cannabisnews.com: Kubby Wants To Smoke Pot During Trial 





Kubby Wants To Smoke Pot During Trial 
Posted by FoM on March 02, 2000 at 13:41:12 PT
By Jessica R. Towhey, Journal Staff Writer 
Source: Auburn Journal
Steven Kubby's attorney introduced a motion Wednesday asking that he be allowed to smoke marijuana during his medical marijuana trial.Dale Wood said the seriousness of Kubby's adrenal cancer requires him to "medicate" roughly every hour-and-a-half. Additionally, Wood requested that if Kubby is searched coming into the courthouse, he not be arrested for carrying an illegal substance.
"His blood pressure and excessive amount of adrenaline appear to be controlled with regular dosages of marijuana," Wood said, adding Kubby smokes more than 7 pounds of marijuana a year to control his symptoms."As long as he's a bona fide medical marijuana user, he should be allowed to medicate," Wood said.Assistant District Attorney Gene Gini, however, said a clear question exists as to the value of Kubby's physician recommendation for medical marijuana. However, he did agree with Wood that if Kubby is allowed to medicate, he should be in an isolated location."It would be preferable to medicate where he is not in the presence of the jurors or anyone else," Wood said.Joseph Farina, attorney for Michele Kubby, said she would not be medicated since she is nursing her 3-month-old daughter.Both Kubbys have physician recommendations for medical marijuana usage under the Compassionate Use Act of 1996. Although the act is a key plank in the Kubbys' defense case, it would not be allowed if Judge James Roeder approves a motion prosecutors made Wednesday to exclude medical marijuana as a defense.According to Deputy District Attorney Chris Cattran, the Compassionate Use Act – the formal name of Proposition 215 passed by voters in 1996 – was designed for seriously ill Californians. Under that designation, Michele Kubby's irritable bowel syndrome is questionable as is Steven Kubby's claim that medical marijuana aids in staving off his adrenal cancer, Cattran said."To date, we had received no medical records to indicate the Kubbys' conditions prior to obtaining a recommendation from a physician," Cattran said.Although records indicate Steven Kubby suffered from the rare form of cancer after the Jan. 19, 1999 arrest at the Kubby's Olympic Village home, Cattran said the recommending physician – Dr. Charles Kellermyer of Tahoe – was not actively treating Kubby."There should be documentation or case studies we can look to to determine if medical marijuana is appropriate," Cattran said.But Dale Wood, Steven Kubby's attorney, said the Compassionate Use Act does not say a patient must have a certain illness in order to qualify for a medical marijuana recommendation."The act says any illness," Wood said. "It doesn't say it has to be a serious illness. Unfortunately, the law is not real clear."And Joseph Farina, Michele Kubby's attorney, said it was "outrageous" for the prosecution to try and go behind the voter-approved statute's wording. The language contained in the act says patients must have a recommendation from a licensed California physician, which the Kubbys have, he added.Additionally, Cattran introduced a motion to exclude medical and psychological exam results from after the Kubbys' arrest.The defense intends to introduce testimony and medical records from Dr. Vincent DeQuattro of the University of Southern California who diagnosed Steven Kubby's cancer more than 20 years ago. Cattran, though, said DeQuattro's testimony would have no relevance if the Compassionate Use Act defense is allowed.Again, Wood disagreed with Cattran's assessment."The relevance of any post-arrest examination is a confirmation of a preexisting medical condition," Wood said.Although Wood said traditional Western medicine has not aided in the treatment of Kubby's cancer, Gini said the prosecution intends to introduce a study recently published by Dr. J.C. Sisson in which Sisson claims to have success in treating adrenal cancer with traditional methods.Jury selection in the case will begin Monday. A series of hearings to determine whether witnesses to be called by both sides are qualified to testify as experts will begin Tuesday. Published: March 2, 2000Related Articles & Web Site:The Kubby Fileshttp://www.kubby.com/Kubby Trial Postponed While Attorney Unavailable http://www.cannabisnews.com/news/thread4835.shtmlTrial Begins for Former Gubernatorial Candidatehttp://www.cannabisnews.com/news/thread4826.shtmlCannabisNews Search On The Kubby Case & Medical Marijuana Archives: http://cannabisnews.com/news/list/medical.shtmlhttp://www.alltheweb.com/cgi-bin/asearch?type=all&query=cannabisnews+Kubby 
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Comment #6 posted by kaptinemo on March 03, 2000 at 18:42:46 PT
A dangerous supposition
The problem, friend Pete, is that the US government has shown little sign of the rationality required to come to the conclusions you and the rest of us reached long ago. If you recall, the 'medical defense' was tried - and summarily rejected - in the McCormack and McWilliams trials. The judge simply wouldn't allow it. To allow the medical defense is like pushing a self-destruct button, and the entire prohibition mechanism would obligingly disintegrate. Rather messily, too. The DrugWarriors have well-and-truly painted themselves into a corner with 63 years worth of lies. They are at the point where they can no longer afford to appear weak; they know the legal wolves are just waiting to dismember them for having destroyed so many otherwise law-abiding people's lives. They can no longer maintain a pretense of reason; the lies of their propaganda machine are regularly challenged - now openly, in the same Press which used to swallow those lies with nary a wince. The best historical analog I can think of is that of Hitler's Bunker; the DrugWarriors one-upmanship games with each other. They tell each other they are winning. Their leaders dream up ever more fantastic schemes to fight a lost cause (Agent Orange and loosing killer fungus in Colombia of all things!). But all the while the artillery of the anti-prohibition movement is getting closer and closer. All they have now is the last refuge of the morally bankrupt yet physically strong: force. All they've got left now is intimidation. And, just as you had mentioned, to deprive Kubby of his medicine - as they threatened to do with McWilliams - by incarcerating him is a de facto death sentence. It worked in the McWilliams trial, and will work again in the Kubby trial. Because in their blind arrogance and madness, they simply don't see themselves as creating martyrs. They see themselves as garbagemen taking out the trash. And can't for the life of them understand why anyone would plead a case for saving what they think of as rubbish. 
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Comment #5 posted by Pete W on March 03, 2000 at 10:55:09 PT
Kubby - a view from a UK observer
I've been following this case for a few months now, and it seems to me that the government is in a MUST LOSE position whatever the eventual outcome of this 'trial'. If Steve is found guilty and is sent to prison, then he will die without his medication. Steve then becomes a martyr. Prohibition, at least medical prohibition, could not survive long after such an outcome. If Steve wins this case then medical marijuana will finally become reality in California. I think the prohibitionists will go for a damage limitation job here, possibly guilty but with an 'at home' sentence with no major legal points scored, but the publicity would probably swell the ranks of those opposed to medical prohibition, and thats bad news for McCaffery. If Steve IS jailed, he would no doubt miraculously become the 9th beneficiary of the Federal IND programme. Again though, not good news for McAnslinger. I cannot see how the government position can benefit one iota from this trial. I sincerely hope that Steve wins, not just for himself but for all of us around the world that need our medicine. Prohibition worldwide cannot end unless it happens in the US first, primarily because of the US 'certification' of 'complying' countries. If Britain tried to legalise cannabis, there would be calls for 'de-certification' along with the massive diplomatic pressure that goes with it. Therefore the UK will not budge an inch on prohibition, the economic and historical ties are just too strong. The rest of Europe is going very much in the way of 'Harm Reduction', so it puts us in the UK very much out of step with Germany, Holland, Spain, Italy, Switzerland etc. Therefore its up to you guys to sort it out. If Kubby wins, this could be the catalyst that could free us all within 10 years.
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Comment #4 posted by Chas on March 03, 2000 at 08:11:27 PT:
Kubbys Trial
  I agree with Dr. Ganj the more medical cases that are won, the fewer we will see go to trial. The Kubbys havethe state law on there side, and many supporters in the feild.. We are behiend you 100%!! Goodness will ALWAYSprevail over evel!!Chas.  :)
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Comment #3 posted by FoM on March 02, 2000 at 18:14:56 PT
They might just win!
I'm just so proud of you Dr. Ganj and your wife! I feel so special that you have been so kind to me! I think with the spirit of the Kubby's this might just turn out all right! Thanks to everyone that visits Cannabis News to comment or just read. We have good people here and I'm very happy about that above all things!Peace, FoM!
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Comment #2 posted by Dr. Ganj on March 02, 2000 at 17:51:23 PT
Imminent Placer County Acquittal
Prop 215 states quite clearly; "or for any other illness in which marijuana provides relief". The voters of California read this, understood this, and voted for this. To try and exclude people because the illness doesn't seem serious enough is absurd.When a licensed physician and his/her patient discuss the use of this herbal approach in helping the patient, that's all that is needed.For the D.A. in Placer county to try and prevent the jury knowing this is a medical marijuana case shows how desperate and wicked they are. The prosecutors are going to spend thousands of tax dollars, and lose this case, and for what?  The good news is, that as more medical marijuana cases win in court, nationwide, I might add, we will see less cases taken to trial due to the low percentage rate of conviction.Also, I'd like to mention my wife and I operate a cannabis club in Oakland, California, and all our members legally use marijuana for a wide variety of illnesses. We've seen drastic improvement from severe headaches to helping people with extreme pain due to terminal cancer. Try telling these people marijuana doesn't work. See what the jury would say to the prosecutor.It's been a long battle, but the rights of the patients demand we take all these cases to trial. See you all in court.Dr. Ganj
http://vote96.ss.ca.gov/Vote96/html/BP/215text.htm
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Comment #1 posted by kaptinemo on March 02, 2000 at 16:43:58 PT
Baffling them with BS
More proof the antis are scrambling:'According to Deputy District Attorney Chris Cattran, the Compassionate Use Act – the formal name of Proposition 215 passed by voters in 1996 – was designed for seriously ill Californians. Under that designation, Michele Kubby's irritable bowel syndrome is questionable as is Steven Kubby's claim that medical marijuana aids in staving off his adrenal cancer, Cattran said. "To date, we had received no medical records to indicate the Kubbys' conditions prior to obtaining a recommendation from a physician," Cattran said. Although records indicate Steven Kubby suffered from the rare form of cancer after the Jan. 19, 1999 arrest at the Kubby's Olympic Village home, Cattran said the recommending physician – Dr. Charles Kellermyer of Tahoe – was not actively treating Kubby. "There should be documentation or case studies we can look to to determine if medical marijuana is appropriate," Cattran said.'This is especially ridiculous: How can there be any studies to determine if MMJ is appropriate to treat adrenal cancer when the Feds threaten to arrest anyone who dares research MMJ in conjunction with treating *any* disease?But the final bit is the real kicker: 'Although Wood said traditional Western medicine has not aided in the treatment of Kubby's cancer, Gini said the prosecution intends to introduce a study recently published by Dr. J.C. Sisson in which Sisson claims to have success in treating adrenal cancer with traditional methods.'Yes, and I wonder if any of this Dr. Sisson's patients have lasted as long as Kubby has (20 years!!!) by using his 'traditional methods'. I've seen those 'traditional methods' up close (surgery, chemo, and cobalt radiation) and few of them offer anywhere near more than five years life (if you can call it living being minus several major organs and constantly in pain) beyond the treatment. Kubby has had FOUR TIMES THE AMOUNT of expected life. How can they explain that away? 
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