T
The420Guy
Guest
SACRAMENTO -- Attorney General Bill Lockyer may have won his political
battle to turn the misdemeanor conviction against Steve Kubby for possession
of some cactus buttons into a felony, but it may be a hollow victory.
In a ruling by the 3rd District Court of Appeals the judges ruled that the
misdemeanor conviction of Steve Kubby for some tiny cactus buttons, in a
film can found in a guest bedroom at the Kubby home, should be changed to a
felony.
The court reasoned that since the conviction was for possession of mescaline
not possession of peyote, it should be a felony because the court said that
mescaline is much more dangerous than peyote. The mescaline had been
extracted from the cactus buttons by an expert for the prosecution.
Richard Cowan, former National Director of NORML blasted the decision as
'truly bizarre.' "At a time when California is confronted with record
budget deficits, the state attorney general appealed a judge's ruling that
this was a misdemeanor, at a great expense to the state and is ready to
spend more of the state's money on further appeals or imprisoning Mr.
Kubby."
Mr. Kubby's wife, Michele Kubby said the decision is "outrageous, but
irrelevant."
"Fortunately, we've been able to show in a Canadian court that the police
lied to get their search warrant and this raid should have never even taken
place. These judges are threatening my husband's life over some cactus
button that none of us have ever seen before and that may or may not be an
illegal cactus. We still love America, but this is a perfect example of why
left and we are requesting protection from the Refugee Protection Board here
in Canada," said Michele Kubby.
"Peyote is completely legal in Canada so this conviction means nothing,
except to help us in our refugee claim. Bill Lockyer and these judges mock
the law with a decision like this, especially when it is directed against a
cancer patient who has never been accused of wrongdoing, except the
government," added Mrs. Kubby.
The California Court of Appeal decision can be viewed at
<Site Has Moved>
battle to turn the misdemeanor conviction against Steve Kubby for possession
of some cactus buttons into a felony, but it may be a hollow victory.
In a ruling by the 3rd District Court of Appeals the judges ruled that the
misdemeanor conviction of Steve Kubby for some tiny cactus buttons, in a
film can found in a guest bedroom at the Kubby home, should be changed to a
felony.
The court reasoned that since the conviction was for possession of mescaline
not possession of peyote, it should be a felony because the court said that
mescaline is much more dangerous than peyote. The mescaline had been
extracted from the cactus buttons by an expert for the prosecution.
Richard Cowan, former National Director of NORML blasted the decision as
'truly bizarre.' "At a time when California is confronted with record
budget deficits, the state attorney general appealed a judge's ruling that
this was a misdemeanor, at a great expense to the state and is ready to
spend more of the state's money on further appeals or imprisoning Mr.
Kubby."
Mr. Kubby's wife, Michele Kubby said the decision is "outrageous, but
irrelevant."
"Fortunately, we've been able to show in a Canadian court that the police
lied to get their search warrant and this raid should have never even taken
place. These judges are threatening my husband's life over some cactus
button that none of us have ever seen before and that may or may not be an
illegal cactus. We still love America, but this is a perfect example of why
left and we are requesting protection from the Refugee Protection Board here
in Canada," said Michele Kubby.
"Peyote is completely legal in Canada so this conviction means nothing,
except to help us in our refugee claim. Bill Lockyer and these judges mock
the law with a decision like this, especially when it is directed against a
cancer patient who has never been accused of wrongdoing, except the
government," added Mrs. Kubby.
The California Court of Appeal decision can be viewed at
<Site Has Moved>