cannabisnews.com: Kubby Says He Won't Accept Terms of Sentencing Kubby Says He Won't Accept Terms of Sentencing Posted by FoM on March 20, 2001 at 08:11:01 PT By Mike Fitch, Journal Staff Writer Source: Auburn Journal Steve Kubby announced this week he's unwilling to subject himself to electronic monitoring at home, acknowledging that his decision may mean he will have to spend time in jail.Kubby was a central figure in a recently-concluded trial that was one of the most contentious cases in Placer County history. Kubby and wife Michele initially faced felony charges arising from a raid on their Olympic Valley home that netted 265 marijuana plants, but those charges were dropped recently after a mistrial was declared in the case. At that point, the jury was leaning 11-1 in favor of acquittal.Steve Kubby, however, was sentenced on misdemeanor changes of possessing a psychedelic mushroom stem and peyote buttons. His sentence was 120 days of house arrest and three years of formal probation.In a letter to friends Sunday, Kubby said he intends to notify authorities that he won't accept electronic monitoring and probation, reporting that he and his wife will announce their decision at today's meeting of the county Board of Supervisors."After becoming aware of the incredibly strict limitations of house arrest, we have concluded that the 120 days of house arrest, as well as the three years formal probation ordered by Judge John Cosgrove is a real and direct threat to my life," Kubby said."Furthermore, we believe that sentencing me, when I am medically disabled and suffering from terminal cancer, to conditions that threaten my life for misdemeanor possession of a mushroom stem and some tiny cactus buttons is a violation of my Eighth Amendment protection against cruel and unusual punishment."In his letter, Kubby acknowledged that he may face jail time as a result of his decision.Dave Peden, the county's deputy chief probation officer, declined to discuss the Kubby case in particular, but noted that people sentenced to house arrest as an alternative to jail time can wound up in jail if they refuse to cooperate."Alternative sentencing is not a right," he said. "I mean everybody doesn't just get it."Typically, anyone sentenced to house arrest in Placer County wears an ankle bracelet that allows authorities to keep track of their whereabouts. Source: Auburn Journal (CA)Author: Mike Fitch, Journal Staff Writer Published: March 20, 2001Phone: (530) 885-6585Copyright: 2001 The Auburn JournalAddress: 1030 High St., Auburn, CA 95603Contact: ajournal foothill.netWebsite: http://www.auburnjournal.com/Related Articles & Web Site:The Kubby Fileshttp://www.kubby.org/County Faces Lawsuits Over Pot Raids http://cannabisnews.com/news/thread9075.shtmlCannabisNews Articles - Steve Kubbyhttp://cannabisnews.com/thcgi/search.pl?K=kubby Home Comment Email Register Recent Comments Help Comment #1 posted by FoM on March 20, 2001 at 12:20:37 PT: Related Article Libertarian Convict Won't Wear Monitoring Bracelet By The Associated PressSource: San Diego Union Tribune (CA) Published: March 20, 2001 Copyright: 2001 Union-Tribune Publishing Co. Address: PO Box 120191, San Diego, CA, 92112-0191 Fax: (619) 293-1440 Contact: letters uniontrib.com Website: http://www.uniontrib.com/The Libertarian Party gubernatorial candidate convicted on drug charges says he won't wear the electronic monitoring bracelet to keep him at home. Steve Kubby acknowledges that means he will have to spend time in jail. Kubby and his wife Michele initially faced felony charges for the 265 marijuana plants that police found at their Olympic Valley home, but those charges were dropped after the jury deadlocked and a mistrial was declared. The Kubbys had said the pot was being grown for medicinal reasons, as he suffers from terminal cancer, and invoked Proposition 215, the medical marijuana initiative approved by voters. Steve Kubby was convicted on misdemeanor charges of possessing a psychedelic mushroom stem and peyote buttons and was sentenced to 120 days of house arrest. He wrote a letter Sunday saying he will notify authorities that the "incredible strict limitations of house arrest" would threaten his health further and violate constitutional protections "against cruel and unusual punishment." Placer County deputy chief probation officer Dave Peden would not discuss Kubby's case, but said people sentenced to house arrest who refuse to cooperate can wind up in jail. My Medical Marijuana Pagehttp://www.freedomtoexhale.com/medical.htmCannabisNews Medical Marijuana Archivehttp://cannabisnews.com/news/list/medical.shtml FreedomToExhale [ Post Comment ] Post Comment Name: Optional Password: E-Mail: Subject: Comment: [Please refrain from using profanity in your message] Link URL: Link Title: