyone over 21 for any medical marijuana-related offense which is protected by this Act. Prohibits civil or criminal prosecution retroactively for any medical marijuana related offense which is protected by this Act.

    2. The City is prohibited from banning or limiting the number of collectives, dispensaries, or delivery services operating within the City. Dispensary owners or operators must have been legal residents of the City of South Lake Tahoe for at least one year, prior to starting or operating a dispensary.

    3. Property owners may restrict medical marijuana cultivation in rental properties only if it is clearly stated in the rental agreement.

    4. Dispensaries may provide medical marijuana users with physician recommendation letters with marijuana, regardless of what state or country the medical marijuana user is from.

    5. No fees, regulations, or local or county zoning requirements may be enacted to defeat the purposes of this initiative. No business licenses, fees, permits or taxes shall be imposed on medical marijuana users.

    6. City officials, police and employees are prohibited from cooperating with federal, state, or county officials in order to eradicate medical marijuana. State and local agencies are prohibited from contracting to eradicate medial marijuana cultivated under this initiative. Violation by any law enforcement official of this provision is a misdemeanor, punishable by fine and up to one year in prison.

    7. Any property or dwelling found to be emitting cultivation odors will requiring odor suppression. Noncompliance may result in fines up to $50 per day. Odor from smoking marijuana shall not be a violation.

    8. Medical marijuana users may grow 6 outdoor or 12 indoor mature flowering plants per person, not to exceed 12 outdoor or 24 indoor plants per household.

    9. This initiative allows for more plants than the authorized limit upon a physician’s written recommendation stating the medical marijuana user needs more medical marijuana than the initiative allows grown.

    10. Medical marijuana users shall be allowed to transfer their marijuana to other medical marijuana users or collectives and to be paid.

    11. Medical marijuana users may smoke or ingest marijuana on the premises of dispensaries.

    12. Any ordinance in conflict with this initiative is repealed.

  13. rock4tahoe says - Posted: December 11, 2013

    So Steve, are you a Doctor? Or, do you just want so called herbal remedies made legal? Cannibis has something like 2000 chemicals placed in the body when smoked and as far as I can see, the “evidence” for medical use and adiction has equal pro and con arguments. So, it simply comes down to, do South Lake Tahoe residents really want “medical pot” to go along with other available legal meds plus gambling to boot via unlimited numbers of collectives, growers or dispensers? Is this a “good” vision for our town? I don’t think it is. And I certainly do NOT agree with your unregulated petition that basically tells the police and city to lay off.

  14. John A says - Posted: December 11, 2013

    I’de be the first one to defend citizens rights to do as they please as long as it doesn’t affect others around them. And to add, I had a very colorful past which makes me no angel. But with that – I definitely know that marajauna does lead to much harder drugs.
    In very recent years I have seen so much effort for more and more legal rights for everyone to smoke dope.
    Everyone has marajuana cards, some doctors have gone to the dark side for the money to provide them, and many homes around Tahoe have been destroyed by growers that rent, grow and destroy the homes with no consequences. The out of town homeowners realize paying for tens of thousands to repair the damages enough to sell. The growers make profits and go free.
    I personally have had too many problems in the past with “stoned” subcontractors and employees in the construction business. They show for work stoned, destroy what they’re working on and expect to be payed for doing so.
    Going up a chair lift or gondola it’s common place to experience multiple people getting loaded before the run, or on the steps of the resort restaurant, or with the tailgate open in the parking lot. Can’t anyone enjoy sports and outdoors at Tahoe without being stoned anymore ? How many people are stoned to death while we’re driving along side them on the roads up here ?
    Medical Marajuana has a true specific place in todays pain management. But it’s a very small population of people who really need that relief.
    I think it’s time for the local law enforcement to stomp down on this excessive dope smoking behavior !
    Some of us are really fed up with it.

  15. Dogula says - Posted: December 11, 2013

    If you say you believe in liberty, “BUT”, You don’t believe in liberty.

  16. Level says - Posted: December 11, 2013

    Well John A, those of us that you might consider excessive dope smokers have been fed up with excessive tobacco and alcohol users that account for roughly 500,000 deaths per year due to the physiological effects of the use of those two substances. And that is just in the US, EVERY year.

    Yet our recreational use of marijuana account for ZERO deaths due to the physiological effects of the use of our drug of choice. And don’t kid yourself, alcohol, tobacco, and caffeine are every bit a drug as well.

  17. cosa pescado says - Posted: December 11, 2013

    “If you say you believe in liberty, “BUT”, You don’t believe in liberty.”
    Says the person who wants to force the consequences of their religion on others through the use of government. Come on lady give it up. Do you even think about what you type?
    So, I can violate your right to liberty in the name of limitless liberty?
    Did you think that statement through at all?

  18. John A says - Posted: December 11, 2013

    Level,
    You’re using the typcial cop-out that every dope smoker comes up with.
    I really don’t think dopers really give a darn about alcoholics, tobacco smokers and statistics. They just wanna get stoned…….
    They typically believe they have a vested right to light up a bowl anywhere and everywhere. And if someone questions that – they produce a medical card that some phony doctor gave them.
    I’m taking about dopers not legitimate cancer patients on chemo therapy with a genuine need for marajuana.
    What you do in the privacy of your own home is your business. Smoking dope in public or while driving or on the job is everyone elses business.
    There comes a time as an adult when we need to grow-up and realize it’s not becoming of us to be stoned for every occasion.

  19. Steve Kubby says - Posted: December 12, 2013

    Here is the full and complete version of our medical marijuana initiative. Read the actual initiative and see for yourself what reasonable and limited program we are proposing:

    The South Lake Tahoe

    Medical Marijuana Ordinance

    The People of the City of South Lake Tahoe, California, do enact as follows:

    Section A. Purpose and Finding

    Whereas the City of South Lake Tahoe City Council has passed a cultivation ordinance that threatens the health and safety of patients with $1,000 per day fines, shut off of electrical power, publicly publishing the names of bona fide patients who are growing and authorizes unconstitutional entry into private homes without search warrants.

    Whereas the City Council requires patients and landlords to provide public documents that they are growing marijuana, when such acts are still in direct violation of federal law, thereby compelling patients to waive their Fifth Amendment right not to incriminate themselves and denying the patients and caregivers access to the immunity laws.

    Whereas the City Council has demonstrated a pattern and practice of opposing rights of medical marijuana patients, already granted to them by state law.

    Whereas the City Council has shut down all but one dispensary and opposes the licensing of any new dispensaries.

    And whereas the voters of South Lake Tahoe voted heavily in favor of full legalization, with 58% voting “yes” and only 42% voting “no” on Prop. 19, the 2012 initiative to legalize pot.

    It is the Finding of The People of the City of South Lake Tahoe that the City Council has failed to uphold the will of the voters, protect the health and safety of bona fide patients, and to deal effectively with the marijuana odor issue.

    Section B. Orders

    (1) Odor from the cultivation of marijuana is hereby deemed a serious problem within our city and any complaint of odor issues should be investigated and acted upon.

    (2) Any property or dwelling which is found to be emitting marijuana cultivation odors should be tagged on the front door or gate, with a notice that odor has been detected, and the city requests appropriate actions be taken within 72 hours to remove or sufficiently suppress the odor, such as the purchase of a charcoal filter unit specifically designed to remove odors from cannabis gardens.

    (3) Any property or dwelling which is found to be emitting marijuana cultivation odors 72 hours after being tagged can be fined up to $50 per day until the odor is removed. Odor from the smoking of marijuana shall not be cause for any action.

    (4) Adults 21 years and older, who are bona fide medical marijuana patients, may produce up to 6 mature outdoor flowering plants, or up to 12 mature indoor flowering plants per person; or a total number of plants cultivated per household not to exceed 12 mature flowering plants outdoors or 24 plants indoors. The cultivation shall take place in an indoor or outdoor space or area not visible from a public street or sidewalk.

    (5) No taxes, fees, laws, rules, regulations, zones, local city or county zoning requirements may be adopted or enacted to defeat, deny, or prohibit the purposes of this Act, or to defeat, deny, or prohibit adult medical marijuana patients, 21 or older or from engaging in the activities authorized and protected by this Act, unless passed by the state or local voters.

    (6) Nothing in this section shall prevent a property owner from prohibiting marijuana cultivation on their property or conduct that damages their property, so long as that is clearly stated in their rental agreement or lease.

    (7) This Act repeals, preempts and nullifies any and all conflicting local regulations, but allows for a greater number of plants than authorized by this measure, if a physician has written a letter or recommendation that states that these limits are insufficient for their patient.

    (8) No special regulations, taxes, permits or fees shall be enacted or imposed upon growing or providing marijuana for qualifying patients or their caregivers.

    (9) Elected, appointed, hired employees, officers, and officials of the City of South Lake Tahoe shall not directly or indirectly cooperate with or assist federal, state, or county officers or officials, volunteers, or employees who eradicate marijuana, act for seizure or forfeiture, or demand entry without a warrant or to defeat any liberally construed purpose of this Act, nor may any state or local agency contract to eradicate marijuana that is being grown, manufactured or stored under the provisions of this Act. Knock and talk shall be the first act taken by the above officers/employees. Violation of this clause shall be a misdemeanor, punishable by fine and up to one year in prison.

    (10) The City of South Lake Tahoe is ordered to protect and defend all provisions of this Act from any and all challenges or litigation, whether by persons, officials, cities, counties, the state or federal governments.

    (11) South Lake Tahoe City Police are hereby enjoined from arresting anyone age 21 or older for any marijuana related offense, which is protected by this Act.

    (12) This Act shall become effective immediately upon passage and may be applied retroactively to protect patients or caregivers from civil or criminal prosecution.

    (13) Patients and caregivers shall have the right to transfer their marijuana to other patients or collectives and be paid a remuneration for their out of pocket expenses, and salaries for their time.

    (14) The City of South Lake Tahoe shall require that all dispensary owners and operators prove they have been legal residents of South Lake Tahoe for at least one year, prior to starting or operating a dispensary. The City shall also have the power to regulate or even ban any signage by dispensaries and to ban the location of any dispensary within 1,000 feet of a public school. However, the City of South Lake Tahoe is hereby enjoined from limiting the creation and operation of any new medical marijuana collectives, dispensaries or delivery services operating within the City for six months after the passage of this ordinance.

    (15) Dispensaries, cooperatives and collectives operating within the City of South Lake Tahoe shall not be required to obtain business licenses, since officials have abused licensing requirements to unfairly restrict or ban medical marijuana distribution.

    (16) Patients shall be allowed to medicate within the premises of dispensaries, cooperatives or collectives or any location in which smoking is permitted.

    (17) As authorized by 11362.5 and 11362.7 of California’s Health and Safety code, operators and patient members of dispensaries, cooperatives and collectives operating within the City of South Lake Tahoe shall be authorized to dispense medical cannabis to patients with physician recommendation letters, regardless of what state or country bona fide patients are from.

    Section C. Severability

    If any of the provisions of this Act, or any part thereof, is for any reason held to be invalid or unconstitutional, the remaining provisions shall not be affected, but shall remain in full force and effect, and to this end the provisions of this Act are severable.

  20. Level says - Posted: December 12, 2013

    “Level,
    You’re using the typical cop-out that every dope smoker comes up with.”

    John A, do you mean the “cop out” I actually used facts to argue, whereas you reply with nothing but opinions and generalizations?

  21. Dogula says - Posted: December 12, 2013

    Fish, you continue to put words in other people’s mouths that were never there in the first place. That is the WORST kind of dishonesty. If you don’t have an actual point to make, just shut the heck up. You are making a fool of yourself.

  22. Moral Hazard says - Posted: December 12, 2013

    How many house fires have there been in SLT because of growing?

  23. Dogula says - Posted: December 12, 2013

    @Hazard: Actually, probably not as many fires as have been caused by dummies leaving buckets of hot ashes on their decks. Sad to say.

  24. A.B. says - Posted: December 12, 2013

    Sorry Steve, but some of the scariest words in the English language are…

    We’re from the government, and we’re here to help.

