"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/

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.