"It's a very, very important ruling," Judge Raima Ballinger said in a hearing Thursday.

Ballinger said she needed to read previous court transcripts and legal briefs before determining whether the Sheriff's Department has legal standing to prevent the return of about 10 pounds of marijuana confiscated from an employee of a Guerneville pot club.

Sheriff's deputies seized 22 pounds of pot from the home of Ken Wilson, an employee of Marvin's Garden medical marijuana cooperative, in March. His lawyer said deputies had previously advised cooperative employees not to keep large amounts of marijuana at the club to discourage break-ins.

At the heart of Wilson's case is whether he had lawful possession of the marijuana, said Deputy County Counsel Anne Keck, representing the Sheriff's Department.

Most property seized when a person is arrested can be returned if no charges are filed or at the end of the case. Illegal property, including drugs, is not returned.

All but about 10 pounds of the marijuana taken from Wilson's house already has been destroyed by the Sheriff's Department.

To determine whether Wilson was an employee of the club and whether it was legally operating as a nonprofit medical marijuana facility, the county has subpoenaed business and financial records and sought to take depositions from Wilson and club owner Ben Hill.

Wilson's lawyer, William Panzer, a co-author of the 1996 initiative that legalized the use of marijuana for medical purposes, argued that the Sheriff's Department has no right to seek such records.

Indeed, Ballinger questioned Keck about whose responsibility it is to determine the facts surrounding the seizure and who may lawfully possess the marijuana.

"Isn't that the job of the district attorney?" she asked.

Ballinger set a March 9 hearing date to determine what legal standing the Sheriff's Department has in the case. If she determines the sheriff has a legal right to be involved in the case, additional dates will be set for further arguments.

Complete Title: Judge To Rule on Sheriff's Keeping Medical Pot When No Crime Charged

Source: Press Democrat, The (CA)
Author: Lori A. Carter, The Press Democrat
Published: Friday, January 27, 2006
Copyright: 2006 The Press Democrat
Contact: letters@pressdemo.com
Website: http://www.pressdemo.com/

we all wait, some, as you are in the thick of it ...

It isn't very good.

"Runruff, I understand your feeling. I had way more confidence in in my fellow Americans in general than they apparently deserved. I never dreamed they would be so cruel, stupid, greedy, and senseless."

People are driven by fear. We are told to fear. Fear is the greatest tool of social control. Even those who tell you they will protect you, they want you to fear others that you will go to them and adhere to their authority. Do what you're told and no one gets hurt.

http://tinyurl.com/8wzo9

"It was very naive of me, I know. What a wicked world this is because of stupidity and hatred."

Runruff, I understand your feeling. I had way more confidence in in my fellow Americans in general than they apparently deserved. I never dreamed they would be so cruel, stupid, greedy, and senseless.

http://www.howardwills.org/prayers.html

should it be a 4.20, MO such as ... 4.20, 14.20 , 24.20?.

Or is the arrival of MO,s from across the country enough of a statement?

Runruff, Steve, Michelle and those two little girls are in my prayers. Their situations and what they must or might be going through have stayed on my mind virtually constantly, no matter what I'm doing.

consider even going to any Placer County website and send e-mails.

http://www.placer.ca.gov/

This official Placer County site is one to start...

And check it out, it includes a picture of a moonrise over Donner Pass.

Isn't Donner Pass the one where people died and while trying to survive they ate each others flesh?

Now We look back and it is ok to eat the flesh of man to survive; but it is still not ok to eat the plants God created for Us to do so...

Just an observation...

&

It is interesting how the word cannibalism is similar to cannabis...

Just an observation...

Good news - After much pain & anguish Attorney Bill McPike reports that Steve Kubby is to receive Marinol in the Placer County Jail! There will be an arraignment and/or hearings on Tuesday at 1 PM and possibly 8:30 AM at the Placer Co. Courthouse in Auburn. Here's how to contribute to Steve's commissary:.

OK - anybody can put money on Steve's books for commissary & health items. These must be US postal money order. No letters may accompany the money orders. Letters of support may be sent to the same address.

MOs should be made out to Steve Kubby.

Steve Kubby BK 49899 c/o Placer Co Jail 2775 Richardson Drive Auburn, CA 95603

His arraignment is set for 1 pm, on Tuesday 1/31. although we had set a hearing at 8:30 am for his surrender. I will be there at 8:30 am, to see if we are still calendared.

When Steve Tuck was in the midst of his ordeal in jail in Washington State, he said that he hoped that what he was going through would at least prevent the same thing from happening to Steve Kubby. I assured him that it would.

I was wrong.

Steve Kubby was arrested last night when he arrived in San Francisco, despite the fact that he was accompanied by his lawyer, Bill McPike, who as “an officer of the court” – which all American attorneys are – was committed to returning him to Placer County for a hearing on Tuesday morning.

This morning he was moved to Placer County jail, where he nearly died in 1999, when he and his wife were first arrested. Of course, he is not being given medical cannabis, and his life is in constant danger. There is simply no way of knowing how long his body can withstand the recurring attacks of extremely high blood pressure to which he is subject as the result of his adrenal cancer. See Steve Kubby Is the Only One In This Story Who Has NOT Broken The Law, But He Faces the Death Penalty.

Fortunately, California has a very vocal medical cannabis community and they will be keeping up the pressure on Placer County officials, who – like most predators – prefer to work in the dark. One also hopes that my fellow Libertarians will also rise to defend one of their own, although they tend to prefer abstractions to vulgar reality.

Nonetheless, there is still a need – and a moral imperative – for everyone to keep up the pressure on Placer County. See the contact info below.

As bad as things are, they could have been much worse had Steve turned himself in at the border as the Canadian Border Services had originally ordered. There is apparently no federal warrant for Steve, which is good news, but that also means that – if he had been arrested at the border – it could have taken weeks for him to be transported to Placer County via the prisoner transfer racket known among prisoners and their families by the ironic term “diesel therapy.” Steve would not survive such an ordeal. He would have been held incommunicado in a series of county jails without any medical attention.

Once again, it is Seattle attorney Douglas Hiatt to whom we all owe a great debt of gratitude. It was he who warned the Kubbys not to go to the border. Doug saved Steve Tuck’s life by standing up for him in Seattle and by keeping up the pressure on Humboldt County while law enforcement there fought amongst themselves over what they could get away with in the Tuck case.

Tuck refused to plead guilty to any kind of marijuana charge and they had to settle for the misdemeanors for “failure to appear” – where he would have pled not guilty to the charges which were dismissed. If that sounds absurd, that is simply what passes for justice in the drugwar.

From the beginning, Tuck had said that he was only worried about threats from “law enforcement” and being held without medication, which is precisely what happened to him and is now happening to Steve Kubby. It is the power that the narks have over every medical cannabis patient. See Steve Tuck Is A Free Man. Vindicated. Recuperating from Five Year Ordeal. Will Return to Mining Business in Canada After First Of Year. and links

The primary reason that Tuck’s ordeal did not save Kubby from the same fate was that Immigration Canada lied repeatedly about what happened to Tuck and what they had every reason to know would happen to Kubby. See Judge Says Kubby Must Be Sent to US. Won’t Stop Removal Order. Claims He Will Not Be Arrested Despite Statement by DA. Family Fears He Will Die. No US Jails Allow Medical Cannabis. No Appeals Left! and links

When they were presented with sworn affidavits from Hiatt and another attorney about how Tuck was treated, the Immigration apparatchik said that they were “biased” and then lied by saying that she was unable to independently verify their charges. In fact, she made no attempt to do so. When Hiatt and a senior medical student who had seen Tuck’s condition in Seattle came to Vancouver to testify the attorney for Immigration Canada blocked their testimony and the judge ignored them, even though he was told that they were there to testify.

Also, even though Chris Cattran, the Assistant DA in Placer County had told the media that Kubby would be arrested if he returned to the States, the Ministry’s counsel lied and said that there was no evidence that Kubby would be arrested. Michele Kubby told the judge what Cattran had said, but in his rejection of their pleas, he parroted the Crown’s lies and said there was no risk of Kubby being arrested.

Now everyone knows they were lying. What are you going to do about it, Canada?

The Crown also claimed that Kubby would be given medical cannabis in jail, despite the fact that no US jail allows cannabis use. In short, various officials of Immigration Canada have lied from the outset about every aspect of the Kubby and Tuck cases, and I can document every lie.

Whatever happens to Steve Kubby, the people of Canada must demand an investigation of their dishonest and dysfunctional Immigration and Refugee services. There are countless violent foreign criminals who have been convicted of crimes in Canada who are not sought out for deportation the way Tuck and Kubby were.

If Kubby survives his ordeal and eventually gets justice, the point will remain that Immigration Canada officials lied and broke the law repeatedly. They are the real criminals, along with so-called “law enforcement” in Placer County.

In the meantime, everyone should contact the media in both the US and Canada and demand an investigation of every aspect of these cases.

I will be in Placer County on Tuesday morning for the hearings and will report to you on Tuesday or Wednesday.

Call the Prosecutor: The Placer County District Attorney is Bradford R. Fenocchio. http://www.placer.ca.gov/da/

Ask for either Chris Cattran, the Assistant DA, or Mr. Fenocchio.

Be polite but demand to know if Placer County is going to jail Steve Kubby and, if so, will they allow him to use marijuana in jail, as recommended by his doctor.

