cannabisnews.com: Lockyer Won't Intervene in Kubby Case 





Lockyer Won't Intervene in Kubby Case 
Posted by FoM on January 09, 2000 at 09:24:07 PT
By Gus Thomson, Journal Staff Writer
Source: Auburn Journal
Embattled pot proponent Steven Kubby shouldn't hold out much hope of intervention from the state Attorney General's Office in his bid to to have Placer County law enforcement back off on prosecuting him.Kubby's case got even stranger this week when the former Libertarian gubernatorial candidate accused sheriff's deputies in Placer County of "attempted murder" by withholding during a three-day jail stay the marijuana he contends is needed to stave off a rare and potentially fatal disease – malignant pheochromocytoma. He asked the Attorney General's Office this week to intervene.
A spokesman for Lockyer's office said Kubby's latest request is the most recent in a series of missives that now stands 6 inches high. Nathan Barankin, the Attorney General's communications director, said the office will review and respond "as quickly as possible" but that state intervention is unlikely."It's a rare occasion indeed when this office interferes with local law enforcement enforcing the law," Barankin said. "We're not aware of any information that suggest we ought to break with that practice."Kubby and his wife Michele Kubby were charged with possession of marijuana for sale after sheriff's investigators raided their Olympic Valley home and discovered 265 pot plants growing inside.Kubby's contention is that he was in compliance with Proposition 215, 1996 Compassionate Use Act.Kubby's case is scheduled to go to trial Feb. 15 in Auburn.Both Sheriff Ed Bonner and District Attorney Brad Fenocchio have maintained a policy of "no comment" while the case is still pending in court.Kubby has also sent a letter to the Placer County grand jury asking for an investigation. The request is under the letterhead of the American Medical Marijuana Association, which Kubby said he is national director of. Published: January 9, 2000Copyright Auburn Journal. Related Articles & Web Sites:215 NOW!http://www.215now.com/The Kubby Fileshttp://www.kubby.com/AMMAhttp://www.kubby.com/AMMA.html Kubby Claims He Was Nearly Killed During Jail Stay-1/09/2000http://www.cannabisnews.com/news/thread4213.shtmlMedical Pot Defendant Asks Lockyer To Step In - 1/06/2000http://www.cannabisnews.com/news/thread4197.shtml
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Comment #2 posted by Dr. Ganj on January 09, 2000 at 11:07:23 PT
Kubby trial
Well said, kaptinemo!This will be an interesting trial, and as I predicted before, they will be acquitted.The cops contend that too many plants were grown, and what will happen, as has happened before, because Prop 215 never addressed the amount of plants one can cultivate, it will be up to an expert witness like Chris Conrad to educate the jury on how many plants it does take to supply a patient with a serious medical problem. As to sales, that is a desperate charge by the prosecutor, and will never be a factor in this trial.After their acquittal, they will file multiple lawsuits, and that is where it's going to affect the cops' decision making in the future, as to whether or not to take on medical marijuana users/growers. Take their money, and they take notice.The Kubbys should be commended for their strong position, as many other couples facing similar charges would acquiesce, and go for a plea bargain.Folks, please learn from this brave couple, as they are standing up for their rights under the law of California, voted by the people of California. This is exactly what Prop 215 intended. To allow sick people to use marijuana, and exempt them from prosecution.One more time, people....do not plea bargain. Go to trial. Do not give up your rights. All it takes is ONE person on the jury to say "Not guilty", and you are aquitted. Sure they could re-file charges, but that would cost around $20,000 for another trial, and that's what will break them.  If everyone went to trial, we wouldn't have a "Drug War".It's that simple. TAKE THEM TO TRIAL! Even for a traffic ticket, and especially for any drug charge!See you all in court.Dr. Ganj 
http://home.igc.org/~canorml/news/mendoinit.html
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Comment #1 posted by kaptinemo on January 09, 2000 at 09:47:13 PT
McWilliams, revisted
As I had mentioned before during the McWilliams/McCormick trial, the intent of law enforcement in that trial was to send a chilling warning to those who are literally dependant upon cannabis to continue living.The warning, plain and simple, was that if they continue their crusade against the insane cannabis laws of the country (and whereby threaten the economic livelihood of police departments everywhere) they will be killed.Not with something as crude - and stupidly obvious - as a bullet. Nope, all they have to do is incarcerate them long enough that the lack of their medicine will cause irreparable damage to their immune systems, ensuring that the conditions staved off with cannabis usage will erupt again in life-threatening ways.Devilishly clever. They can say that they are not killing anyone, just upholding the law. And their message comes through loud and clear. Kubby is finding this out right now.
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