cannabisnews.com: Is Kubby's Fight About Medical Marijuana?





Is Kubby's Fight About Medical Marijuana?
Posted by CN Staff on February 02, 2006 at 06:31:02 PT
Tahoe World Editorial
Source: Tahoe World
California -- Placer County and Tahoe have had a five year reprieve, but last week the Kubby circus rolled back into town. After being deported from Canada, where Steve Kubby and his family were living after he was convicted on drug charges in 2000, the medical marijuana activist and former gubernatorial candidate is serving his 120-day sentence in the Placer County jail in Auburn.
He contends he will die if not given marijuana to keep his adrenal cancer at bay. So he and his wife and attorney are urging his supporters to call the Placer County Sheriff's Office and District Attorney's office so he can get the "proper medical treatment."Kubby's lawyer has also asked that Kubby be allowed to serve his sentence under house arrest in Marin County. We say enough is enough.The court allowed Kubby to serve his sentence at home with electronic monitoring in 2001, but he opted instead to flee to Canada stating at the time he believed his sentence was a "direct threat to my life." He also acknowledged that he may face jail time as a result of his decision.Kubby has been given ample opportunity to serve his sentence at home and we believe that he could have been done with this ordeal five years ago if he followed the court's orders.Although we sympathize with Kubby's medical condition, it seems that his antics are more about self promotion than advocating for medical marijuana. It seems that he really believes he will die if not given cannabis while in jail, but one look at his Web site -- http://www.kubby.com/ -- and it is clear this is more about the Kubby crusade than an effort to advance medical marijuana. On Friday, the spectacle that has become hopefully the last chapter in Kubby's case continues in Auburn at the Placer County Court House at 8:30 a.m. when the judge decides whether Kubby may serve his sentence under house arrest, again. Already this past week protestors turned up outside the courtroom advocating that Kubby be allowed to use marijuana while in jail. However, deputies are treating Kubby like any other inmate in their custody - as they should. On Friday at least, the community has one more opportunity to watch the show.We recommend bringing some popcorn along in case one gets the munchies.Complete Title: Is Kubby's Fight About Medical Marijuana, or Self Promotion?Source: Tahoe World (Tahoe City, CA)Published: February 1, 2006Copyright: 2006 Tahoe WorldContact: editor tahoe-world.comWebsite: http://www.tahoe-world.com/Related Articles & Web Sites:The Kubby Chronicleshttp://www.kubby.org/Hemp Evolutionhttp://www.hempevolution.org/Supporters Flock as Kubby Appears in Courthttp://cannabisnews.com/news/thread21547.shtmlPot Advocate Requests House Arrest http://cannabisnews.com/news/thread21546.shtmlKubby Case Becoming Media Circushttp://cannabisnews.com/news/thread21539.shtml 
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Comment #24 posted by FoM on February 03, 2006 at 12:15:21 PT
News Brief from KXTV News 10
Kubby Decides Not to Press for Pot in Jail***Written for the web by Elizabeth Bishop, Internet News Producer  February 3, 2006 
 
 
Medical marijuana crusader and former gubernatorial candidate Steve Kubby is not pressing his request to use marijuana for medicinal reasons in jail.At a hearing to consider his request, his attorneys took the request to have marijuana put in his food off the table for now. Kubby claims the marijuana relieves symptoms of a rare type of cancer and claims he will suffer and die without it in jail. Now he says he is taking the drug Marinol and says that is working satisfactorily.Kubby was arrested for possession of the hallucinogen mescaline and psychedelic mushroom. He was sentenced in 2001 but fled to Canada where he sought refugee status, claiming he was persecuted for his advocacy of medical marijuana use. A Canadian court ordered him returned to the U.S. last month.Prosecutors and Kubby's attorneys are reportedly trying to work out a plea agreement that will allow Kubby to serve his sentence at home.Copyright: 2006 KXTV, Inc.http://www.news10.net/storyfull2.aspx?storyid=15719
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Comment #23 posted by Shishaldin on February 03, 2006 at 12:15:11 PT
Tahoe World comments...or lack thereof
24+ hours and counting since I posted my rebuttal to their mean-spirited editorial about Steve Kubby, and yet they still show ZERO comments. Hmmmmm...anybody else post comments there, too?
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Comment #22 posted by ekim on February 02, 2006 at 21:52:49 PT
yes thanks Dr. Ethan
i hope many more DRs will follow your lead 
http://www.leap.cc/events
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Comment #21 posted by FoM on February 02, 2006 at 19:59:04 PT
Hope
Since I found the Hippie Museum web site today I have been going thru it. I found this page about a man I didn't know but he seems like he was very inspiring. This first link is his blog. If you go to the bottom and read up you will read his last few days of being here on the earth. So many good people that we might never met. We got to keep expanding and learning while we all have time.I added the Hippie Museum to my page below.http://stewa.blogspot.com/http://www.hippiemuseum.org/political.htm
My First Web Page I Ever Made
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Comment #20 posted by Hope on February 02, 2006 at 19:54:04 PT
It always is.
 "The anxiety of not facing my own personal demons was worse then the reality of the situation when I stopped and looked it straight in the eye." 
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Comment #19 posted by FoM on February 02, 2006 at 19:46:41 PT
Hope
I think he means that facing this was the only way he would ever be free again. I agree with that. I tried to run from hard things in my past but I only postponed what I had to face. The anxiety of not facing my own personal demons was worse then the reality of the situation when I stopped and looked it straight in the eye. If I hadn't gotten to that point I wouldn't be alive today. Life is hard but if we can push thru the very bad times we all have or will have it can be wonderful on the other side because on the other side is pure and real freedom.
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Comment #18 posted by Hope on February 02, 2006 at 19:30:21 PT
"...happy to read."
Indeed. Me, too. It was wonderful to read. I had to smile and wonder about how he sort of "invented" "The way in is the way out."? I might disagree with him on that...unless he posts regularly here under another well known name."The way in is the way out." :0)Thanks again, El Patricio. Many of us are sure to sleep a bit easier tonight after reading your report.
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Comment #17 posted by Hope on February 02, 2006 at 19:23:16 PT
El Patricio
If you've checked in here often enough, you know "Jerry", that FoM speaks of, as "Runruff".It's not right to put him in prison. He is a danger to no one and he has harmed no one.
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Comment #16 posted by FoM on February 02, 2006 at 18:52:48 PT
ElPatricio 
That was just wonderful to read. It makes me very happy.
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Comment #15 posted by FoM on February 02, 2006 at 18:37:28 PT
Hope
Dr. Russo is the best! I told him we all just love him.
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Comment #14 posted by Hope on February 02, 2006 at 18:35:11 PT
El Patricio
Thank you, so much!
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Comment #13 posted by Hope on February 02, 2006 at 18:33:58 PT
Yay!!! Thank you, Dr. Russo!!!
"Dr. Ethan Russo has provided this doctor with substantial, medical, peer-reviewed research, and the newspaper should go back and talk to him now that he's read the research."
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Comment #12 posted by FoM on February 02, 2006 at 18:25:54 PT
ElPatricio 
Thank You. Please send good wishes to Steve and Michele from us. We also have a loved CNews contributor named Jerry that is leaving for 2 years on the 10th of February. He will be on the opposite side of the United States from his home and family. It is all just terrible.http://www.terryhubbard.com/J/http://www.terryhubbard.com/Let/LetMyPeopleGrow.html
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Comment #11 posted by ElPatricio on February 02, 2006 at 18:12:36 PT:
Kubby Thanks Supporters From Jail
Steve Kubby Thanks Supporters For Improved Medical CareWhat: Excerpts of three phone calls from Steve Kubby in Placer County Jailto journalist Patrick McCartney, (530) 823-3040.Contact: Attorney Bill McPike (559) 841-3366, or (559) 618-0656, cell.Release date: February 2, 2006Pat's note: With Michele Kubby still in transit 
from British Columbia, she has been unable to 
speak with her husband and share his views with 
the public. Steve Kubby has phoned me daily 
during his stay at the jail and asked me to relay 
his comments to the outside world. His mood has 
varied during the calls, as the symptoms of his 
rare medical condition flare and subside. Below 
are excerpts from the three most recent 
conversations. Contact me or check DPFCA archives 
for transcriptions of the first two phone calls. 
Incidentally, I am the former city editor of the 
Auburn Journal, and have followed the plight of 
the Kubbys since their Jan. 19,, 1999, arrest.Tuesday, Jan. 31, 2006, 11 p.m.On his medical care:"Your calls have worked! The Placer County Jail 
and medical staff are now taking my health 
seriously, and showing me respect. The police and 
government are not our enemy. Our real enemy is 
ignorance. This situation with me and Placer 
County is providing an opportunity to educate 
people and defeat our real enemy - ignorance.""Now I want to give you a medical report. Today 
they tested me and confirmed that there was blood 
in my urine, but the blood appears to be 
diminishing each day. My blood pressures are 
high, but not at the dangerous level, not at a 
level that I feel that I'm in a life-threatening 
situation. So I'm getting enough benefit from the 
Marinol so that, despite my being very 
uncomfortable at times, I'm not experiencing 250 
over 220 attacks like I had on Friday prior to me 
taking Marinol.  Since then my b-p readings have 
been approximately like 130 over 110. But you 
see, it goes all over the place; it could mean 
anything. They take it for a couple of days and 
it's completely meaningless. Unless they've got 
me on a 24-hour monitor, they're never going to 
pick up the blood-pressure spikes I have 
throughout the day. I have a good feeling about 
the jail staff that I see, and the medical staff 
that I'm working at, but it's disturbing to have 
them issue press releases saying that I'm just 
fine. How do they expect to be credible with 
that?"On the press coverage he's seen:"I would appreciate it if the media would stop 
making fraudulent, uninformed statements such as 
the following: 1) That I fled to Canada. This is 
completely untrue; I had the court's permission 
to go to Canada. 2) They said in the paper that 
I'm doing interviews with the media, and that's 
baloney. I haven't talked to any media. I've been 
too sick! And that's the other thing. I am sick! 
And I would just hope they would acknowledge that 
and stop ignoring that. And 3) I think it's 
reckless and irresponsible for someone who has 
never examined me, and who is largely ignorant of 
the recent advances in science regarding cannabis 
research, to make statements that are unsupported 
and endanger me, and contribute to this lie that 
marijuana has no medical benefit. Dr. Ethan 
Russo has provided this doctor with substantial, 
medical, peer-reviewed research, and the 
newspaper should go back and talk to him now that 
he's read the research."On the chance that Placer might pursue a felony sentence:"People need to understand that the real problem 
is the Placer District Attorney's office's 
failure to recognize my due process. I've got a 
felony, yeah. When was my chance to appeal this? 
Ever? If he wants to kill me, this is the best 
way to go about it. He wants to convict me of 
felony conviction of the cactus, he wants to turn 
my two misdemeanors into a misdemeanor and a 
felony, and send me to state prison for four more 
for the felony - all this performed nicely after 
deadlines, without legal support, and by [three 
recused judges.]  This is a huge threat to me."On Friday's motion to obtain whole, edible cannabis in jail:"What do I think the best answer is for all of 
this? It may be that we will force the courts 
under a writ of mandamus to uphold the law as it 
is written, that I am entitled to marijuana in 
jail. And if they want to play games with me, 
fine. At least I'll have the satisfaction of 
knowing that hundreds of thousands of prisoners, 
who deserve their medical-marijuana rights to be 
upheld, will be upheld once we establish this 
important precedent. So, they may succeed in 
killing me, but they're going to have to deal 
with medical marijuana statewide in all the jails 
before they're successful. ""Irrespective of whether they're coming after me, 
and I'm sure they are, I want you to explain 
that, if they're going to insist on keeping me 
here in jail until February [15 trial], then we 
are going to force them to uphold my legal right 
to cannabis in jail, not just for me - well 
initially for me - but we intend to open it up 
for every medical-marijuana patient who's behind 
bars.  I think this is the biggest fear that 
they have, and this is the one we have to plan. 
Because according to McPike, we can get a writ of 
mandamus from the court saying that's the law 
dudes; you gotta do it. And they can't say no 
smoking because I'm not asking to smoke; I'm 
going to get edibles."The role that activists played:"I want everyone to know that I'm alive today 
because of their calls. Obviously, I was not 
being taken seriously at first. But I am now! 
They used to make me sir them on everything. They 
told me, stop calling us sir. Now they're calling 
me sir. Mr. Kubby. Sir, we have this or that 
request for you. They're handling me with such 
kid gloves. So, please, thank my supporters and 
tell them how grateful I am that I'm still alive."Phone call ends.Wednesday, Feb. 1, 2006, 11 a.m.McCartney note: Kubby was more agitated during 
this call, describing several political 
strategies he was considering. After reflection 
and after hearing about attorney Bill McPike's 
comments, he asked me the next day to withhold 
portions of his comments.On his medical care:"First a medical report. Doctors are concerned 
about the blood that I'm passing. I've received a 
number of urine and blood tests to find out 
what's going on. But they're on it, they're on it 
big-time. The doctor that's the head of the staff 
here, Dr. David Duncan, is a very qualified, very 
concerned physician, and I'm definitely in good 
care with him and the rest of the medical staff. 
[PM: When was the first time you saw a 
physician?] That's the problem. They checked me 
in on Friday, and I had just had one of the worst 
blood-pressure attacks of my life, which is what 
probably started the bleeding in my urine from 
the kidneys. I come in there. I'm one-seventy 
over one-twenty, I've got chest pains for the 
first time in my life, scared silly to be honest 
with you, and I'm pissing blood. And I don't get 
any medical care until Monday, I don't see anyone 
until Monday. Well, that was bad. But once they 
found out what was going on, they were all over 
me, doing everything they could do to help me. 
These are actually very dedicated, very qualified 
people. The jail people are really treating me 
well."Phone call ends.Thursday, Feb. 2, 2006, 2 p.m.McCartney note: Steve sounds as well as he has 
at any time since arriving in Placer County. He 
again takes the time to praise the medical staff, 
and discusses Friday's hearing. Most of the 
conversation involves Steve asking for 
information from the outside world, as his 
isolation continues.On having second thoughts about a discarded political strategy:"I've had a bit of an epiphany. What I realized, 
and I said before, police and government aren't 
the enemy. What I realized from that is that, I'm 
in a position like Ghandi getting hit by the 
stick by the police, as soon as I hit back in any 
way, as soon as I'm perceived as striking back in 
any way, I lose the support and sympathy of 
people."On the Placer jail medical staff:"The first thing I want to say is that it's 
unfortunate I got off to a bad, that things went 
down the way they did when I first arrived here. 
I did have every reason to believe that I was 
being mistreated, but what I now know is that 
none of that was intentional. It's just a matter 
of the medical staff being saddled with an 
incredible number of rules and regulations. And 
what I've learned is the medical staff here is 
world-class. The head nurse is ten years out of 
Stanford hospital. I explained to the medical 
director, Dr. David Duncan, that the University 
of California at Irvine has showed conclusively 
that cannabis affects the production of dopamine, 
and then he finished my sentence by saying, 
quote, 'and dopamine is the precursor to 
catecholamines.' He said, 'That makes sense to 
me.' His willingness to understand the unique 
effect that cannabis has on me has been a 
tremendous benefit in dealing with my health 
issues."On the need for more calls:"I'm asking my supporters to stop calling to 
complain about my treatment in jail, or with the 
medical staff, because now that they understand 
my situation, they are doing everything within 
their power to help me and protect me. I've 
actually met a number of guards here who 
impressed me with their professionalism and 
genuine concern for my welfare."Expectations for Friday:"I'm hoping that this rather unpleasant 
experience of mine will at least provide an 
opportunity to gain recognition for the use of 
nonsmoked, edible cannabis for bona-fide patients.On the status of his health:"The swelling and agonizing pain of my kidneys is 
finally, finally letting up, and I'm not passing 
any more blood. So, that alone is enough to make 
me feel a lot better. It's very disconcerting to 
see blood coming out your urine. Pink on few 
occasions, red on a few occasions."On Tuesday's hearing:"You're not allowed to communicate in any way, 
shape or form. And I wanted people to understand 
that I'm not allowed to communicate with the 
audience in the court, 'in any way, shape or 
form.'"On inmate support:"I'm constantly finding secret messages and 
things like, 'good luck,' and 'we're for you.' 
The inmates know who I am. They're very, very 
supportive. [He declines to describe how the 
messages are conveyed.] I don't want to get 
anyone in trouble. They're letting me know, and 
they're taking somewhat of a risk in letting me 
know."How Marinol is helping:"The Marinol does not provide the level of 
protection that I receive from cannabis, but it 
provides enough protection so that I have not had 
any more full-blown, hypertensive paroxysms."Why the phone calls come at different hours:"They start releasing guys [for their one hour a 
day out of their cells] at one end or the other 
end, and they seem to alternate, and it's 
completely dependant upon the scheduling. So, 
mine might be the first thing in the morning, I 
might be in the middle of the day, it might be 
the end of the day."Why he didn't flee Canada for a third country:"When it first became apparent to me that I would 
have to leave [Canada] and go somewhere, we had 
invitations from all these different places in 
the world and some of them were quite lovely, but 
it came to me that the best path for me - I had a 
little slogan I invented, 'the way in is the way 
out.' So, it became clear to me that the best way 
for me to heal all of this, and to deal with all 
of this, and most importantly to educate a lot of 
people about all of this, is to go back, turn 
myself in and face whatever was waiting for me."Michele's view of Steve's decision:"We saw this as a healing process. We saw the 
high-level media attention and participation by 
supporters as additional protection, not against 
just the police, but against ignorance and 
apathy. It certainly has been addressed by all 
this wonderful support on my behalf. So, when I 
briefly got to speak to Michele, I said 
everything is going according to plan, and I 
believe she understood by that, that what we had 
discussed about coming down here while we have 
the media's attention, while we have the support 
of the people, while I was strong from having 
skied all that time up in Sun Peaks. This winter 
I skied over 60 days [and a million vertical feet 
the year before]. Each day that I skied and 
released my adrenaline, was a day that my body 
could heal without a load of adrenaline. That's 
why skiing is so good for me. Exercise, ride the 
chair, exercise, ride the chair. So, I got myself 
in the best shape I've been in since Michele knew 
me, so we felt healthwise it was my best 
opportunity. We also felt that, unlike before 
when I had no representation and they wanted me 
to come back and turn myself in? This time, I 
have a lawyer that I really have a lot of 
confidence in, Bill McPike."
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Comment #10 posted by FoM on February 02, 2006 at 14:40:26 PT
Video: Medical Marijuana Advocate Appears in Court
http://www.news10.net/storyfull2.aspx?storyid=15655
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Comment #9 posted by whig on February 02, 2006 at 11:41:56 PT
Shishaldin
Well said!
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Comment #8 posted by Shishaldin on February 02, 2006 at 11:33:52 PT
My comment 
Here's the comment I just added to Tahoe Worlds comment section for the article. Thanks to siege and afterburner for their links!
---------------No, WE say enough is enough!Steve Kubby did not rape, steal from, or harm anyone. So, why the 120 day sentence? Your editorial says "drug charges". What was involved with these "drug charges"? Two things:
1. Felony possession of mescaline
2. A psychedelic mushroom. ONE.
You'll note that Marijuana is not in the list. The jury acquitted Steve because he was within California LAW to grow the plants he had in his home under Proposition 215.The one mushroom was actually a fragment and the Placer County judge dropped the charge to a misdemeanor because of the embarrassingly small quantity.That leaves us with the "Felony possession of mescaline". 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. Can you say "manufactured evidence"? Will the perpetrator who manufactured the mescaline be up on charges, too? I doubt it...
I hope I never get caught with a few dozen poppy seed bagels in Placer County, because I could get a felony conviction for heroin under these terms!What a travesty! Steve Kubby is not a dangerous man, except to overzealous prosecutor Chris Cattran and the drug enforcement police who turned his life upside down. There would be no "circus" as you call it, right now were justice allowed to prevail.Steve left California for British Columbia because he wanted to be LEFT ALONE to live his life with his wife and 2 young daughters in peace. Your charges of his self-promotion are baseless. This is a man trying to save his life.If he dies in jail, his blood will be on your hands too...
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Comment #7 posted by Sam Adams on February 02, 2006 at 10:47:35 PT
self-promotion
Oh yeah, moving out to the middle of the British Columbia woods is DEFINITELY the ticket to the big time! No wonder he was fighting so hard to stay up there in Canada. Forget LA! Forget New York! The Canadian boreal forest is the ticket to the big time! Buy a cabin now and before you know it, your name will be up in lights!In our current American society, how could you possibly criticize self-promotion as a sin, anyway? We're one of the most narcissistic human societies ever to walk the Earth! Look at Oprah Magazine - she's on the cover EVERY MONTH!  The hypocrisy of the media outlet criticizing Steve for self-promotion is astonishing. What else would the junk media do if it wasn't for self promotion? They don't have the skill or ability to write about anything useful.Look at our leaders - they're all empty shells of nothing BUT self-promotion. Bush was appointed president by the media 18 months before the 2000 election because he had the most money built up for...you guessed it, self promotion! And guess where the $250 million of self-promoting dollars went....to the media! every penny.If anyone's guilty of self-promotion, it's the DA, for going after Kubby for trivial drug violations. Clearly the best thing to do to avoid publicity for Kubby would've been to treat him like anyone else 5 years ago, just another medical MJ patient. The government made the choice to have some guy hide out in the woods & look into Steve's window with a telescope. The government made the choice to ignore the law and raid and loot his house for LEGAL medical MJ. The government made the choice to jail him for tiny amounts of "drugs" (actually plant matter).
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Comment #6 posted by Max Flowers on February 02, 2006 at 10:00:02 PT
Hey Tahoe World!
Although we sympathize with Kubby's medical condition,No you don't, or you wouldn't be saying what you're saying.  What part of "he will die" do you not get? Kubby will die if he doesn't get his medicine, and that's why he fled---to stay alive and not be killed at the hands of the state. You're advocating that this man with a wife and two kids just go ahead and suffer and die. That's disgusting, your editorial is disgusting and you're disgusting.Enough is enough?! Whoever you are, stupid writer, if you were the one staring death in the face, how would you feel if people were saying "okay, you've been trying to stay alive but enough is enough. Die already"? I doubt you'd like that, you stupid evil person.
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Comment #5 posted by siege on February 02, 2006 at 08:17:26 PT
Tahoe World
Comments:http://www.tahoe-world.com/article/20060201/News/102010009
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Comment #4 posted by FoM on February 02, 2006 at 07:41:22 PT
Anyone Heard How Steve is Doing?
Much of what many people seem to know about the early days of medical marijuana I don't because I wasn't online or didn't know anything about it. I am not into politics so I don't remember hardly anything about Steve Kubby running for governor in 98. It seems like Steve has a few enemies but there again I don't know any details as to why.
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Comment #3 posted by afterburner on February 02, 2006 at 07:23:30 PT
Remember What It's All About:
*Manufactured* ?Evidence?
http://www.cannabisnews.com/news/thread21547.shtml#6
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Comment #2 posted by BGreen on February 02, 2006 at 06:42:58 PT
Grrrrrrr!!!!!!
Steve Kubby would be dead right now if it wasn't for this "Kubby crusade" and "circus," but that just ain't gonna happen now.There would be no circus if it wasn't for Chris Cattran and all of the other clowns working for Placer county California.The Reverend Bud Green
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Comment #1 posted by FoM on February 02, 2006 at 06:34:22 PT
Related Article from Tahoe World
Out of Options in Canada, Kubby Sent Back To Placer*** 
By Kara FoxFebruary 1, 2006 Medical marijuana activist and former Squaw Valley resident Steve Kubby is back in Placer County to serve a 120-day jail sentence for a drug conviction in 2000, after Canada denied his family protection and ordered them out of the country. Kubby, 59, is scheduled to appear in Placer County Superior Court Friday in Auburn, capping off a whirlwind week of deportation, arrest, protests, an arraignment and pleas for his life.Last Thursday, Kubby was taken into custody by San Francisco police when his plane from Vancouver landed at San Francisco International Airport. He was booked at the San Mateo County Jail and was transported to Placer County Jail Friday, where he began his sentence. On Tuesday, Kubby pleaded innocent on a charge of violation of probation. Placer County deputies raided Steve and Michele Kubby's Sandy Way home in Squaw Valley in 1999 and found 265 marijuana plants, peyote buttons and a hallucinogenic mushroom. Kubby contended he needed the cannabis to keep adrenal cancer in remission. In 2000, a jury voted 11-1 for acquittal of possession of marijuana for sale charges, but convicted him on felony drug possession of psilocybin and mescaline. In 2001, he was granted electronic monitoring at home, but instead fled to Canada. He and his wife, along with their two children, were seeking asylum in Canada, but the Canadian Border Services Agency turned down their request in December stating that it was not a "risk to life" if they returned to the U.S. As of Wednesday, Michele Kubby and their two children were making their way to the U.S. During Tuesday's arraignment, Kubby's lawyer, Bill McPike, asked a Placer County Superior Court Judge if his client could use a non-smoking form of cannabis while in jail. Kubby contends that he will die if he is not able to take marijuana for his cancer. McPike also requested for Kubby to serve his sentence under home detention using an electronic device at his new home in Marin County. The judge is scheduled to rule on the request Friday. It is unclear whether Kubby would have to serve more days if prosecuted for the violation of probation charge.Calls to McPike and Deputy District Attorney Chris Cattran were not returned by Tahoe World deadline Wednesday.A number of medical marijuana advocates and patients rallied around the jail before Tuesday's arraignment in support of Kubby."Steve Kubby suffers from a rare form of cancer. He survived longer than anyone with the disease and he credits it to medical marijuana," California Marijuana Party President Tony Bowles said by phone Tuesday afternoon. "He has not received medical treatment [while in jail]. They gave him Marinol, but he needs the whole plant. He is not getting the medical treatment he needs. We support Steve and he stands as testament to medicinal marijuana usage."California Senator Carole Migden (D-San Francisco) even released a statement urging Placer County officials to allow Kubby marijuana while incarcerated. "There is no reason why this medicine would be off-limits in the prison walls, but not outside," Migden wrote. "So I call on the officials from the Placer County Sheriff's Department to follow our state's law and give Mr. Kubby the medicine he needs to live. Whether you agree with the only treatment that has worked for Steve Kubby or not, don't let him die on your watch!"Lt. George Malim said Tuesday that he could not discuss Kubby's medical treatment or condition, but that Kubby received the inmate's rules and handbook like every other inmate in Placer County."He's getting the same treatment as everyone else," said Dena Erwin of the Placer County Sheriff's Office. "To us, he is just one of 500 inmates. He's not smoking marijuana."Kubby ran for governor in 1998 under the Libertarian Party banner and was co-author of Prop. 215, the initiative approved by California voters in 1996 for the legalization of medical marijuana. Friday's hearing is scheduled for 8:30 a.m. in Auburn.- The Tahoe World will have an online update Friday on the Kubby case. Visit our Web site at: http://www.tahoe-world.com/Copyright: 2006 Tahoe Worldhttp://www.tahoe-world.com/article/20060201/News/102010009
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