cannabisnews.com: Activist's Felony Drug Conviction is Restored





Activist's Felony Drug Conviction is Restored
Posted by CN Staff on June 27, 2003 at 08:31:36 PT
By Art Campos -- Bee Staff Writer
Source: Sacramento Bee 
The 3rd District Court of Appeal has reinstated medical-marijuana activist Steven Wynn Kubby's felony conviction for possessing mescaline. The decision reverses a Placer Superior Court judge's 2001 ruling that reduced the conviction to a misdemeanor.The state appellate court's unpublished decision Monday said Judge John L. Cosgrove incorrectly reasoned that mescaline possession could be treated similarly to a related charge against Kubby for possessing psilocyn, or psychedelic mushrooms.
Cosgrove reduced the psilocyn conviction from a felony to a misdemeanor because the crime is considered under the law as a "wobbler" -- one that could be interpreted as either a felony or misdemeanor.The state appeals court said rules of statutory interpretation "do not permit a court to rewrite (the law) and ignore its plain language, which unambiguously makes mescaline possession a felony."Kubby's attorney, J. David Nick of San Francisco, couldn't be reached for comment Thursday.The ruling pleased Christopher M. Cattran, the Placer County deputy district attorney who prosecuted Kubby.Snipped: Complete Article: http://www.sacbee.com/content/news/crime/story/6930107p-7879532c.html Source: Sacramento Bee (CA)Author: Art Campos -- Bee Staff WriterPublished:  Friday, June 27, 2003Copyright: 2003 The Sacramento BeeContact: opinion sacbee.comWebsite: http://www.sacbee.com/Related Articles & Web Sites:Kubby.comhttp://www.kubby.com The Drug War Refugees http://freedomtoexhale.com/smk.htm Lockyer Wins Conviction Against Kubby http://cannabisnews.com/news/thread16684.shtmlPot Refugee May Be Forced To Leave Canadahttp://cannabisnews.com/news/thread15654.shtml
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Comment #6 posted by Dan B on June 27, 2003 at 09:54:52 PT
More evidence of the cultural war
"Peyote is completely legal in Canada so this conviction means nothing, except to help us in our refugee claim." Yes, peyote is legal in Canada, but not here in the United States. Oh, except for some Native Americans who can legally use it in religious rituals (or so I'm told). Which brings me to my rhetorical-question-of-the-hour: Why is it that peyote is only legal for Native Americans in America? To put it another way, why can a Native American use it for religious purposes, but a non-Native American cannot? I'd like to turn this issue on its head for a moment. I don't think it has anything to do with keeping people from using peyote, as the government claims. It has to do with keeping people from exploring other religions. By making peyote acceptable only for people with a certain ethnic and religious background, the government makes a law forbidding anyone who does not share that background from fully exploring that non-Christian religion. The law was meant to keep Christians from adopting the religion of the Native Americans.Of course, this should come as no surprise to most of us. Nowadays the religious right (or, as I like to call them, the "religious wrong") makes no bones about waging cultural war. Just take a gander at Supreme Court Mobster Antonin Scalia's comments regarding the recent decision to strike down anti-sodomy laws: The court "has largely signed on to the so-called homosexual agenda," Scalia wrote for the three. He took the unusual step of reading his dissent from the bench. "The court has taken sides in the culture war," Scalia said, adding that he has "nothing against homosexuals." No, of course he doesn't. Hold on a second--I just sneezed a pig out my nose.Scalia fails to acknowledge that it is he (and people like him) who has been waging war against homosexuals, not the other way around. Only a morally depraved and socially warped individual would claim that the attacked party is the attacker. The same goes for the religious wrong's attacks on non-Native Americans who use peyote (an attack to keep the rest of us from exploring different relgious traditions), and the same goes for their attacks on people who use cannabis for whatever reason. These sustained attacks are designed to cripple non-mainstream-Christian culture. That is the bottom line.Yes, Virginia, there is a culture war. It is directed at anyone who refuses to be shoved into the religious "right's" cramped little box called "like me."Dan B
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Comment #5 posted by FoM on June 27, 2003 at 09:48:27 PT
Important E-Mail News from Steve Kubby
Dear Friends,The Sacramento Bee just published a generic story about my cactus button conviction being turning into a felon. The Bee journalist didn't do his homework and didn't even mention that this is going to be appealed to the California Supreme Court.Enclosed below is my letter to Sac Bee reporter regarding his failure to investigate and accurately report what really happened.You can view the Bee story at: http://www.sacbee.com/content/news/story/6930121p-7879532c.htmlThe California Court of Appeal decision can be viewed at: http://www.courtinfo.ca.gov/opinions/nonpub/C038631.PDFThis is a perfect example of how our leaders and our movement are being criminalized, even if logic and honesty must be twisted beyond recognition.In this case, the judges actually ruled that the more serious charge of felony was called for, because the jury convicted me of mescaline, not peyote. As you may recall, the prosecutors showed the mescaline had been extracted, by THEIR expert, from the cactus buttons found in our guest room.The article ends by claiming that it would be too much trouble to have me extradited, instead of telling the truth that peyote isn't even a crime in Canada and they can't extradite me.Which is worse, that the prosecutors get away with such dishonest tactics or that the media allows these misdeeds to continue unquestioned?Let freedom grow,Steve KubbyLetter To The Editor by Steve KubbySubject: Activist's felony drug conviction is restoredDear Mr. Campos,Scott Concklin, not David Nick, is representing me in my appeal. Had you contacted Mr. Concklin, he would have disputed the allegations made in your story and told you that we plan to appeal this decision to the California Supreme Court.You can reach Scott Concklin at (530) 243-8510Also, I urge you to read what really happened at: The California Court of Appeal decision can be viewed at: http://www.courtinfo.ca.gov/opinions/nonpub/C038631.PDFLet freedom grow,Steve KubbyP.S. Doesn't it strike you as a bit odd that I could be convicted of a felony for some cactus buttons I never saw that were illegally obtained from my guest room? Where is the victim? Where is the crime? 
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Comment #4 posted by Lehder on June 27, 2003 at 09:20:29 PT
Love
>>....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.Mescaline causes one to become pleasantly high and to see multicolored geometric patterns as if looking through a kaleidoscope. As the article says, it's legal to see these patterns in Canada, but the US seeks to imprison Kubby for some tiny buttons that evidently belonged to a guest. >>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.I guess every statement these days must be prefaced with "I love America" if it is to be printed or heard. I'm sick of hearing it.You can obtain organic mescaline, as the expert above produced for the US prosecutors, or synthetic mescaline. Best wishes and lots of love to the Kubbys and Canada.
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Comment #3 posted by druid on June 27, 2003 at 08:59:25 PT
Court of Appeal Decision
http://www.courtinfo.ca.gov/opinions/nonpub/C038631.PDF
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Comment #2 posted by druid on June 27, 2003 at 08:58:52 PT
from the Kubby's
FOR IMMEDIATE RELEASE: Wednesday, June 25, 2003CONTACT: Michele Kubby, 604-885-7651 (working media only, please)LOCKYER WINS FELONY CONVICTION AGAINST KUBBY -- But It Doesn't Count in CanadaSACRAMENTO -- 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.
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Comment #1 posted by WolfgangWylde on June 27, 2003 at 08:45:20 PT
All in all, a net plus for Kubby
Just goes to show that the Drug Warriors are hell bent on putting him in prison, and bodes well for his refugee status application in Canada.
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