cannabisnews.com: Kubby On Probation Kubby On Probation Posted by FoM on March 05, 2001 at 17:20:24 PT Editorial Source: Orange County Register Part-time Orange County resident Steve Kubby and his wife Michele have won as close to complete vindication as possible under the circumstances in their medical marijuana case in Placer County. On Friday Judge John Cosgrove reduced the two counts on which Mr. Kubby had been convicted from felonies to misdemeanors and dismissed the case. Judge Cosgrove also dismissed the case, as well as the separate case brought against Michael Baldwin, an Auburn dentist who is a medical marijuana patient. The prosecution does not plan to refile charges.The Kubbys, you may remember, both of whom have recommendations from licensed physicians to use marijuana medically, had their rented home near Lake Tahoe raided in January 1999 by a federal-state-local anti-drug task force. They were jailed for several days and charged with multiple counts of cultivation for sale, possession for sale and drug selling. In December the jury was "hung," with 11 jurors for acquittal on the most serious charges.Mr. Kubby was convicted for possession of a small amount of peyote (found in a guest room) and psilocybin mushrooms (which he said he used to illustrate points during lectures). The prosecution wanted those convictions to be sentenced as felonies, with jail time imposed. Judge Cosgrove viewed them as misdemeanors and imposed probation, which the couple plan to serve in San Francisco.One could argue that probation is too intrusive given the facts of the case. But a jail sentence in which he was forbidden to use cannabis therapeutically, as Steve Kubby's former doctor, Vincent DeQuattro of the USC Medical School testified during the trial, would have amounted to a death sentence. The disposition of this case should send a clear message to police and prosecutors throughout the state. California juries are unlikely to bring convictions against credible medical patients who are using cannabis. It's time for law enforcement and cannabis patients to work together, as they have in some localities, to develop the small "white market" for medical marijuana that voters anticipated when they approved Prop. 215 in 1996.Mr. Kubby's supporters plan a recall campaign against the Placer County district attorney. Medical marijuana activists have already filed a recall petition against the district attorney in Marin County. The Kubbys plan to work in San Francisco for the near future, doing their TV show online at: http://www.pot-tv.net/ and perhaps writing a book. "Our goal is to give a voice and encouragement to thousands of people who have been frightened and intimidated by the inconsistent way the will of the voters has been applied," Steve Kubby told us.Source: Orange County Register (CA)Published: March 05, 2001 Copyright: 2001 The Orange County RegisterAddress: P.O. Box 11626, Santa Ana, CA 92711Fax: (714) 565-3657Contact: letters link.freedom.comWebsite: http://www.ocregister.com/Related Articles & Web Site:The Kubby Fileshttp://www.kubby.org/Fenocchio Drops Baldwin Charges http://cannabisnews.com/news/thread8881.shtmlJudge Drops Kubby Felony Charges http://cannabisnews.com/news/thread8880.shtmlCannabisNews Articles - Steve Kubbyhttp://cannabisnews.com/thcgi/search.pl?K=kubby END SNIP --> Snipped Home Comment Email Register Recent Comments Help Comment #1 posted by legalizeit on March 05, 2001 at 21:54:12 PT WOO-HOO! In your face, drug warriors! Great job, jurors! Not only have you spared from persecution an innocent couple whose only "crime" is possessing plant matter, you send a message to the prohibs that enough is enough of this anti-drug hysteria! In a political and law-enforcement climate where the law regarding MMJ is often not the law just because some police thug says so, this speaks volumes.Lead on, Steve and Michele, and jurors who stand up for what is right... we can win this thing yet!Now... do they get their computer back too, with the data intact? [ Post Comment ] Post Comment Name: Optional Password: E-Mail: Subject: Comment: [Please refrain from using profanity in your message] Link URL: Link Title: