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| New Lawyer, New Strategy for Kubby |
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Posted by CN Staff on February 16, 2006 at 08:04:46 PT By Penne Usher, Journal Staff Writer Source: Auburn Journal 
California -- A new legal team representing medical marijuana activist Steve Kubby appeared in an Auburn courtroom Wednesday requesting their client's case be heard by Judge John Cosgrove.Cosgrove presided over the original jury trial in which Kubby, 59, was sentenced in 2000 to 120 days jail time for possession of psilocybin and mescaline. "What I want to do for Steve is have the case sent back to Cosgrove for a complete felony sentencing to occur," said Kubby's new attorney David Nick in a telephone interview. Nick did not appear in court, instead sending a representative. Nick said that during the original case Cosgrove reduced the psilocybin charge to a misdemeanor. "Cosgrove agreed with me on the motion and sentenced (Kubby) to 12 days. We believe the sentence was an act of judicial balancing." Kubby faced a jury trial in which he was convicted of possession of psilocybin and mescaline and sentenced as a felon by Cosgrove. Chris Cattran, deputy district attorney prosecuting the case, said Cosgrove's decision was appealed and the appellate court agreed with the prosecution and reinstated the charge as a felony. "(Kubby) doesn't have to be re-sentenced," Cattran told the court Wednesday. "We're here on a violation of probation." Judge Robert McElhaney told the defense Wednesday that Cosgrove has since retired and the matter will be revisited at 8:30 a.m. Friday in Dept. 13 of Placer County Superior Court. Kubby was allowed to leave Placer County to visit Canada and avoided incarceration in 2000 by not returning as ordered. He was arrested on a no-bail warrant last month and transferred to Placer County Jail where he remains. About 20 medical marijuana activists filled the Auburn courtroom Wednesday to show their support for Kubby who looked tan and appeared to have regained some of his weight. Wearing an orange jail-issued jumpsuit the one-time gubernatorial candidate and co-author of Prop. 215, California's Compassionate Use Act, looked appreciatively around the court at the throng of supporters. Several spectators waived to Kubby and blew kisses in his direction as they left the courtroom, to the admonishment of the bailiffs. Members of the Compassionate Coalition.org, Hemp Evolution and other medical marijuana advocates held signs in front of the jail Wednesday that read "Healing is not a crime, free Steve Kubby, Don't jail the Ill," and "Stop terrorizing patients." Kubby contends he must have marijuana daily in order to survive and stave off the affects of a rare form of adrenal cancer. He credits a Canadian doctor who agrees with him, but a department chairman and UC Davis cancer specialist has said there is no scientific evidence to Kubby's claim that marijuana is keeping him alive. 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 Wednesday's appearance and could not be reached for comment. 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: Judge switch requested for medical pot advocate. Source: Auburn Journal (CA) Related Articles & Web Site: The Kubby Chronicles Jailed Medipot Activist Withdraws Request Kubby No Longer Seeking To Use Marijuana Is Kubby's Fight About Medical Marijuana? Home Comment Email Register Recent Comments Help |
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| Comment #6 posted by FoM on February 16, 2006 at 13:57:37 PT |
| Editorial: Legalize Medical Marijuana *** February 16, 2006 Illinois lawmakers have an opportunity again this session to do the right thing for people suffering from terminal illness or chronic pain who get some relief from the use of medical marijuana. Senate Bill 2568 would allow the use of marijuana under certain conditions and with a doctor’s supervision. Eleven states already have laws allowing prescription marijuana for patients who suffer from AIDS, cancer and other debilitating diseases. Under the proposed Medical Cannabis Act, patients who have been diagnosed by physicians as having debilitating diseases could legally possess up to 12 marijuana plants or two and one-half ounces of usable marijuana. The patient or the patient’s primary caregiver would have to obtain a registry identification card from the Illinois Department of Public Health to legally possess or obtain the marijuana. The law would prevent the person who possesses a valid registry card from being arrested or prosecuted for having marijuana. The situation is complicated, of course, by a U.S. Supreme Court ruling last year that said federal authorities could prosecute medical marijuana users for violating federal drug laws. Snipped: Complete Title: http://www.rrstar.com/apps/pbcs.dll/article?AID=2006102160006 [ Post Comment ] |
| Comment #5 posted by FoM on February 16, 2006 at 12:10:30 PT |
| Kubby Back in Court With New Attorney for Medical Pot Battle *** By Dirk Werkman -- Bee Staff Writer Thursday, February 16, 2006 Story appeared in Metro section, Page B3 Steven Wynn Kubby, involved in a long-running battle to use medical marijuana to treat his adrenal cancer, was back in a Placer County courtroom Wednesday with a new attorney and hints of a new legal strategy. An attorney representing Kubby said he could have had additional rights if he had been sentenced for a felony instead of a misdemeanor when he was convicted in 2000 of possessing the drug mescaline. The attorney, E. D. Lerman of Mendocino, said another attorney who will be taking over Kubby's case would spell out those rights at a future hearing. When Kubby was convicted in 2000, he was sentenced under a law known as a "wobbler," meaning he could receive either a felony or a misdemeanor sentence. Judge John L. Cosgrove of Placer County ruled in 2001 that Kubby's sentence should be for a misdemeanor. But the 3rd District Court of Appeal ruled in 2003 that the sentence should be for a felony. In 2001, Kubby moved to Canada so he could continue taking marijuana for his cancer, temporarily rendering the sentencing issues moot. Snipped: Complete Article: http://www.sacbee.com/content/news/courts_legal/story/14195066p-15021721c.html [ Post Comment ] |
| Comment #4 posted by FoM on February 16, 2006 at 08:59:34 PT |
| If Linda wants to go see Jerry we should do our best to make it possible. What I hope above all things is that he gets released soon. If NORML is helping maybe he will get his sentence reduced. I sure hope so. [ Post Comment ] |
| Comment #3 posted by Toker00 on February 16, 2006 at 08:52:33 PT |
| We could donate the funds for a trip. Just send the money to her. When she gets time off from their business, she could go. Mrs. Sisson, do you get time off much from your business? I have generous time off at work and might even meet someone else there who has time to visit with Jerry. Just a thought. Wage peace on war. END CANNABIS PROHBITION NOW! [ Post Comment ] |
| Comment #2 posted by Hope on February 16, 2006 at 08:52:21 PT |
| http://www.mapinc.org/drugnews/v06/n201/a02.html?397 [ Post Comment ] |
| Comment #1 posted by FoM on February 16, 2006 at 08:12:24 PT |
| This whole case is tragic to me. Hopefully they won't charge Steve with anything else and maybe he will get out sooner then 120 days. I also am very concerned for Jerry. I hope and pray that he won't have to serve two years. Jerry has serious health issues and he needs to be home with his wife. He shouldn't be on the other side of the USA. The isolation really bothers me. How can his wife visit him when they live in Oregon and he is jailed in a federal hospital in Massachusetts? [ Post Comment ] |
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