Mailing address: Placer County District Attorney 11562 B Avenue Auburn, CA 95603

Voice: (530) 889-7000 Fax (530) 889-7129

Fax and phone are better, but Email is better than silence: bfenocch@placer.ca.gov

Illinois: Urge your state senator to support S.B. 2568, Sen. Cullerton’s medical marijuana bill: https://ssl.capwiz.com/mpp/mail/oneclick_compose/?alertid=%207132926&tr=y&auid=1366373

On an unrelated note, check out the full page ad that was in today's New York Times! http://www.impeachbush.org/site/DocServer/NYT_IMPEACHBUSH_FINAL_3.pdf?docID=121

THE WORLD CAN'T WAIT: DRIVE OUT THE BUSH REGIME: http://www.worldcantwait.net/

More on the great deception...

Your comment brings up another thing that comes to My mind.

The area of Philippians 4:10-23 is titled: "GOD'S PROVISIONS"

Philippians 4:18, "But I have received everything in full and have an abundance; I am amply supplied, having received from Epaphroditus what you have sent, a fragrant aroma, an acceptable sacrifice, well-pleasing to God."

Read the whole thing; read all of Philippians. http://www.biblegateway.com/passage/?book_id=57&chapter=4&version=49

A long time ago, someone could take provisions into the cage for to help those inside. The government did not like that when they saw that cannabis made their stay good. I believe this is a Biblical example of Epaphroditus taking cannabis to Paul and Tim.

The example is why they don't want to give Steve, cannabis.

http://www.freedomtoexhale.com/rb.htm

In any case, he may well die in prison. I can't decide if he is couragous or misguided. If it had been me, given the medical condition, I would have laid low in Canada. Instead, Kubby was very visible and I think that led to him getting expelled.

I really don't think we need another martyr. The general population is well convinced of the need for medical marijuana. And the legislators at the Federal level simply don't care. None of the other martyrs have had the least bit of impact on them.

I'm sure that the good folks here at Cannabis News have "destroyed" their fair share of the bud also! It seems like every week we read of large amounts of cannabis or cocaine missing from law enforcement's evidence rooms. Everyone knows that cops get best weed! If I was the Sheriff I'd want to keep it too!

I really hope Steve Kubby makes it but if he's feeling sick already I don't know how he will. If he doesn't pull through this it will be murder, plain and simple!!!

THE WAY OUT...

9/11: The Fairy Tale FROM HELL: http://www.tyrannyalert.com/800.html

Bush failed to act on pre-9/11 warnings (LTE): http://www.sheboygan-press.com/apps/pbcs.dll/article?AID=/20060126/SHE0601/601260569/1111/SHEopinion

CITIZEN'S COUNTER-COUP - The Action Plan: http://3c.911truth.org/3c_action.htm

200+ 9/11 'Smoking Guns' Found in the Mainstream Media: http://thewebfairy.com/killtown/911smokingguns.html

Does a 'jailor believe in 'God?

Is it so simple?

Belief,..

Handcuffs?

So much anger, so much misunderstanding.

'we are 'all occupants of this 'Green Globe,

Jan. 27th, 2006: Medical marijuana refugee Steve Kubby was taken to the Placer County jail today to begin serving a 4-month sentence on drug possession charges. Supporters are fearful that he will not survive in jail without access to medical marijuana. Kubby has used cannabis exclusively to treat a rare form of adrenal cancer, pheochromocytoma , since the 1980s, and is thought to be the longest living survivor of the disease.

Kubby was arrested last night at the San Francisco airport on returning from Canada, where his appeal for refugee status was rejected. He was arrested on a warrant from Placer County, where he had been sentenced to four months for possession of minute quantities of psilocybin mushrooms and peyote discovered in the course of a 1999 raid on his medical marijuana garden. Kubby and his family fled to Canada, but were removed by order of the Canadian Immigration Ministry, which rejected his claim that serving jail time would endanger his life.

PROTEST INHUMANE TREATMENT OF STEVE KUBBY! Supporters are urged to call on the Placer County authorities to treat Kubby humanely.

Please contact:

Bradford R. Fenocchio

Placer County District Attorney

(530) 889-7000

(530) 889-7129 fax

bfenocch@placer.ca.gov

STEVE KUBBY SICK IN JAIL AFTER ARREST AT SF AIRPORT

CALIFORNIA NORML RELEASE - JAN 26, 10:30 PM PST

Medical marijuana refugee Steve Kubby was arrested by a dozen police immediately upon landing at the San Francisco airport and whisked off to the Redwood City jail. A welcoming party of supporters and media were disappointed to discover that he had been spirited away out of sight through a back entrance.

