Steve Kubby
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Steven Wynn "Steve" Kubby (December 28, 1946 – November 20, 2022) was a
Libertarian Party Active parties by country Defunct parties by country Organizations associated with Libertarian parties See also * Liberal parties by country * List of libertarian organizations * Lists of political parties Lists of political part ...
activist who played a key role in the drafting and passage of
California California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territori ...
Proposition 215 Proposition 215, or the Compassionate Use Act of 1996, is a California law permitting the use of medical cannabis despite marijuana's lack of the normal Food and Drug Administration testing for safety and efficacy. It was enacted, on November 5 ...
. The proposition was a
ballot initiative In political science, an initiative (also known as a popular initiative or citizens' initiative) is a means by which a petition signed by a certain number of registered voters can force a government to choose either to enact a law or hold a pu ...
to legalize
medical Medicine is the science and practice of caring for a patient, managing the diagnosis, prognosis, prevention, treatment, palliation of their injury or disease, and promoting their health. Medicine encompasses a variety of health care practic ...
marijuana Cannabis, also known as marijuana among other names, is a psychoactive drug from the cannabis plant. Native to Central or South Asia, the cannabis plant has been used as a drug for both recreational and entheogenic purposes and in various tra ...
which was approved by voters in 1996. Kubby was known as a
cancer Cancer is a group of diseases involving abnormal cell growth with the potential to invade or spread to other parts of the body. These contrast with benign tumors, which do not spread. Possible signs and symptoms include a lump, abnormal b ...
patient who relied on medical cannabis. He authored two books on drug policy reform: ''The Politics of Consciousness'' (1995) and ''Why Marijuana Should Be Legal'' (2003). He was the
Libertarian Party of California The Libertarian Party of California (LPC) is the California affiliate of the national Libertarian Party (LP). The party chairwoman is Mimi Robson, and is based in Sacramento, California, in Sacramento County. As of 2016 Libertarians represent a ...
candidate for
Governor of California The governor of California is the head of government of the U.S. state of California. The governor is the commander-in-chief of the California National Guard and the California State Guard. Established in the Constitution of California, the g ...
in
1998 1998 was designated as the ''International Year of the Ocean''. Events January * January 6 – The '' Lunar Prospector'' spacecraft is launched into orbit around the Moon, and later finds evidence for frozen water, in soil in permanently ...
receiving 0.9% of the vote. In 2008, he declared his candidacy for the Libertarian Party's 2008 presidential nomination and received significant support for the nomination, but was eliminated after the second ballot. Although various media reports have described him as a "felon" and "fugitive", Kubby's legal status was resolved on July 3, 2008, when California Superior Court Judge, David Nelson, dismissed all charges against Kubby, clearing his name and record of any criminal activity. Kubby died in
South Lake Tahoe, California South Lake Tahoe is the most populous city in El Dorado County, California, United States, in the Sierra Nevada. The city's population was 21,330 at the 2020 census, down from 21,403 at the 2010 census. The city, along the southern edge of Lake ...
on November 20, 2022, aged 75.


Cancer patient

In 1968, at the age of 23, Kubby began experiencing symptoms of
hypertension Hypertension (HTN or HT), also known as high blood pressure (HBP), is a long-term medical condition in which the blood pressure in the arteries is persistently elevated. High blood pressure usually does not cause symptoms. Long-term high bl ...
and
palpitations Palpitations are perceived abnormalities of the heartbeat characterized by awareness of cardiac muscle contractions in the chest, which is further characterized by the hard, fast and/or irregular beatings of the heart. Symptoms include a rapi ...
. He was diagnosed with malignant
pheochromocytoma Pheochromocytoma (PHEO or PCC) is a rare tumor of the adrenal medulla composed of chromaffin cells, also known as pheochromocytes. When a tumor composed of the same cells as a pheochromocytoma develops outside the adrenal gland, it is referred t ...
, a rare, fatal form of adrenal cancer. Kubby underwent surgery to remove a tumor in 1968, 1975 and 1976. This last time, his medical records show that the cancer had metastasised to his liver and beyond. All other patients with this diagnosis have had a 100% mortality rate within five years. His physician, Dr. Vincent DeQuattro, a specialist from the USC School of Medicine, monitored his condition and treated him with conventional therapies, including
chemotherapy Chemotherapy (often abbreviated to chemo and sometimes CTX or CTx) is a type of cancer treatment that uses one or more anti-cancer drugs (chemotherapeutic agents or alkylating agents) as part of a standardized chemotherapy regimen. Chemotherap ...
, until referring him to the
Mayo Clinic The Mayo Clinic () is a nonprofit American academic medical center focused on integrated health care, education, and research. It employs over 4,500 physicians and scientists, along with another 58,400 administrative and allied health staff, ...
in 1981 for yet another surgery and
radiation In physics, radiation is the emission or transmission of energy in the form of waves or particles through space or through a material medium. This includes: * ''electromagnetic radiation'', such as radio waves, microwaves, infrared, visi ...
. For the next 25 years, Kubby maintained that he was able to control the symptoms of his disease solely by smoking marijuana and by maintaining a healthy diet. His original doctor, an expert on this condition shocked to learn he was still alive, said, "In some amazing fashion, this medication has not only controlled the symptoms of the
pheochromocytoma Pheochromocytoma (PHEO or PCC) is a rare tumor of the adrenal medulla composed of chromaffin cells, also known as pheochromocytes. When a tumor composed of the same cells as a pheochromocytoma develops outside the adrenal gland, it is referred t ...
, but in my view, has arrested its growth."


Libertarian Party candidate

In the
1998 California gubernatorial election The 1998 California gubernatorial election was an election that occurred on November 3, 1998, resulting in the election of Gray Davis, the state's first Democratic governor in 16 years. Davis won the general election by an almost 20% margin ove ...
, Kubby was the Libertarian candidate for
Governor of California The governor of California is the head of government of the U.S. state of California. The governor is the commander-in-chief of the California National Guard and the California State Guard. Established in the Constitution of California, the g ...
, receiving 0.9% of the vote. The same year, he became national director of the
American Medical Marijuana Association The American Medical Marijuana Association (AMMA) is an organization formed to promote and protect legal access to medical marijuana. AMMA was founded in cyberspace on October 27, 2000, by Steve Kubby, Ed Rosenthal, and Tod H. Mikuriya. AMMA i ...
. Two months after the election, Kubby's home was raided by the
Placer County Placer County ( ; Spanish for "sand deposit"), officially the County of Placer, is a county in the U.S. state of California. As of the 2020 census, the population was 404,739. The county seat is Auburn. Placer County is included in the Great ...
sheriffs department. The officers seized 265 marijuana plants and a small quantity of
peyote The peyote (; ''Lophophora williamsii'' ) is a small, spineless cactus which contains psychoactive alkaloids, particularly mescaline. ''Peyote'' is a Spanish word derived from the Nahuatl (), meaning "caterpillar cocoon", from a root , "to gl ...
from a guest bedroom, and Kubby was arrested. Kubby was a contender to be the Libertarian Party's vice presidential candidate in the 2000 election. The Libertarian Party requires the vice presidential candidate to be nominated by the delegates just as the presidential candidate is selected. Kubby was opposed by fellow Californian
Art Olivier Arthur C. Olivier (born August 24, 1957) is an American politician. He is the former mayor of Bellflower, California and was the Libertarian candidate for Vice President in the United States presidential election in 2000 as the running mate of p ...
, and by Ken Krawchuk of Pennsylvania. After no candidate received a majority on the first ballot, Krawchuk withdrew his name from the ballot and endorsed Olivier, who then defeated Kubby by a vote of 418 to 338. On August 20, 2006, at the
Seattle Hempfest Seattle Hempfest is an annual event in the city of Seattle, Washington (and the world's largest annual gathering) advocating the legalization of cannabis. Vivian McPeak serves as the organization's executive director. Founded in 1991 as the Was ...
, Kubby announced his intention to seek the Libertarian Party's nomination for President in 2008. The Federal Election Committee (FEC) issued candidate ID numbers for Kubby personally and for the Kubby for President Committee on September 18, 2006. He had since campaigned at various community and Libertarian Party events and launched a campaign web site. He later endorsed
Ron Paul Ronald Ernest Paul (born August 20, 1935) is an American author, activist, physician and retired politician who served as the U.S. representative for Texas's 22nd congressional district from 1976 to 1977 and again from 1979 to 1985, as well ...
for President, in the event that Ron Paul is able to secure the GOP nomination. Meanwhile, Kubby was continuing to actively campaign and has made Internet history with the first animated presidential campaign video. On May 25, 2008, Kubby did not gain his party's nomination and was eliminated after the second ballot at his party's national convention.


Business ventures

Cannabis Sativa, Inc. announced on June 30, 2014, that Kubby was named Chairman of the company. This was following Cannabis Sativa's acquisition of Kush Inc., previously owned by Kubby and the owner of the first patented marijuana plant.


Arrest and trial

In 1996, Kubby was instrumental in the drafting and passage of California
Proposition 215 Proposition 215, or the Compassionate Use Act of 1996, is a California law permitting the use of medical cannabis despite marijuana's lack of the normal Food and Drug Administration testing for safety and efficacy. It was enacted, on November 5 ...
, ''The Compassionate Use Act of 1996''. Despite the victory of Prop. 215, Kubby and his wife, Michele, were arrested, jailed and prosecuted, under the false claim that the voter initiative provides only an
affirmative defense An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's o ...
and that it is to be used by only "seriously ill patients." In the 1996 Voter's Handbook, the Official Title and Summary prepared by the Attorney General Dan Lungren, the State of California informed voters that a 'YES' vote on Prop. 215 would exempt patients and defined caregivers from criminal laws. In fact, the very first sentence of the official title and summary clearly states: "Exempts patients and defined caregivers who possess or cultivate marijuana for medical treatment recommended by a physician from criminal laws which otherwise prohibit possession or cultivation of marijuana
CA Secretary of State - Vote96 - Proposition 215
Nowhere in the official Title and Summary does it say anything about an affirmative defense, or any limits or restrictions. Furthermore, in the official Analysis of Proposition 215 by the Legislative Analyst, the voters were told, "No prescriptions or other record-keeping is required by the measure." In addition, the voters were reminded by the Legislative Analyst that this initiative also covered any other illness for which marijuana provides relief

The
Placer County Placer County ( ; Spanish for "sand deposit"), officially the County of Placer, is a county in the U.S. state of California. As of the 2020 census, the population was 404,739. The county seat is Auburn. Placer County is included in the Great ...
Sheriff's Department had been sent an anonymous letter alleging that the Kubby's had been operating a major grow operation from their residence, and began an investigation. Kubby learned of this, and invited them to inspect the grow room, by passing a note through his own household trash, which the police had begun searching. That note, " ... addressed to law-enforcement personnel, advising them of Steve Kubby's use of medicinal marijuana, maintenance of a garden, possession of no more than 3.5 pounds of pot and his cancer condition," was removed from his trash and entered as evidence by the prosecutio
US CA: MMJ: Kubbys Knew Of Impending Arrest
In 1999, Kubby and his wife Michele were arrested and faced trial for growing his own cannabis in his home, though he was entitled to do so legally on behalf of himself and his wife, also a licensed cannabis patient. Calling his arrest the "Scopes monkey trial of medical marijuana," Kubby remained defiant in his support of the Compassionate Use Act. He maintains that the prosecution was politically motivated, implicating then-Attorney General
Dan Lungren Daniel Edward Lungren (born September 22, 1946) is an American politician and lawyer who served as the U.S. representative for from 2005 to 2013. A member of the Republican Party, during his tenure, the district covered most of Sacramento Count ...
's office. Lungren had been aggressive in resisting the implementation of Proposition 215, to the point of issuing instructions to
peace officer A law enforcement officer (LEO), or peace officer in North American English, is a public-sector employee whose duties primarily involve the enforcement of laws. The phrase can include campaign disclosure specialists, local police officers, pro ...
s on how to cross-examine cannabis patients so as to undermine their claim of sanction. In jail for 72 hours after the arrest, Kubby was deprived of medical marijuana and became seriously ill. His blood pressure shot up to dangerous levels. USC Medical Center's Dr. Vincent DeQuattro, who made Kubby's original diagnosis, wrote a letter to the court explaining Steve's condition and warning the judge what could happen if Steve was further deprived of cannabis. Kubby described their ordeal in his official complaint, Michele Kubby won an acquittal on all charges. Steve Kubby's trial, owing to one juror's refusal to acquit, received a mistrial on all the cannabis charges, which were eventually dropped. The jury also voted to convict on a possession charge involving a psilocybin mushroom stem and a few peyote buttons (a felony) found in their house. Kubby was sentenced to 120 days in jail.


Flight to Canada

In 2001, exercising his right to appeal the conviction for peyote possession, Kubby obtained the court's permission to move to
Canada Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
with his wife and two children. Kubby and his advisors were concerned that police and prosecutors were determined to prove their theory that he did not really need medical marijuana and would find a way to arrest and incarcerate him. After the Kubby family had been in Canada for a few months Kubby alleges the terms of his appeal were changed without his knowledge or consent by two judges. Kubby claims that he was wrongly reclassified as a fugitive. Kubby appealed his fugitive status through the Canadian legal system for five years. Among the arguments made in fighting the appeal was the likelihood that he would be denied access to cannabis in custody and risk death from his illness. This fear was later proved to be well founded as confirmed by the Placer Jail medical staff who found blood in his urine and other evidence of severe hypertensive trauma, which Kubby still suffers from, to this day. Dr. Joseph Michael Connors, an expert in the area of adrenal cancers, testified at the Canadian extradition hearing about Kubby's medical condition:


Departure from Canada and incarceration in the US

After numerous appeals, Kubby was asked to leave Canada under a "conditional Departure Order" within 30 days, which he did. He arrived in
San Francisco San Francisco (; Spanish language, Spanish for "Francis of Assisi, Saint Francis"), officially the City and County of San Francisco, is the commercial, financial, and cultural center of Northern California. The city proper is the List of Ca ...
,
California California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territori ...
, on Thursday, January 26, 2006, accompanied by his attorney Bill McPike, and was immediately arrested. Although it had been arranged that Kubby would surrender at the Placer Superior Court on Tuesday, 31 January, he was removed from the Alaska Airlines jet on arrival by San Francisco police officers at the request of sheriff's officials in Placer County and taken through secure areas of the airport, bypassing the supporters gathered to greet him. He was held in
San Mateo County San Mateo County ( ), officially the County of San Mateo, is a county located in the U.S. state of California. As of the 2020 census, the population was 764,442. Redwood City is the county seat, and the third most populated city following Daly ...
Jail in
Redwood City Redwood City is a city on the San Francisco Peninsula in Northern California's Bay Area, approximately south of San Francisco, and northwest of San Jose. Redwood City's history spans its earliest inhabitation by the Ohlone people to being a po ...
, where, according to
NORML The National Organization for the Reform of Marijuana Laws (NORML ) is a social welfare organization based in Washington, D.C., that advocates for the reform of marijuana laws in the United States regarding both medical and non-medical use. Acc ...
spokesman Dale Gieringer, he was becoming rapidly ill. He was transported to
Placer County Placer County ( ; Spanish for "sand deposit"), officially the County of Placer, is a county in the U.S. state of California. As of the 2020 census, the population was 404,739. The county seat is Auburn. Placer County is included in the Great ...
Jail Friday afternoon and was arraigned at 1 p.m. in Dept. 13 of Placer County Superior court Tuesday, 31 January. Gieringer reports that Placer County Jail granted Kubby access to
Marinol The International Nonproprietary Name Dronabinol, also known as delta-9-tetrahydrocannabinol, or under the trade names Marinol, Syndros, Reduvo and Adversa, is a Drug nomenclature#Nonproprietary (generic) names, generic name for the molecule of t ...
, a
THC Tetrahydrocannabinol (THC) is the principal psychoactive constituent of cannabis and one of at least 113 total cannabinoids identified on the plant. Although the chemical formula for THC (C21H30O2) describes multiple isomers, the term ''THC' ...
synthetic which lacks the
cannabinoids Cannabinoids () are several structural classes of compounds found in the cannabis plant primarily and most animal organisms (although insects lack such receptors) or as synthetic compounds. The most notable cannabinoid is the phytocannabinoid tet ...
which have been shown to modulate
catecholamine A catecholamine (; abbreviated CA) is a monoamine neurotransmitter, an organic compound that has a catechol (benzene with two hydroxyl side groups next to each other) and a side-chain amine. Catechol can be either a free molecule or a subst ...
levels. Kubby, with the Marinol, immediately went into cardiac arrest due to the lack of subsequent cannabinoids which modulated the known issues. Michele Kubby reported that the Marinol helped in specific quantities, but that her husband could tell subjectively that it will not be effective in the long run. She also describes her husband's conditions of confinement, In January, the San Francisco Board of Supervisors passed a resolution supporting Kubby and calling for his immediate release from jail. On March 6, 2006, Kubby was released early from jail for good behavior. At a March 14 hearing, he was re-sentenced to another 60 days in jail for violating his probation by not returning from Canada in 2001, and began serving the sentence on Wednesday, March 15. Kubby was released on April 5 after serving only 22 days of the 60-day sentence, his time reduced because of jail overcrowding. In July 2007, the Office of National Drug Control Policy (ONDCP—the drug czar's office) used testimony submitted to Congress to misrepresent the position of Kubby, claiming that he no longer supports medical marijuana. In written testimony before the House Judiciary Subcommittee on Crime, Terrorism and Homeland Security, Dr. David Murray, ONDCP's Chief Scientist called medical marijuana advocates "modern-day snake oil proponents," sneered at medicines that make patients "feel good," and claimed that laws okaying medical marijuana in a dozen states have led to "abuse, confusion, and crime." Then, to further buttress his argument against the therapeutic use of the herb, he added: Kubby suffered from almost constant nausea while on Marinol, he wrote, adding that Murray took his sentence about Marinol out of context. The paragraph from which it was extracted reads as follows: "During that time I experienced excruciating pain, a vicious high blood-pressure crisis, passed blood in my urine and I lost 33 pounds. However, there was also good news. I learned that Marinol is an acceptable, if not ideal, substitute for whole cannabis in treating my otherwise fatal disease. Now I am a free man and I am profoundly grateful to be alive and to have friends and supporters such as you." While conceding that Marinol can be effective for treatment of hypertension and would allow him to travel briefly without medical marijuana, it does not allow him to have an acceptable quality of life, Kubby said. "Please help me squash this deceptive and dangerous misrepresentation of my true feeling on this matter by the ONDCP," Kubby wrote. "It just shows how desperate they are that they must mislead people in this way. And just so there is no question about this, let me be clear: Whole cannabis is not only the best medicine for me, it is the only medicine that has kept me alive during the 32 years that I have continued to live, in relatively good health, despite a terminal diagnosis of malignant pheochromocytoma."


Political positions

Kubby was a strong supporter of the
United States Constitution The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven ar ...
and
civil liberties Civil liberties are guarantees and freedoms that governments commit not to abridge, either by constitution, legislation, or judicial interpretation, without due process. Though the scope of the term differs between countries, civil liberties may ...
. He advocated for legal
abortion Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pregn ...
,
gay rights Rights affecting lesbian, gay, bisexual, and transgender (LGBT) people vary greatly by country or jurisdiction—encompassing everything from the legal recognition of same-sex marriage to the death penalty for homosexuality. Notably, , 3 ...
,
gun rights The right to keep and bear arms (often referred to as the right to bear arms) is a right for people to possess weapons (arms) for the preservation of life, liberty, and property. The purpose of gun rights is for self-defense, including securi ...
, a
non-interventionist Non-interventionism or non-intervention is a political philosophy or national foreign policy doctrine that opposes interference in the domestic politics and affairs of other countries but, in contrast to isolationism, is not necessarily opposed t ...
foreign policy, immediate withdrawal of U.S. troops from the
war in Iraq This is a list of wars involving the Republic of Iraq and its predecessor states. Other armed conflicts involving Iraq * Wars during Mandatory Iraq ** Ikhwan raid on South Iraq 1921 * Smaller conflicts, revolutions, coups and periphery confli ...
,
open borders An open border is a border that enables free movement of people (and often of goods) between jurisdictions with no restrictions on movement and is lacking substantive border control. A border may be an open border due to intentional legislation ...
, and the elimination of federal individual
income tax An income tax is a tax imposed on individuals or entities (taxpayers) in respect of the income or profits earned by them (commonly called taxable income). Income tax generally is computed as the product of a tax rate times the taxable income. Tax ...
. He was opposed to most governmental regulations, programs, and federal
subsidies A subsidy or government incentive is a form of financial aid or support extended to an economic sector (business, or individual) generally with the aim of promoting economic and social policy. Although commonly extended from the government, the ter ...
. He also opposes the
War on drugs The war on drugs is a Globalization, global campaign, led by the United States federal government, of prohibition of drugs, drug prohibition, military aid, and military intervention, with the aim of reducing the illegal drug trade in the Unite ...
,
Patriot Act The USA PATRIOT Act (commonly known as the Patriot Act) was a landmark Act of the United States Congress, signed into law by President George W. Bush. The formal name of the statute is the Uniting and Strengthening America by Providing Appropr ...
and the Military Commissions Act. During a 2009 interview with a
New Jersey New Jersey is a state in the Mid-Atlantic and Northeastern regions of the United States. It is bordered on the north and east by the state of New York; on the east, southeast, and south by the Atlantic Ocean; on the west by the Delaware ...
newspaper, he criticized the health care plan presented by President
Barack Obama Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, Obama was the first African-American president of the U ...
, saying: "Obama is ready to spend trillions of dollars to create a government health program. I have a far simpler plan that will genuinely help patients and save them and the government all those trillions of dollars: reschedule marijuana to reflect reality and authorize its use for medical purposes."
/ref>


See also

* '' Gonzales v. Raich'' *
Health issues and the effects of cannabis The effects of cannabis are caused by chemical compounds in the cannabis plant, including 113 different cannabinoids such as tetrahydrocannabinol (THC) and 120 terpenes, which allow its drug to have various psychological and physiological effec ...
*
Cannabis legalization in Canada Cannabis in Canada is legal for both recreational and medicinal purposes. Medicinal use of cannabis was legalized nationwide under conditions outlined in the Marihuana for Medical Purposes Regulations, later superseded by the Access to Cannabis ...
*
Ed Rosenthal Edward "Ed" Rosenthal (born December 2, 1944) is an American horticulturist, author, publisher, and ''Cannabis'' grower known for his advocacy for the legalization of marijuana use. He served as a columnist for ''High Times Magazine'' during the ...
*
Peter McWilliams Peter Alexander McWilliams (August 5, 1949 – June 14, 2000) was an American self-help author who advocated for the legalization of marijuana.Rosenzweig, David (June 17, 2000"Peter McWilliams; Backed Medical Use of Marijuana"''Los Angeles Times ...


References


External links


Personal/Family Web Site
*
Campaign profile
at
Project Vote Smart Vote Smart, formerly called Project Vote Smart, is a non-profit, non-partisan research organization that collects and distributes information on candidates for public office in the United States. It covers candidates and elected officials in si ...

Presidential campaign FEC disclosure report

American Medical Marijuana Association website

Editorial: Steve Kubby IS a Refugee

Long Los Angeles Times article on 2006 arrest, incarceration.
* 2006 Wikinews article on medical dangers Steve Kubby facing in jail. {{DEFAULTSORT:Kubby, Steve 1946 births 2002 deaths 21st-century American male writers 21st-century American non-fiction writers 21st-century American politicians 2008 United States vice-presidential candidates Activists from California American cannabis activists American male non-fiction writers American political writers California Libertarians Candidates in the 2008 United States presidential election Non-interventionism Politicians from El Paso, Texas Writers from California