  25. rock4tahoe says - Posted: December 12, 2013

    Sorry AB, but the scariest words in the English language are, there is no Government and we are here for you’re Wife and kids.

  26. cosa pescado says - Posted: December 12, 2013

    “Fish, you continue to put words in other people’s mouths that were never there in the first place.”

    Coming from you, that statement is highly ironic.

    You didn’t think about the logical ramifications of your comment. And are back tracking and trying to find a way out.
    Liberty, free will, and ethics are discussions that require a level of contemplation that you are unwilling or unable to be involved in.

    Where exactly did I ‘put words in your mouth’?
    Your reading comprehension is elementary.

  27. observer says - Posted: December 13, 2013

    Pescado-
    While I really appreciate your thoughts and rhetoric….

    Save your brain re Dog. You have one, they do not. There is no way to communicate with people who rely on religious tenets to guide them.

  28. John A says - Posted: December 13, 2013

    A recent study of marijuana users who began using in adolescence revealed a profound deficit in connections between brain areas responsible for learning and memory. And a large prospective study (following individuals across time) showed that people who began smoking marijuana heavily in their teens lost as much as 8 points in IQ between age 13 and age 38; importantly, the lost cognitive abilities were not restored in those who quit smoking marijuana as adults.

    Well, that certainly explains it …..

  29. cosa pescado says - Posted: December 13, 2013

    Links to study please.
    I know there are more than a few studies out there with results that seem troubling, but had flawed protocols and small sample sizes.

    You can’t just say ‘a recent study’ and not name the journal or link to it.

    This article is titled:
    ‘Marijuana IQ Study Successfully Defended by Scientists’
    http://www.cadca.org/resources/detail/marijuana-iq-study-successfully-defended-scientists

    Read the very brief article, and point out where it was ‘successfully defended’.
    Then look at the source.
    It really makes the anti drug people look dumb. Which in this case is ironic.
    Unlike religion, marijuana doesn’t lead one to deny science. I propose that heavy bible use is more intellectually harmful that marijuana.
    So to be safe, don’t read the bible when high.
    That’s science.

  30. cosa pescado says - Posted: December 17, 2013

    ^^^^
    LOL! @ your source.

  31. Steve Kubby says - Posted: December 18, 2013

    Our Medical MJ Initiative team has already started gathering signatures. The response has been fantastic and only a handful of people seem opposed.

  32. Weston Mickey says - Posted: December 18, 2013

    Our Medical MJ Initiative team will be gathering signatures today at Grocery Outlet and K-Mart.

  33. rock4tahoe says - Posted: December 18, 2013

    You won’t get my signature to put Growers, Dispensers and Card Holders from Quack Docs in charge of my neighborhood.

  34. Steve Kubby says - Posted: December 22, 2013

    Thanks to the awesome job by our volunteers, we are ahead of schedule for gathering signatures. Things are going so well, we’ve decided on taking a break from petitioning to celebrate the holidays and spend time with our families. Signature gathering for the SLT Med MJ Initiative will start up again on January 6th. Happy holidays everyone!

  35. Tom Bailey says - Posted: December 22, 2013

    Only a heartless politician would deny sufffering people relief.

  36. Michael Pickens says - Posted: December 22, 2013

    Anyone who tries to criminalize and punish peaceful people should themselves be punished.

    As long as someone does not hurt another they shouldn’t be fined, jailed, punished, ect. I smoke marijuana on a daily basis and I am an author, business owner, and I run a statewide political party. Marijuana enhances my creativity and ability to solve complex problems.

    Alcohol prohibition didn’t work and neither does any other prohibition.

  37. Lee Eisenstein says - Posted: December 22, 2013

    Bravo, Mr. Kubby. Well said.

  38. J T Davis says - Posted: December 24, 2013

    Oh Steve, here we go again. I thought by now you would be Canada’s headache, but I see you are still ours. Your recent poly to once again try and create and pass an initiative that is more or less calling for unrestricted, and unregulated marijuana sales, use, and cultivation, just to name a few. I stand by my previous comments, we don’t want this in our community and I am strongly opposed to the notion that telling our community and our youth, its ok to get high.

    I can sympathize with the legitimate medical marijuana patients, but as you have continued to prove over and over again, you are out for one person and that’s Steve Kubby. This current ploy further proves your agenda. As I recall the City Council worth tirelessly to draft and crate an ordinance that the vast majority of medical patients agreed with. I attended many of these meetings and I don’t recall seeing you at any of them.

    Let me remind you, of the three collectives we had, two of the collective owners were arrested on drug/fraud charges and their operations were ultimately closed down. Does their illegal behavior not harm the quote “bon a fide” patients, who are actually struggling?

    Below are just a few examples of how this joke of a proposed initiative is just that a joke. I do recall you have tried to pass similar initiates in the past and were unsuccessful. Just so I’m not making things up, below are line items listed from your proposed initiative and from what I’m reading, you are calling for limiting regulations, and that the playing field not be leveled but slanted in your favor. Marijuana will not save this city, and I don’t want it saved by dope and drug money. There is a capitalistic spirit that continues to grow in this community and that’s no thanks to you.

    1.Police are prohibited from arresting anyone over 21 for any medical marijuana-related offense which is protected by this Act. Prohibits civil or criminal prosecution retroactively for any medical marijuana related offense which is protected by this Act.
    -Does this include DUI related offences and selling marijuana to other individuals and/or juveniles?

    2.The City is prohibited from banning or limiting the number of collectives, dispensaries, or delivery services operating within the City. Dispensary owners or operators must have been legal residents of the City of South Lake Tahoe for at least one year, prior to starting or operating a dispensary.
    -Does this mean we will have multiple collectives in a town of approximately 17,000 people. Are we going to have collectives in our neighborhoods, where individuals can come at any time to buy, sell, or smoke marijuana? I don’t want this activity taking place next to house or in my neighborhood. I refuse to subject my children to this garbage. You state the City will be prohibited from banning or limiting the number of dispensaries within the city, so that tells me you support a free for all.

    3.Property owners may restrict medical marijuana cultivation in rental properties only if it is clearly stated in the rental agreement.
    -What property owner, in their right mind you let someone grow marijuana in their residence knowing the potential problems and damage it would cause!

    5. No fees, regulations, or local or county zoning requirements may be enacted to defeat the purposes of this initiative. No business licenses, fees, permits or taxes shall be imposed on medical marijuana users.
    -If this is a “legitimate” business, then why are they exempt from having to pay fees and follow regulations as other business have to. Why would a fee be imposed on a user? Once again, if this is a legitimate business, they must obtain a business license and operate just as every other business in town does, why the special treatment and an attempt to try and make them immune from what everyone else has to follow?

    6. City officials, police and employees are prohibited from cooperating with federal, state, or county officials in order to eradicate medical marijuana. State and local agencies are prohibited from contracting to eradicate medical marijuana cultivated under this initiative. Violation by any law enforcement official of this provision is a misdemeanor, punishable by fine and up to one year in prison.
    -You have no right to tell the City or law enforcement what they can and can’t do. Your arrogance has surpassed you that you think toy are going to charge public officials with a crime if they cooperate with any outside law enforcement agency. Must me some good medicine your smoking there.

    9. This initiative allows for more plants than the authorized limit upon a physician’s written recommendation stating the medical marijuana user needs more medical marijuana than the initiative allows grown.
    -Doesn’t Prop 215 prohibit this? What’s the purpose of having a physician at all? This is for more than personal use.

    10. Medical marijuana users shall be allowed to transfer their marijuana to other medical marijuana users or collectives and to be paid.
    -I’m sure all users will follow this one, just ask anyone, no one ever violates the law. Marijuana use and sales is at an all-time high do to “medical marijuana” and its easy accessibility. Read the recent study on the front of this paper about marijuana use rising among high school students.

    These are just a few examples of how your ego and arrogance never ceases to amaze me. You are not about taking care of legitimate patients, you are about your agenda to have marijuana fully legalized and readily available with limited restrictions, regulations and without consequence. In your latest video, you claim to be some type of a hero, you sir are no hero. The true heroes are those who serve and dedicate their lives to helping others and their communities without recognition or fanfare.

    I’m sure after you read this, you are going to run to my boss as you always do and state I’m somehow threatening or intimidating you. I have done neither of those, all I have done is simply expressed my distaste for your arrogance and your smoke and mirrors campaign to benefit your agenda. I’m a big boy Steve, you can talk to me.

    Lastly, a few years ago, you stated I accused you of smoking 12 joints a day, and that I classify you as a pot head. Steve, watch your YouTube video The Steve Kubby Story Part 1, you light up your Kubby special and the narrator states you smoke 12 per day. Then on the new video, you again light up your “standard Kubby joint” and smoke it on camera as you smile and puff way. See link http://www.pot.tv/video/2013/12/11/Kubby-TV-59-If-you-dont-Marijuana-youre-not-going-Future

    I will continue to oppose you and your agenda because I have a vested interest in this community I call home and have since I was born. You are a fly by night carpet bagger who has tried to make Lake Tahoe your marijuana test tube.

    What about our rights, to live in a community free of endless marijuana smoke and endless collectives where people are smoking at will and then getting on our roads putting others at risk? I don’t want it in my neighborhood, or having my kids exposed to it and having to smell it all the time. I guess I one of those “conservative rednecks” as you labeled us in your recent youtube piece!!!

  39. Steve Kubby says - Posted: December 24, 2013

    Don’t be conned by a small minority of reefer maniacs who make stuff up and launch personal attacks rather than deal in facts. Here are the facts:

    –There is nothing in our initiative that authorizes unlimited dispensaries, or dispensaries in residential homes. Our initiative only prohibits special zoning that targets patients or dispensaries AND violates state medical marijuana laws. The fact is that any attempt to establish a dispensary in a residential area is already a direct violation of general zoning laws and would not be protected by our initiative.

    –There is nothing in our initiative that authorizes dispensaries to violate general zoning and/or laws regarding public nuisance. Our concern is special zoning and laws that are created to unfairly target dispensaries and patients. If you are a business and you find yourself next to a dispensary that is emitting any odors that you or your customers find offensive, then you have all the standard legal option available to you that will remedy the situation.

    –There is nothing in our initiative that prohibits police from enforcing state marijuana laws. Everything in our initiative is based upon existing state laws. We believe that the SLTPD is already doing a great job of respecting state medical marijuana laws and that it is other city officials who are the threat. Out initiative is intended to block the subversion and violation of the state medical marijuana laws by those in city government who resort to conspiracy and/or outright violation of these laws.

    –There are some who want me to set a specific limit on how many dispensaries can be created in the first six months that the city cannot ban new operations. However, I would argue that South Lake Tahoe has some of the smartest and most creative geniuses on the planet. Face it, you’ve got to be pretty sharp to earn a living up here. Why limit all that genius? I am convinced that the residents of this city can create new and better models for dispensary operation that set a new standard for the rest of the world. Remember, only those who have been residents for a year will be eligible to start a new dispensary and only for the next six months. After that the city can regulate or ban any new dispensaries.

    –The city actually gains a new legal tool from our initiative and that is the power to prohibit ANY signage for a dispensary, other than the physical address. That means that no matter how many dispensaries are operating, their presence will be invisible to the community.

    –Right now, here is South Lake Tahoe, there are sick people who live in constant fear that the city will come in unannounced, turn off their power, fine them $1,000 per day and leave them to die. They live in terror of low flying aircraft, especially helicopters, convinced that they are about to be discovered and evicted. They avoid going out into public and hide in their homes and apartments instead. Yes, they are horribly sick and living in fear each day. You don’t ever see them, or hear from them, but I do. Some have obvious disabilities, others appear to be fine, but are in terrible pain and suffering. Most of all, however, they are in fear that enforcers from the city will find them, issue demands they can’t meet, shut off their power and destroy their lives.

    Regardless of how you or anyone else feels about marijuana, I hope we can all agree that genuinely sick people do not deserve to live in daily fear of their city government.

  40. rock4tahoe says - Posted: December 26, 2013

    The only “con” is you Steve.

  41. James M. Ray says - Posted: December 27, 2013

    In FL we’re gathering signatures for a MUCH lesser item (that’s still being accused of “going too far” despite not even allowing patients to grow medicine. Your state is lucky to have Steve Kubby.

  42. Lee Eisenstein says - Posted: December 27, 2013

    Posted as an aside.

    Knowledge about the endocannabinoidal system, (present in all mammals), should be encouraged, especially among canna-phobes.

    Then, imho, it’s easier for them to understand the species old, beneficial relationship between humans and cannabis.

    Now, having said that, there is no law stopping people who wish to be, “drug free”, from chemically disabling their endocannabinoidal systems. This way, their own marijuana like chemicals produced by their brain and nervous systems, will not be able to be utilized by them. Only adults should do this, btw.

    So, there it is. canna-phobes can rest assured that not even second hand cannabis smoke will have the slightest effect on them.

    In animal studies, disabling the body’s own marijuana system (endocannabinoidal system as it’s known on the streets), results in radically decreased resistance to diseases and conditions, psychologically makes them unable to deal with any changes to their environment and ultimately, turning this internal drug system off produces a negative effect relative to lifespan.

    Knowledge is an effective agent for beneficial change and the nature of the endocannabinoidal system should be universally known.

  43. Dan Litwin says - Posted: December 27, 2013

    Yes, I support Steve Kubby’s initiative, as I support the freedom of the people to decide what is good for them, rather than whatever scraps corrupt politicians say we may have.

  44. cosa pescado says - Posted: December 27, 2013

    Their sample size was 22.
    I hope read the paper and knew that before posting it as a source.

  45. Moral Hazard says - Posted: December 27, 2013

    http://www.cmaj.ca/content/166/7/887.full.pdf+html

    n=74

    And then look at the peer reviewed papers cited. All saying the same thing. Smoking dope makes people stupid. I didn’t really think anyone thought otherwise.

  46. Biggerpicture says - Posted: December 27, 2013

    Moral Hazard, the same might be proven about television viewing!

    Especially Fox News viewers.

  47. Ben Parkinson says - Posted: December 27, 2013

    Nice work. I wish there was something like this in place to protect state law from the feds. Good luck.

  48. cosa pescado says - Posted: December 28, 2013

    hazard
    Table 1: Demographic characteristics of marijuana users by amount used
    All, n=22

    That is what your source states.
    Also in that table. Light users had an IQ great than 100.
    Probably greater than yours.

    Also look at the alcohol consumption for the groups.
    That study is unreliable at best. Set a good example for your straight edge square community and get your poop together when it comes to your sources.

  49. David Conley says - Posted: December 28, 2013

    Steve Kubby’s initiative will be a monumental step in the right direction when it’s approved and implemented in SLT. Both patients and caregivers have a lawful right to the access and use medical cannabis in California due to Prop 215 yet after many years guidelines, which would respect both patients and caregivers rights and privacy’s, aren’t clearly spelled out. Mr. Kubby’s well written initiative remedies this and I urge all SLT voters to vote YES at the ballot.

  50. NorCalNative says - Posted: December 31, 2013

    I applaud the work of Steve Kubby and his initiative.

    California voters surely didn’t expect local and state law enforcement to enlist the DEA as a way of getting around state law.

    This initiative should help remind local and state cops that they ARE NOT DEA agents and that federal laws are not their beat!

  51. John Shuey says - Posted: January 1, 2014

    I have been quietly following the above debate. As an aside, I do not use MJ, have never used MJ, nor do I plan to ever use it.

    However, the evidence that it can and does provide relief for a number of serious illnesses is backed by over 200 scientific studies, many of which were funded and published by the very government that continues to ban it. Where is the humanity? Where is the compassion? Have we become so blinded by our own preferences to the point we are willing to sentence other humans to unnecessary pain and suffering for no real reason?

    Many of the arguments above conflate medical MJ with general MJ legalization. The two issues are separate, and it is not at all inconsistent to support one and oppose the other. The issue in this debate is the patients, not MJ.

  52. rock4tahoe says - Posted: January 2, 2014

    To John Shuey. It is not about Med Pot versus Legal Pot. It is about Unregulated dispensers, growers, and users (from quack Docs) everywhere in town.