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  Supporters Flock as Kubby Appears in Court
Posted by CN Staff on February 01, 2006 at 06:48:07 PT
By Penne Usher, Journal Staff Writer 
Source: Auburn Journal 

medical California -- Incarcerated medical-marijuana activist Steve Kubby slowly entered an Auburn courtroom Tuesday afternoon and took his seat next to other inmates as he smiled to a crowd of supporters in the audience.

Kubby, 59, was in court with his attorney Bill McPike for arraignment on a charge of violation of probation after his arrest Thursday in San Francisco. Kubby's attorney entered a plea of "not guilty" on behalf of his client. He said outside the courtroom that he will ask the court for alternative sentencing.

"Michele (Kubby) is relocating (from Canada) to Marin County and we're going to motion for house arrest," McPike said. "I have no idea (if it will be granted)."

Chris Cattran, deputy district attorney for Placer County, said outside the courtroom that house arrest was offered to Kubby after his 2000 conviction for possession of mescaline and psilocybin.

"He was given the option of house arrest, but chose to flee," Cattran said.

At this point it is not clear if additional charges will be brought against Kubby, who began serving his 120-day sentence Friday.

Although he appeared to weigh less than he did when his booking photo was taken, Kubby looked pleased that the courtroom was nearly filled to capacity with those wanting to wish him well, many who had never met the former gubernatorial candidate and co-author of Prop. 215, California's Compassionate Use Act.

Clark Sullivan, 45, of San Francisco and the Hemp Evolution Web site, said he came to Auburn, as did about 30 others, to champion Kubby's reported need for medical marijuana.

"I'm an advocate for a lot of medical marijuana users and don't always know who they are," Sullivan said. "I'm here to support Steve and to demand that the Placer County authorities allow him to use medical cannabis as his doctor has prescribed."

In light of the attention the case has received and the number of medical-marijuana activists expected, Placer County Sheriff's Department added deputies outside the jail facility, courtroom and inside during the brief proceeding.

Members of the Compassionate Coalition.org, Hemp Evolution and other medical marijuana advocates held signs in front of the jail Tuesday that read "Healing is not a crime, free Steve Kubby, Don't jail the Ill," and "Stop terrorizing patients."

Many voiced their concern that without his daily doses of marijuana, Kubby will not survive his jail time.

Kubby contends he must have marijuana daily in order to survive and stave off the effects of a rare form of adrenal cancer. He points out a Canadian doctor who agrees with him, but a UC Davis Cancer specialist has said there is no scientific evidence to support Kubby's claim that marijuana is keeping him alive.

To the Kubby faithful, it's a life-or-death situation.

"They are going to let him die in there," said Kubby supporter Essie Mormen, of San Francisco.

Jail officials are forbidden to answer direct medical questions, but have said Kubby is receiving medical treatment as necessary and is being cared for as all inmates are.

Kubby is scheduled to appear at 8:30 a.m. Friday in Dept. 13 of Placer County Superior Court.

Michele Kubby was not in the courtroom for Tuesday's appearance.

The Kubby family had been seeking to stay in Canada, however, the Canadian Border Services rejected the family's bid for protection Dec. 9 and ordered them out of the country.

Note: Activist's attorney to ask for alternative sentencing.

Source: Auburn Journal (CA)
Author: Penne Usher, Journal Staff Writer
Published: Wednesday, February 1, 2006
Copyright: 2006 Auburn Journal
Contact: ajournal@foothill.net
Website: http://www.auburnjournal.com/

Related Articles & Web Sites:

The Kubby Chronicles
http://www.kubby.org/

Hemp Evolution
http://www.hempevolution.org/

Compassionate Coalition
http://www.compassionatecoalition.org/

Pot Advocate Requests House Arrest
http://cannabisnews.com/news/thread21546.shtml

Kubby Case Becoming Media Circus
http://cannabisnews.com/news/thread21539.shtml


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Comment #7 posted by ekim on February 01, 2006 at 20:40:28 PT
Gee Walter is he on the Leap Promo
Wednesday, February 01, 2006 LEAPing into the breach

http://lastonespeaks.blogspot.com/

With due respect to all the people who are working for the cause, I think LEAP is the single most effective drug policy reform organization in the country. We can talk all we want, and we've been bringing the message to the people, but if you can't believe a cop, who are you going to believe? The relentless reformers there are winning converts daily and they're reeling in some big names.

"Anyone concerned about the failure of our $69 billion-a-year War on Drugs should watch this 12-minute program. You will meet front line, ranking police officers who give us a devastating report on why it cannot work. It is a must-see for any journalist or public official dealing with this issue." -- Walter Cronkite

Need more convincing? I havScotland Yard who can explain to you. There's a better solution to "fightinge a list of 129 Law Enforcement officers all the way to " drugs and LEAP has it.www.leap.cc/events

[ Post Comment ]
 
Comment #6 posted by ekim on February 01, 2006 at 20:06:26 PT
great going AB thanks from all of us
a health hearing from all over the country can meet to discuss ways of ending the prohibition of some plants. I hope Bill Buckley Jr, will be chosen to lead the debate, with the sergeant at arms being held by LEAP. While the scientific body being led by Dr Weil.

Come on Mayor Jerry Brown set up this great inquiry and show the people what a real AG can look like.

Comment #2 posted by FoM on February 01, 2006 at 06:24:34 PT Potpal I think it's a good thing to legalize coca leaves. Dr. Andrew Weil said a coca leaf chewing gum would help take the edge off of people who use cocaine and it has healthy properties in it's natural form. http://www.cannabisnews.com/news/thread21545.shtml#9

[ Post Comment ]
 
Comment #5 posted by afterburner on February 01, 2006 at 19:31:58 PT
*Manufactured* ?Evidence?
"He [Steve Kubby] was convicted, however, of possession of mescaline, a hallucinogen, and for possessing psilocyn, a psychedelic mushroom, both as felonies. The judge reduced both to misdemeanors."

--No Appeal for Placer County Fugitive. Posted by CN Staff on September 10, 2003 at 18:17:59 PT. By The Bee Metro Staff. Source: Sacramento Bee http://www.cannabisnews.com/news/17/thread17266.shtml

{Attorney General Bill Lockyer may have won his political battle to turn the misdemeanor conviction against Steve Kubby for possession of some cactus buttons into a felony, but it may be a hollow victory. In a ruling by the 3rd District Court of Appeals the judges ruled that the misdemeanor conviction of Steve Kubby for some tiny cactus buttons, in a film can found in a guest bedroom at the Kubby home, should be changed to a felony.

{The court reasoned that since the conviction was for possession of mescaline not possession of peyote, it should be a felony because the court said that mescaline is much more dangerous than peyote. The mescaline had been extracted from the cactus buttons by an expert for the prosecution. [!!!]

{Richard Cowan, former National Director of NORML blasted the decision as 'truly bizarre.' "At a time when California is confronted with record budget deficits, the state attorney general appealed a judge's ruling that this was a misdemeanor, at a great expense to the state and is ready to spend more of the state's money on further appeals or imprisoning Mr. Kubby."}

--Lockyer Wins Conviction Against Kubby. Posted by CN Staff on June 24, 2003 at 22:55:07 PT. For Immediate Release. Source: Kubby.com http://www.cannabisnews.com/news/16/thread16684.shtml

Pray for Steve, and contact the authorities often. "Father, forgive them; for they know not what they do." Luke 23:34 (King James Version) They think they do, but they don't really.

[ Post Comment ]

 
Comment #4 posted by FoM on February 01, 2006 at 10:48:25 PT
herbdoc215
Thanks. I saw another article like this a while ago and thought what is wrong with him.

[ Post Comment ]
 
Comment #3 posted by herbdoc215 on February 01, 2006 at 10:34:29 PT
FoM, He is Chris Baurs<sp?> a nut
that I'm not sure isn't a pig/plant as he sounds like he bats for the other team always....we just ignore him in Canada, he's rabidly anti-american? Canadian movement has imploded, and has alot of work ahead of it rebuilding. Inuendo and smear Campaigns are the new order of the day there! I medicated in front of Placer jail in front of Bunch of cops yesterday in my suit and Pissed them off, :> I see these little Nazi's for the punks they are...They are really trying to kill Steve it, as it is pure revenge...nothing less! I hope to get on net today and give yall a full update from the front. Pray for us all!!! peace, steve tuck

[ Post Comment ]
 
Comment #2 posted by FoM on February 01, 2006 at 08:27:41 PT
A Big Question
Who is this person?

http://www.ourmedia.org/node/153861

[ Post Comment ]

 
Comment #1 posted by FoM on February 01, 2006 at 07:51:11 PT
Snipped Source: Sacramento Bee
Pot Activist Asking To Use Drug in Jail

***

By Art Campos -- Bee Staff Writer

Wednesday, February 1, 2006

Medical marijuana activist Steven Wynn Kubby has asked a Placer County judge to let him use cannabis in a nonsmoking form while he serves a 120-day jail sentence in Auburn for a drug conviction in 2000.

An attorney for the 59-year-old Kubby, who says he will die unless he's allowed to use marijuana to treat a rare form of cancer, made the request Tuesday.

The attorney, William McPike of Fresno County, also asked that Kubby be allowed to serve his sentence under "home detention" at his new residence in Marin County. An electronic device could be used to monitor his movements, McPike suggested.

Placer Superior Court Judge Robert McElhany scheduled a hearing on the motion for Friday.

The District Attorney's Office said it has made no recommendation on Kubby's request to use an edible form of marijuana. The Placer County Sheriff's Department says it opposes the idea.

Kubby returned to California on Thursday after being deported from Canada, where he had taken refuge in 2001.

He began serving his term Friday.

In court Tuesday, a gaunt Kubby, wearing orange jail clothing, smiled at old friends who had held a peaceful rally outside the jail before the brief hearing.

Kubby was in court for arraignment on a charge that he violated probation when he moved to Canada. He pleaded not guilty to the allegation.

Deputy District Attorney Christopher Cattran said that if a judge determines that probation was violated, Kubby could face additional time in a state prison because one of his drug convictions was a felony.

McPike also asked that Kubby be recognized as a "state legal medical marijuana patient."

"We want him to be allowed to cultivate marijuana at his home to treat his condition and for it not to be considered a violation of any laws," McPike said outside the courtroom.

Complete Article: http://www.sacbee.com/content/news/story/14139369p-14968078c.html

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