KUBBY CHALLENGES D.A. ON POT GUIDELINES

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Steve Kubby has called on Placer County District Attorney Brad Fenocchio to adopt the so-called Oakland guidelines on medical marijuana possession or face a recall effort.

Fresh from a mistrial on marijuana-possession-for-sale charges in Placer County Superior Court, Kubby held a press conference Thursday in Orange County to announce his plans for a recall campaign. The 1998 Libertarian Party gubernatorial candidate, Kubby said he has informed Fenocchio's campaign manager that the recall will not be formally filed until after Jan.
15.

Kubby said the mid-January deadline will allow Fenocchio time to study and adopt the Oakland guidelines. The guidelines allow up to 144 cannabis plants to be grown by anyone with a doctor's recommendation under Proposition 215 to grow and use marijuana.

Kubby played a key role in placing Prop. 215 on the state ballot four years ago. Two years later, Placer County authorities raided his Olympic Valley home and confiscated 265 pot plants at various stages of growth. A trial that spanned four months ended last week in Auburn with a Superior Court jury deadlocked 11-1 for acquittal in the marijuana charges against Kubby and his wife, Michele.

Steve Kubby was convicted of felony possession of a magic mushroom stem and peyote buttons. He'll be sentenced Feb. 2. The District Attorney's Office could decide to retry the Kubbys on the marijuana charges.

Kubby was also planning to request the Oakland guidelines be adopted in Orange County. Fenocchio was unavailable for comment Thursday.

"A strict jury in ultra-conservative Placer County has voted 11-1 to uphold the Oakland guidelines and we are urging Mr. Fenocchio to heed the message," Kubby said. "While we have decided to move forward with a recall campaign in February, we remain hopeful that Mr. Fenocchio will agree to recognize the
rights of the medical cannabis community."

Kubby said the recall campaign would show conservative voters in Placer County that high-profile marijuana trials and "impending civil suits" have an impact on their taxes. A second medical marijuana trial involving
Rocklin dentist Michael Baldwin is slated for retrial in January.

"At some point, the voters are going to have to ask themselves if they can afford to continue subsidizing such an expensive and illegal war against bona fide medical cannabis use," Kubby said.

Kubby said plans are already in place to raise money and recruit volunteers.

"Our fondest hope is that Placer County will put their war on sick people behind them and assume a leadership role in protecting patients while creating a bright line for law enforcement," Kubby said.



Pubdate: 29 Dec, 2000
Source: Auburn Journal (CA)
Copyright: 2000 The Auburn Journal
Contact: ajournal@foothill.net
Address: 1030 High St., Auburn, CA 95603
Website: Auburn California News | Auburn Journal
Author: Gus Thomson, Journal Staff Writer
Phone: (530) 885-6585
Related: Official Steve Kubby Home Page
 
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