cannabisnews.com: Deadline Passes for Adopting Marijuana Guidelines 





Deadline Passes for Adopting Marijuana Guidelines 
Posted by FoM on January 17, 2001 at 08:51:24 PT
By Gus Thomson, Journal Staff Writer
Source: Auburn Journal 
A recall effort against Placer County District Attorney Brad Fenocchio is looming after a deadline set by former Libertarian Party gubernatorial candidate Steve Kubby to adopt so-called Oakland guidelines came and went.Monday was the deadline set by Kubby, who spent four months on trial late last year on possession of marijuana-for-sales charges in Placer County. A jury eventually deadlocked 11-1 for acquittal, although Kubby was convicted of felony possession of a magic mushroom stem and peyote buttons. He'll be sentenced Feb. 2.
Kubby held a press conference Dec. 28 in Orange County to demand that Fenocchio set standards matching the City of Oakland guidelines for medical marijuana use under Proposition 215.Fenocchio said Tuesday that the Oakland guidelines had not been adopted and his office will continue to consider each case as it comes in."We don't bend to these forms of threats," he said.Because the case is still before the courts, Fenocchio declined to comment directly on the Kubby challenge. Prosecutors commonly face pressure from either the side of the accused or the victim, he said."We're going to continue looking at cases on an individual basis," Fenocchio said. "This office isn't going to be bought or bullied. It's that simple."Kubby helped put Prop. 215 on the statewide ballot in 1996. He has a doctor's recommendation to grow and smoke pot to help fight the symptoms of a rare form of adrenal cancer. The Oakland guidelines allow patients to grow up to 48 mature plants indoors, have a total of 144 plants, and possess up to 6 pounds of patient-grown cannabis.A total of 265 pot plants were seized in a January 1998 raid on Kubby's Olympic Valley home. He and his wife, Michele, were both charged with possession of marijuana for sale. Michele Kubby also had a doctor's medical marijuana recommendation. Hers was for irritable bowel syndrome.Kubby said at the press conference that he planned to begin the recall effort in February – after his sentencing. Fund raising has already begun. The American Medical Marijuana Association, which Kubby heads, is asking supporters to start pledging money.Kubby said his immediate goal is to raise $25,000 to train local residents and gather 20,000 signatures. A total of 15,550 signatures of registered voters are needed to qualify for a recall election in Placer County.Also onboard is Jay Cavanaugh, a former commissioner of the California State Pharmacy Board. He will head the committee to recall Fenocchio.Kubby said Fenocchio is abusing his power to prosecute when his office charges patients "attempting to lawfully assert their rights under the Compassionate Use Act." Fenocchio's office is wasting money on expensive show trials and opening up the county to more unnecessary expenditures from civil suits, Kubby said.Fenocchio said he has tried to act responsibly by not adopting standards that could affect the outcome of other cases. Several counties have established standards that allow medical marijuana amounts far below the Oakland guidelines, he said.State Attorney General Bill Lockyer issued a letter to counties in September that provided some of the standards around the state. In Nevada County, 10 plants are allowed – but no more than 2 pounds of processed pot can be in a patient's possession. In Shasta County, six plants can be grown indoors and two outdoors. One-and-a-third pound of processed marijuana is acceptable. In Sierra County, six plants are allowed indoors and three outdoors. The quantity of processed pot would be "assessed by a physician." In Tehama County, the sheriff's department allowed 18 immature or six mature plants. Humboldt County allows 10 plants or 2 pounds of processed marijuana if the amount is consistent with the medical treatment.Adding to the uncertainty is the lack of a state standard. An attorney general task force's recommendations to set up a registry never moved through the Assembly, Fenocchio said. Another difficulty is the federal position, he said."Regardless of the California law, the federal government considers it an illegal substance," he said. And I don't want to compromise effective law enforcement – it's not a simple issue and there's no simple solution." Note: Steve Kubby says recall effort against Brad Fenocchio to begin.Source: Auburn Journal (CA)Author: Gus Thomson, Journal Staff WriterPublished: January 17, 2001Copyright: 2001 The Auburn JournalAddress: 1030 High St., Auburn, CA 95603Phone: (530) 885-6585Contact: ajournal foothill.netWebsite: http://www.auburnjournal.com/Related Article & Web Sites:The Kubby Fileshttp://www.kubby.org/American Medical Marijuana Associationhttp://www.drugsense.org/amma/Kubby Challenges D.A. on Pot Guidelineshttp://cannabisnews.com/news/thread8160.shtmlCannabisNews Articles - Steve Kubbyhttp://cannabisnews.com/thcgi/search.pl?K=steve+kubby
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Comment #2 posted by myquestion on January 18, 2001 at 05:23:21 PT
Wanna know
What are the people of California going to do if Proposition 215 is not complied with??????I am afraid that it will not be pleasant considering what happened last time they got ticked.
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Comment #1 posted by kaptinemo on January 17, 2001 at 09:42:43 PT:
Dragged kicking and screaming, all the way
Let's make it real easy for Mr. Fennochio:http://druglibrary.org/olsen/MEDICAL/caprop215.htmlWould some kind soul in California who has compassion for (the apparently dyslexic) Mr. Fennochio please print up a copy for him? If you have to increase the font size and use several pages, please do so. Read it slowly and carefully to him, with a Webster's handy, just in case he has trouble with the big words.Then ask him, after you are through: "Where does it mention ANY limits as to what can be grown, possessed, or consumed?"None are mentioned. Nada. Zero. Zip. Goose egg. And it is now the law.Prop 215 has been accused by many within the reform movement as being too wide open to interpretation. I submit that it was a brilliant piece of work because it has put the antis on the defensive as nothing else could. Because in attempting to restrict sick people's rights to the drug, the antis are forced to show their sheer spite and vindictiveness. No mater how they couch their concerns, no matter how they try to conceal their true motivations, they are put on the spot at every turn. This latest pathetic attempt to blunt (no pun intended) criticism of their delaying tactics shows that they are feeling frayed:Fenocchio said Tuesday that the Oakland guidelines had not been adopted and his office will continue to consider each case as it comes in."We don't bend to these forms of threats," he said..."We're going to continue looking at cases on an individual basis," Fenocchio said. "This office isn't going to be bought or bullied. It's that simple."" 'Bought or bullied' ". Well, Mr. Fennochio, for someone who is supposed to be protecting the members of your State from criminal extortion, harrassment, unjust imprisonment and *murder* (Remember Peter McWilliams!!!) you have done a truly p***-poor job of it. Indeed, you have engaged in, with the help of your Federal masters, exactly the kind of behavior you are pledged to defend your citizens from. You've already *been* 'bought'...real cheap, I might add. Evidently, Fennochio and crew are beginning to get a foretaste of the very same medicine that they have been so quick to ram down the throats of others. And they don't like the flavor of it one bit.Awwwww. Too bad. Get used to it. Because there's more on the way.
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