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  Lockyer Wins Conviction Against Kubby
Posted by CN Staff on June 24, 2003 at 22:55:07 PT
For Immediate Release  
Source: Kubby.com 

medical Sacramento -- 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."

Mr. Kubby's wife, Michele Kubby said the decision is "outrageous, but irrelevant."

"Fortunately, we've been able to show in a Canadian court that the police lied to get their search warrant and this raid should have never even taken place. These judges are threatening my husband's life over some cactus button that none of us have ever seen before and that may or may not be an illegal cactus. We still love America, but this is a perfect example of why left and we are requesting protection from the Refugee Protection Board here in Canada," said Michele Kubby.

"Peyote is completely legal in Canada so this conviction means nothing, except to help us in our refugee claim. Bill Lockyer and these judges mock the law with a decision like this, especially when it is directed against a cancer patient who has never been accused of wrongdoing, except the government," added Mrs. Kubby.

The California Court of Appeal decision can be viewed at: http://www.courtinfo.ca.gov/opinions/nonpub/C038631.PDF

Complete Title: Lockyer Wins Conviction Against Kubby -- Doesn't Count in Canada

Contact: Michele Kubby, 604-885-7651 (working media only, please)

Source: Kubby.com
Published: Wednesday, June 25, 2003
Contact: steve@kubby.com
Website: http://www.kubby.com

Related Articles & Web Sites:

MarijuanaNews.com
http://www.marijuananews.com/

The Drug War Refugees
http://freedomtoexhale.com/smk.htm

Pot Refugee May Be Forced to Leave Canada
http://cannabisnews.com/news/thread15654.shtml

Kubby Appeals To Calif. Supreme Court
http://cannabisnews.com/news/thread12945.shtml


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Comment #4 posted by JHarshaw on June 25, 2003 at 10:11:40 PT
Utter Nonsense
I wonder how long it will be until they decide that since the defendant had substance "A" in his/her possesion, and since all you have to do is mix "A" with "B" which is widely available, to get drug/nerve gas/explosive/whatever "C", then the defendant must have been planning something nefarious and we better put him/her away.

peace and pot

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Comment #3 posted by Dan B on June 25, 2003 at 08:07:09 PT
Don't You Feel Safer?
I am sure that the people of California are thankful to Lockyer for his courageous stand againt that menace to society, Steve Kubby. Yes, Californians can now rest peacefully knowing that a man who has sought and received asylum in Canada cannot return to their state because of two untested cactus buttons found in the Kubby's guest room (Did a guest leave them? Did the cops plant them? Only their hairdresser knows for sure).

I'll harp on this issue again: no government has the right to tell its citizens what they can put into their bodies.

I'll extend this comment to say that no government official has the right to tell its citizens what they can keep in their own homes. If I want to keep a basement full of decapitated mannequins strapped into medieval torture devices and covered in pigs blood, that's my right because it's my basement (although putting actual live people in such devices without their consent would be obviously against the law because then I would be imposing upon the rights of another human being). Anyone else would have the right to call me names and write articles in the paper about what a sick and depraved person I am to keep such things in my basement, but forcibly removing said items from my basement would be an imposition on my right to do in my home what I want to do there.

The same is true for cactus buttons. If the Kubbys want to fill their entire guest room with cactus buttons, that is their right. It wouldn't interfere with anyone else's rights in any way.

I could say that Bill Lockyer is wrong to pursue a felony charge for Steve Kubby's alleged possession of these items, but such a statement would be inadequate. The state of California is wrong for imposing such a law upon its citizens in the first place, and the federal government is wrong to set the precedent of imposing such laws.

In a free society, there are no anti-drug laws. Period.

Dan B

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Comment #2 posted by afterburner on June 25, 2003 at 07:52:47 PT:

A Truly Horrific Precedent.
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.

Not only do the Kubbys claim that they have never seen this alleged peyote button, but the "conviction was for possession of mescaline." This is absurd! The conviction should be overturned: "The mescaline had been extracted from the cactus buttons by an expert for the prosecution," not by Steve Kubby, or even by an unsuspected guest.

Next, they will be charging people with possession of LSD, a Schedule One Psychedelic, because the police "found" a piece of moldy bread with ergot fungus, or a packet of morning glory seeds for the garden. Don't you know, LSD can be "extracted by an expert for the prosecution" from these innocent items?

Or what about that poppy seed bagel? Opium can be "extracted" from a poppy seed "by an expert for the prosecution," and worse still morphine can be "extracted" from that opium "extracted" from that poppy seed "by an expert for the prosecution."

What's the matter with Attorney General Bill Lockyer? He appeals to Judge Charles Breyer to be lenient with Ed Rosenthal, and then, tries to crucify Steve Kubby.

ego transcendence follows ego destruction, the pharmaceutical industry's last gasp: first, they extract bio-chemicals from plants to sell; then, they demonize the plants; now, they extract bio-chemicals from plants in order to silence and/or cage activists who want the truth to be known.

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Comment #1 posted by 312 on June 24, 2003 at 23:25:50 PT
'After two puffs, I was turned into a bat'
Mike Jay reviews Cannabis: A History

http://www.telegraph.co.uk/arts/main.jhtml?xml=%2Farts%2F2003%2F06%2F22%2Fboboo22.xml

Here's an excerpt:

"Booth has no axe to grind, and treads a scrupulous path between the claims of anti-drug propaganda and hippie myth, but the weight of evidence finally forces his hand. The politics of cannabis, he concludes, have been driven by a Big Lie of almost Stalinist proportions, which has had a far more detrimental effect on medicine and the hemp fibre industry than on recreational drug consumption."

Thanks, FoM, the article about the house was the one I meant. I found this article in addition. Very interesting, and worthy of posting.

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