"I'm really sick already," Kubby said from jail two hours afterwards, "I'm gonna start puking my brains out." He says his guards laughed at him when he requested Marinol. Kubby says he hasn't had marijuana for half a day and has begun to experience all of the symptoms of his life-threatening disease - nausea, headaches, swollen kidneys. He has chills and has not been able to get a blanket from the guards."They don't understand that they're dealing with someone with cancer," he says.

Kubby is upset that he was arrested immediately off the plane, when he had offered to turn himself in voluntarily in Placer County on Tuesday. San Francisco airport police said that they had arrested him at the request of Placer County authorities. They said Kubby will be arraigned in court tomorrow morning, though it wasn't clear where - in Redwood City, where he is being detained, or in Placer County. Kubby did not even know where he was being detained when he called California NORML.

Aside from his inhumane medical treatment, Kubby says police have treated him politely. He embarked on his trip in good spirits in the hopes of finally resolving his fight with the law.

- D. Gieringer, Cal NORML

They are just awakening into this secular world, where profits and more profits is their guiding light.

All the 'profits in your world, may spill over your goblet, yet, your 'cup, is on the table of this eternal tapestry, lest you stain the cloth, that is the 'garment of the 'flesh.

We believe in God in many different ways, but there is only one God.

To Me, He is Christ God Our Father.

When I pray, I first ask for Our Father (the Ecologician) to forgive Me of My sins (so I know He will face Me) and then I thank Him for that blessing.

I suggest that We do not pray and ask for what We want, but that We pray for His will to be done.

Ask to know the truth as He wishes for Us to know it and know it so clearly that We can clearly explain it to others so clearly that other people will be able to explain it to others still...

Here is a section that comes to My mind now. The entire Romans 14 is relevant, but I'm posting Romans 14:15 & 16. This section is appropriatly titled, "Principles of Conscience"

Romans 14:15-16, "For if because of food your brother is hurt, you are no longer walking according to love Do not destroy with your food him for whom Christ died.

16Therefore do not let what is for you a good thing be spoken of as evil;"

http://www.biblegateway.com/passage/?book_id=52&chapter=14&version=49

I also request that We pray for the officers, the judge, and the other people responsible for this hatred.

We are told to pray for Our enemies; let Us pray.

Further, do not doubt, when You pray.

James 1:6, "But he must ask in faith without any doubting, for the one who doubts is like the surf of the sea, driven and tossed by the wind."

http://www.biblegateway.com/passage/?book_id=66&chapter=1&version=49

Friday, January 27, 2006

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Marijuana advocate and former gubernatorial candidate Steve Kubby, a fugitive for several years, was arrested at San Francisco International Airport on Thursday night on a plane that arrived from Canada, San Francisco police said.

Kubby co-authored "Why Marijuana Should Be Legal" with marijuana advocate Ed Rosenthal and in 1998 was the Libertarian Party candidate for governor.

According to the New York Times, Kubby fled California in 2001 after police found 265 marijuana plants in his Squaw Valley home. He was sentenced to four months of house arrest and probation -- and fearing it would lead to an eventual prison term in which he would be unable to use medical marijuana to treat adrenal cancer, he fled to Canada.

Little they understand, the noose they form around their own necks.

This country was formed as an effort to defy the lowest power grubbing slugs on this planet, yet they have fed the most hungry and most lost into sedition, to userp this worlds manifest destiny, a destiny that is most honor bound, towards a relationship with God, who has Given, every 'green life, every blessed breath, for God.

Cannabis is that line in the sands of Eternity, like the Savior, who takes away all of our sins, .. some wait for a savior or messiah and others are waiting for some outer space intervention, the only thing that can save any of us, is a clear picture in our minds and souls, that illuminates how 'we those people are living, in this our world.

Kubby says he needs marijuana to curb symptoms of a rare type of adrenal cancer and says he will suffer and die without it in jail. Jailhouse use of medical marijuana is not allowed in California, where voters in 1996 approved the nation's first law allowing the use of cannabis as medicine with a doctor's recommendation.

When you read the text of bill SB420, however, it says this:

11362.785(c) Nothing in this article shall prohibit a jail, correctional facility, or other penal institution in which prisoners reside or persons under arrest are detained, from permitting a prisoner or a person under arrest who has an identification card, to use marijuana for medical purposes under circumstances that will not endanger the health or safety of other prisoners or the security of the facility.

Anyone know what the real deal is? I'm worried about Steve as many of us are, and it's frustrating that there is confusion over what is legal. The only problem I can see is that Steve probably does not have a California recommendation/ID card, but I'm sure his lawyer could expedite that seeing as it could save his life...?

http://www.drugtruth.net/

Guest:01/27/06 Eric Sterling, president of Criminal Justice Policy Foundation, Cliff Thornton, gubernatorial Candidate in Conn.