cannabisnews.com: Court To Hear Medical Marijuana Case 





Court To Hear Medical Marijuana Case 
Posted by FoM on February 10, 2000 at 19:41:22 PT
By Jeremy Morrison 
Source: Tahoe World
"I have cancer of the adrenal gland ... very rare, very deadly," said Steve Kubby. "If I get any jail time at all, I'll die." Kubby, a medical marijuana patient and 1998 Libertarian gubernatorial candidate, will stand trial beginning Feb. 15 in Auburn on a number of charges stemming from a search of his Olympic Valley home last January. 
Following a six-month investigation, agents with the North Tahoe Task Force searched the candidate's home and found 265 marijuana plants. The Kubbys are charged with cultivation, conspiracy to cultivate, possession for sale, conspiracy to possess for sale, possession of mescaline, possession of psilocybin mushrooms and possession of hashish. There are also two misdemeanor charges: possession of drugalso two misdemeanor charges: possession of drug paraphernalia and possession of a hypodermic syringe. "In a year and a half investigation, they have yet to find a single sale, and they're not going to," Kubby said, adding that he does not think the prosecution has the evidence to back their case up. "Everything in their charges are vague." Although the couple was alerted to the fact that they were being investigated, said Kubby, they continued to grow marijuana because they believed they were protected by the newly enacted Proposition 215, which allows for the possession, growth and use of marijuana with a physician's approval. "It was basically intended to get sick people off the battlefield," Kubby said of Proposition 215. "We expected a test of the law. If we don't assert our new rights, we lose those rights." Dr. Vincent Dequattro, an adrenal cancer specialist with the University of Southern California Medical Center, said that in Kubby's particular case marijuana does seem to be helping, though he does not know why. "All I can say is it certainly hasn't hurt him," Dequattro said, adding that Kubby has lived with the illness for an unusually long time. "This is an incredible life span for this kind of tumor." Kubby, who was instrumental in getting Proposition 215 on California's ballot in 1996, believes that his bust was politically fueled. "We were told I had been singled out for payback," he said. When investigators knocked on the Kubby's door at 1102 Sandy Way and issued them with a search warrant, it was no surprise. "I just kinda went, 'well, it's finally happened,'" said Michelle Kubby, who faces the same charges. "I handed the warrant to Steve and said, 'we've got problems.' " Due to the number of marijuana plants found at Kubby's residence, officials do not believe he was growing for his personal use. "He's allowed to grow and possess an amount that is reasonably related to his medical condition," said prosecuting District Attorney Christopher Cattran, adding that the amount found at Kubby's house seemed too great to be considered for personal use. "That's their assertion," Kubby said of the district attorney's office's position, adding the Proposition 215 did not put a specific limit on the number of plants a patient is allowed to grow. "They're neither doctors, nor botanists." Kubby maintains that the number of plants he was growing may have seemed large, but that the harvest was meant to last a full year. "We were carefully following the law," he said. "Why are the police involved in this anyway? It's a medical issue?" AuburnPublished: Thursday, February 10, 2000 Copyright, tahoe.com. The Kubby Fileshttp://www.kubby.com CannabisNews Search of Steve & Michele Kubby News Articles:http://www.alltheweb.com/cgi-bin/asearch?type=all&query=cannabisnews+Kubby
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Comment #1 posted by FoM on February 10, 2000 at 20:03:29 PT
Excerpts From Larry King Live - 2/09/2000
Cnn Transcripts from Larry King Live with Bill Maher on February 9, 2000http://cnn.com/TRANSCRIPTS/0002/09/lkl.00.htmlMAHER: I am not anti-kid. KING: What are you then? MAHER: I am pro-adult. There's a big difference. KING: You think there's a -- oh, there is? MAHER: Larry, there's a lot of hiding behind kids in this country. And adults are getting sick of it, you know. KING: You said a lot of people agreed with you last time. You heard from people... MAHER: I heard from so many people who said, thank you for sticking up and talking about us, because in this country, where there is this great conformity, it's just not politically correct to stick your neck out and say, you know what, it is my preference not to have children in my life. I mean, I understand they're good and they're nice and you need them to continue the population, but I don't think we should be applauding people just because they spawn. And we don't really need more people or more population, and we're spoiling the kids that we have. And as I say, we hide behind kids for issues. You know, there are people rotting in jail. I have a friend who is in jail on a marijuana charge. And the reason why he's in jail is because people in this country think it is so important to keep drugs away from kids that everything else can be sacrificed, including a lot of the Constitution of the United States, which is going down the drain in the drug war. And I don't think, you know -- drug test your kids. They want to do that? I say fine. Fight the battle with the kids. Don't fight it with athletes, and grown adults and everywhere else. Fight it there, and stop using kids as a shield for issues. 
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