cannabisnews.com: Placer Jail Won't Allow Kubby Pot Placer Jail Won't Allow Kubby Pot Posted by FoM on April 29, 2001 at 07:41:43 PT By Gus Thomson, Journal Staff Writer Source: Auburn Journal Medical marijuana proponent Steve Kubby who won acquittal earlier this year on charges that he grew 265 pot plants at his home for personal profit was told Friday that he wouldn't be able to smoke cannabis while serving a 120-day jail term on the two drug charges he was convicted of.Kubby produced expert witnesses during a lengthy pot-possession-for-sale trial to back his contention that heavy marijuana smoking keeps a rare form of cancer he suffers from at bay. But a jail official told a hearing before Placer County Superior Court Judge John L. Cosgrove that the facility's medical director wouldn't be able to dispense marijuana or its synthetic derivative to Kubby.Cosgrove agreed to extend Kubby's deadline for admission to the jail from May 11 to July 20. The extra time is expected to provide enough time for the U.S. Supreme Court to rule on the use of medical marijuana.Cosgrove ruled against a request by Assistant Public Defender Julie Mumma to eliminate the jail sentence and a search and seizure provision of Kubby's probation.But he added that he was concerned about the jail being able to handle Kubby's situation while in custody.Proposition 36 a voter-approved initiative that orders counseling rather than jail time for first and second-time drug cases wouldn't apply to Kubby because any shift to treatment from jail time would involve total abstention from drug or alcohol use, Cosgrove said.Kubby said after the hearing that cessation of his marijuana use would be akin to a death penalty for him."The medical marijuana initiative passed by voters wasn't difficult for them to understand, it wasn't difficult for juries to understand, but it seems very difficult for Placer County's criminal justice officials to accept, understand or even tolerate," Kubby said.Kubby was convicted of felony possession of a magic mushroom stem and peyote buttons. Cosgrove reduced the two convictions to misdemeanors and sentenced Kubby to a 120-jail term.Electronic home monitoring was not an option for Kubby because he would have had to refrain from drugs or alcohol. Source: Auburn Journal (CA)Author: Gus Thomson, Journal Staff WriterPublished: April 29, 2001Copyright: 2001 Auburn JournalContact: ajournal foothill.netWebsite: http://www.auburnjournal.com/Related Articles & Web Sites:The Kubby Fileshttp://www.kubby.org/California's Proposition 36http://www.drugreform.org/Kubby Denied Change in Bail, Jail Conditions http://cannabisnews.com/news/thread9308.shtmlKubby Says He Won't Accept Terms of Sentencinghttp://cannabisnews.com/news/thread9079.shtml Home Comment Email Register Recent Comments Help Comment #1 posted by fivepounder on April 29, 2001 at 08:11:02 PT The persecution of Steve Kubby They simply want to see him dead. Can't bend the rules you know. Any other medicine there would be no question. Of course the absurdity of his sentence for a stem is just part or what we call our judicial system. This is a system our culture views akin to quicksand. Do something on the edge of the 'law' and you might well get sucked into a system tht contains no compassion and if it sucks you in and it kills you, well our culture says that is what happens. Don't expect the judge to JUDGE only to reinforce the absurd 'law' and dutifuly feed you to the beast. Steve Kubby should not go to jail, especially Placer County Jail. Steve, go to BC. [ Post Comment ] Post Comment Name: Optional Password: E-Mail: Subject: Comment: [Please refrain from using profanity in your message] Link URL: Link Title: