cannabisnews.com: Medipot Advocate Gets Early Release From Jail





Medipot Advocate Gets Early Release From Jail
Posted by CN Staff on March 08, 2006 at 07:12:21 PT
By Penne Usher, Journal Staff Writer
Source: Auburn Journal
California -- Placer County Jail officials released medical-marijuana activist Steve Kubby after he served one-third of his 120-day sentence because of overcrowding and his good behavior."He received credit for time served and was released early because of our overcrowding situation," Capt. John Fitzgerald, commander of the jail, said Tuesday.
Kubby, 59, has been incarcerated since returning to the United States from Canada after leaving the country to avoid a 120-day jail sentence in 2000.The jail is federally mandated to release inmates when it reaches a 90-percent capacity to avoid reaching 100 percent capacity of 540 inmates."We start with our first order of release on a scale from one to 10," he said. "For example, petty theft of something with a value less than $400 is a misdemeanor. That type of person would be the first we'd look at for releasing."The scale ranges from a level 1- a fresh arrest for a misdemeanor - to a level 5, misdemeanor warrant arrest for assault, and level 10 - felony warrant arrest for felony property crimes except burglary. "Kubby's charge of possession of drugs is a non-violent crime and fell toward the lower range of the scale," Fitzgerald said. "We treated him the same as we treat anybody else in his position."Kubby walked out of the jail a free man - at least for now.He is scheduled to return to Placer County Superior Court March 14 to address his violation of probation charges.Kubby, dressed in a navy blue suit and tie, stopped by the Auburn Journal offices Tuesday morning. He said he'll be staying in the Auburn area at least until his next court date. His wife, Michele, and their two young daughters are staying with Michele's parents in Laguna.Kubby said his incarceration and paying for his medication and legal counsel have taken its toll financially."It's been very difficult. But we're finding that we have a lot of friends that have helped us," he said.While in jail, Kubby was supplied with Marinol, a synthetic form of THC, the active ingredient in marijuana."The Marinol costs $65 a day. For 40 days that's quite a bit of money," Kubby said.Donations were collected for his medication.It was Kubby's ex-wife who handled the solicitation of funds for the Marinol."I think I tapped out everybody," Rebecca Maidman, Kubby's ex-wife, said Tuesday in a telephone interview. "It was great they came through."She said she's pleased that her ex-husband has been released from custody.Additionally, Kubby has solicited donations via his Web site since leaving the United States for Canada."That is for his defense fund," Maidman said. "Michele said they are about $35,000 in debt from paying for his legal counsel."Michele Kubby could not be reached for comment Tuesday.While in Canada, Kubby said he supported himself and his family while still finding time to ski more than 600,000 vertical feet in a year, in 2005. He said he skied on million vertical feet in 2004 and he appeared regularly on TV."I produced POT TV news and we did CDs for medical marijuana patients," Kubby said.Kubby was convicted in 2000 for possession of psilocybin and mescaline and was ordered to serve 120 days in jail. He left California for Canada and failed to return as ordered. He was arrested in January after being deported from Canada.Kubby contends he must use marijuana daily in order to stave off the affects of a rare form of adrenal cancer that he says he has battled for 30 years."There are tumors and they are malignant," Kubby said. "I've been told I shouldn't (have) survived more than two years."In spite of harsh criticism from Kubby supporters during his incarceration, Kubby said "things have changed" in jail since his original incarceration in 1999.In a letter dated Feb. 8 to jail staff, and sent to the Auburn Journal, Kubby apologized to the staff for any negative publicity they received during his incarceration."I am currently receiving excellent care here and have developed a profound respect for the professional and highly dedicated staff and officers here," Kubby wrote.As for his plans for the future, Kubby seemed uncertain."I have a business plan, but I hate to talk about things before I do them," he said. "I won't be out of the media cyclone for awhile."As part of his probation Kubby is required to check in with his probation officer monthly and alert them if he intends to leave California.Source: Auburn Journal (CA)Author: Penne Usher, Journal Staff WriterPublished: Wednesday, March 8, 2006 Copyright: 2006 Auburn JournalContact: ajournal goldcountrymedia.com Website: http://www.auburnjournal.com/Related Articles & Web Site:The Kubby Chronicleshttp://www.kubby.org/California Frees Pot Activisthttp://cannabisnews.com/news/thread21647.shtmlJailed Medipot Activist Withdraws Request http://cannabisnews.com/news/thread21567.shtmlKubby No Longer Seeking To Use Marijuana http://cannabisnews.com/news/thread21562.shtml
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Comment #4 posted by FoM on March 08, 2006 at 18:35:22 PT
Would Marijuana Legalization Increase the Demand?
Would Marijuana Legalization Increase the Demand for Marijuana?***From Mike MoffattHere's a question a reader sent me after reading Should Governments Legalize and Tax Marijuana?.Q: I had a questions concerning your article on the economics of the black market and should marijuana be legalized.Even thought there would indoubtably be an outward shock in the demand for marijuana, do you feel that it would be a short-term or long-term shock given that the drug is so readily available?I feel that there would be an outward shift in the long-run supply side of the market. Although there would be a short term shock, the drug is very easily attainable today and anybody who feels like trying it can do so with very little trouble.Complete Article: http://economics.about.com/od/marijuanalegalization/a/marijuanademand.htm
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Comment #3 posted by FoM on March 08, 2006 at 07:58:31 PT
Related Article from The Globe & Mail
Pot Activist May Face New Charges***After six weeks in a U.S. jail for possession, Steve Kubby is free, but still in a legal bind.By Sharron KariMarch 08, 2006VANCOUVER -- Medical marijuana activist Steve Kubby is free after spending nearly six weeks in a California jail, but his legal problems are not over.The former B.C. resident has a court hearing scheduled for March 14 in Placer County, Calif., when it is expected prosecutors will say whether Mr. Kubby will face charges of violating his probation as a result of moving to Canada with his family in 2001."Our position will be a medical defence," said Mr. Kubby, who indicated he is in good health although he lost nearly 30 pounds (14 kilograms) while in custody. He suffers from a rare form of adrenal cancer and explained that in 2001, he did not believe U.S. authorities would allow him to use marijuana, which he says controls his symptoms. "I truly believed my life was on the line," he said during a phone interview yesterday from Auburn, Calif. Mr. Kubby, 59, was released from the Placer County jail on Monday night after serving one-third of a 120-day sentence originally handed down in 2001 for possessing part of a psychedelic mushroom and a peyote button. The drug possession conviction came after Placer County prosecutors failed to convict Mr. Kubby on charges he was selling marijuana to compassion clubs.The early release was a result of good-behaviour credits issued to Mr. Kubby and because of an overcrowding problem, said Captain John Fitzgerald, who is in charge of the Placer County jail. Mr. Kubby earned a reduction in his sentence through a jail credit program known as "good time-work time." With a shortage of beds, the jail is focused on ensuring there is space for people in custody on more serious charges, such as murder, Capt. Fitzgerald said.Placer County district attorney Chris Cattran, who prosecuted Mr. Kubby on the marijuana trafficking and other drug charges and is still in charge of his case, did not return calls seeking comment yesterday.Mr. Kubby, his wife Michele and their two young daughters had been living in Sun Peaks until January, when Mr. Justice Yvon Pinard of the Federal Court of Canada rejected their request for a stay of a removal order.The judge said it was "speculative" that Mr. Kubby would be sent to jail or that his health would be at risk.The onetime Libertarian candidate for governor of California was immediately taken into custody upon his return to the United States.The first few days in custody were very difficult on his health, although medical officials and guards at the jail were eventually very helpful, Mr. Kubby said.He was denied marijuana but allowed to use Marinol, a synthetic form of THC manufactured by a large pharmaceutical company. The Marinol he received cost $65 a day, Mr. Kubby said, but it helped keep his blood pressure under control, and only marijuana plants have been more effective in dealing with his symptoms. His supply of the drug was paid for by donations.His wife and daughters, who are 9 and 6, are with relatives and did not see Mr. Kubby in jail.Copyright: 2006 Bell Globemedia Publishing Inc.http://www.theglobeandmail.com/servlet/story/LAC.20060308.BCKUBBY08/TPStory/National
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Comment #2 posted by FoM on March 08, 2006 at 07:35:39 PT
News Article from Snipped Source
Freed Pot Activist Thanks S.F. Supervisors for Support***By Herbert A. Sample and Art Campos -- Bee Staff Writers Wednesday, March 8, 2006SAN FRANCISCO - Steven Wynn Kubby, the medical marijuana advocate who on Monday night was released from Placer County jail, thanked this city's Board of Supervisors for supporting him and afterward gushed about how he and Placer County Sheriff Ed Bonner bonded."I'm glad to be alive," Kubby told reporters after appearing before the supervisors Tuesday. 
 
 Bonner "told me that law enforcement has to change because society is changing," Kubby added. "Then he told me they were going to release me but first he was going to go to the Placer County district attorney and ask him to quote, unquote, bury the hatchet."Kubby, who suffers from inoperable and terminal adrenal cancer, was released from jail after serving a third of a 120-day sentence for a 2000 drug conviction.Placer County Undersheriff Steve D'Arcy said Kubby was one of 47 inmates released from the jail since Feb. 28 because a court order prohibits overcrowding."We have roughly 600 beds for prisoners and it is a constant balancing act of bringing in fresh arrests and releasing people who have followed all the jail rules and gotten credit for good behavior and for time served," said D'Arcy.In January, the San Francisco Board of Supervisors passed a resolution supporting Kubby after he was arrested at San Francisco International Airport upon his return from Canada, where he had fled. He was eventually deported to face his sentence.Snipped:Complete Article: http://www.sacbee.com/content/news/medical/story/14227186p-15050946c.html
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Comment #1 posted by FoM on March 08, 2006 at 07:28:15 PT
Steve and Michele
I hope now that the both of you and your family will be able to begin a new life very soon and put this all behind you. I appreciate this part of the article:In spite of harsh criticism from Kubby supporters during his incarceration, Kubby said "things have changed" in jail since his original incarceration in 1999.In a letter dated Feb. 8 to jail staff, and sent to the Auburn Journal, Kubby apologized to the staff for any negative publicity they received during his incarceration."I am currently receiving excellent care here and have developed a profound respect for the professional and highly dedicated staff and officers here," Kubby wrote.
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