cannabisnews.com: Pot Harvest Within Bounds of Law, Attorney Says Pot Harvest Within Bounds of Law, Attorney Says Posted by FoM on October 31, 2000 at 22:09:29 PT By Wayne Wilson, Scripps-McClatchy Western Service Source: Denver Rocky Mountain News His load lightened by a judge's order dismissing three lesser counts, attorney J. Tony Serra formally opened Steve and Michele Kubby's defense Tuesday by telling a jury the couple's marijuana garden complied with the law."This was a medical marijuana grow. It was never intended for sale," Serra said as he extolled his client's dedication to the cause of Proposition 215, the initiative legalizing pot for medicinal use in California. Serra said Steve Kubby, who suffers from adrenal cancer, was the movement's charismatic "fund raiser" and spokesman."He could speak and they would donate. He raised thousands of dollars for medical marijuana ... Proposition 215 would never have occurred without Steve Kubby," Serra said.The Kubbys are on trial in Placer County Superior Court, charged with two counts of conspiracy, cultivation and possession for sale, and four counts of simple possession involving marijuana, hashish, a psychedelic mushroom stem and a minute quantity of mescaline.Three additional counts - alleging possession of an ingestion device by both Kubbys and unauthorized possession of a hypodermic needle by Steve Kubby - were dismissed Tuesday by Judge John L. Cosgrove, who said no evidence had been offered by the prosecution to sustain those allegations.About half the jurors and a few of the Kubbys' supporters in the gallery showed up for trial Tuesday in Halloween garb or makeup, a celebration approved beforehand by the judge.But the mood generated by Serra's opening statement was serious.And it set the stage for what promises to be an aggressive defense.Serra said the Kubbys had a sincere, 100 percent belief they were operating within the law when they grew the 265 plants that were seized by sheriff's deputies on Jan. 19, 1999.They consulted with doctors and their attorneys long before their arrests and were assured their indoor grow was legal, Serra said.Steve Kubby's initial efforts as a gardener were not successful, Serra told the jury. Invasions by spider mites and mold wiped him out in the beginning.But Kubby studied growing techniques, purchased the necessary equipment and concentrated on the strains of marijuana that would assist him in his fight against cancer, Serra said."One witness will come before you and testify that he saw Mr. Kubby burn 10 pounds of marijuana because it wasn't the strain that helped his kind of cancer," Serra told the jury.Is that the act of a marijuana merchant? Serra asked.The Kubby trial will return to Cosgrove's court Nov. 14 and is expected to be concluded by Thanksgiving.Contact Wayne Wilson of the Sacramento Bee in California at: http://www.sacbee.comSource: Denver Rocky Mountain News (CO)Published: October 31, 2000Copyright: 2000 Denver Publishing Co.Address: 400 W. Colfax, Denver, CO 80204Contact: letters denver-rmn.com Website: http://www.denver-rmn.com/Related Articles & Web Site:The Kubby Fileshttp://www.kubby.org/Judge Permits Ghosts On Kubby Jury http://cannabisnews.com/news/thread7499.shtmlKubby Prosecution Ends Not With a Bang but a Whimperhttp://cannabisnews.com/news/thread7487.shtmlPot Trial Focuses On Magic Mushrooms http://cannabisnews.com/news/thread7468.shtmlMedical Marijuana Trial Moves Forwardhttp://cannabisnews.com/news/thread7456.shtmlCannabisNews Articles - Steve Kubby:http://cannabisnews.com/thcgi/search.pl?K=kubbyCannabisNews Medical Marijuana Archives:http://cannabisnews.com/news/list/medical.shtml Home Comment Email Register Recent Comments Help Comment #2 posted by Doctor Dave on November 01, 2000 at 22:03:07 PT Answer: What's an ingestion device An ingestion device is a device that assists you getting a substance into your body. Hypodermic needles are an ingestion device for heroin. A pipe, bong, or a vaporizer might be an ingestion device for pot.Doctor Dave"A nation that makes war on huge numbers of its own people can never truly be free." [ Post Comment ] Comment #1 posted by Happy Hempster on November 01, 2000 at 12:12:26 PT What the F**k is an ingestion device???? What the f**k is an ingestion device????? [ Post Comment ] Post Comment Name: Optional Password: E-Mail: Subject: Comment: [Please refrain from using profanity in your message] Link URL: Link Title: