T
The420Guy
Guest
In an upbeat ending to a two-year legal battle, all medical marijuana
charges against Steve Kubby have been dismissed, and two remaining drug
charges reduced to misdemeanors.
On March 2, a Placer County, California judge imposed a small fine on Kubby
and sentenced him to 120 days of alternative sentencing -- probably house
arrest -- for possession of "minute" quantities of psilocybin [mushroom] and
mescaline [peyote].
The judge also ruled that Kubby could continue to use medical marijuana as
allowed under the state's Compassionate Use Act of 1996.
The sentencing came three months after a hung jury -- which was leaning 11-1
for acquittal -- refused to convict Kubby and his wife Michele on marijuana
charges.
During the trial, the Kubbys had argued they were legitimate medical
marijuana patients who took the drug under doctor's orders, and were
protected by Proposition 215, the state law that legalized medical
marijuana.
"We've always said we would prove our innocence and expose the prosecutors
and police," said Kubby, 54, after the sentencing hearing. "Now, [because of
this ruling], that's just the way the media and public see it.
"The efforts of prosecutors to destroy us have only driven people and
donations to our side. Thanks to our prosecutors, the media and citizens
finally get it."
However, the legal battle is not over yet: Kubby said he now expects to file
a civil lawsuit against the county District Attorney for false arrest, will
charge police and prosecutors with "deliberately violating [his] civil and
medical rights," and will launch a recall election against the DA who
prosecuted him.
"From the ashes of despair, we are rising up, empowered to recall corrupt
elected officials and hold them accountable," he said. "The recent effort by
[county] prosecutors to prohibit me from using medical marijuana while on
probation, after days of testimony by doctors documenting how cannabis has
saved my life, shows their criminal intent to violate the Compassionate Use
Act.
"After all, if a patient as well documented as myself is considered
ineligible to use medical marijuana in Placer County, then who is? Clearly a
recall election and federal civil rights prosecutions are the only remaining
solutions."
The American Medical Marijuana Association, an organization that Kubby
heads, has already hired a lawyer to begin working on the lawsuits, he said.
Kubby was the LP's gubernatorial candidate in California in 1998, and sought
the party's vice presidential nomination in 2000. He also played a key role
in Proposition 215, which was passed by voters in 1996.
His high-profile role in the medical marijuana movement may be the reason,
supporters speculate, why the Kubbys were arrested in January 1999 after a
raid on their Olympic Valley home, and charged with violating 19 different
drug laws.
Both pleaded not guilty to all charges, arguing that they used marijuana in
accordance with the law -- Steve Kubby to treat a rare form of adrenal
cancer under doctor's orders and Michele Kubby to alleviate irritable bowel
syndrome.
After a four-month trial and 21 hours of deliberation, a "hopelessly
deadlocked" jury said it could not reach a verdict on the most significant
charges against the Kubbys -- conspiracy, cultivation, and possession of
marijuana with intent to sell -- and voted 11-1 in favor of acquittal.
However, Steve Kubby was convicted of what were called "comparably minor"
drug charges of possession of a controlled substance, psilocybin and peyote.
Michele Kubby was acquitted of those charges.
Kubby had faced the possibility of almost four years in prison -- but at the
sentencing hearing on March 2, Judge John L. Cosgrove said, "Jail would not
be an appropriate place for Mr. Kubby."
Instead, he reduced the felony charges to misdemeanors, fined Kubby $2,700,
imposed three years' probation, and ordered him to serve 120 days of
alternative sentencing, probably electronic home monitoring.
The judge said he accepted Kubby's explanation that the psilocybin (a single
mushroom stem) had been used for research for a book Kubby wrote on the
religious significance of psychedelic mushrooms, and that the peyote button
had been left by a visitor.
Cosgrove also noted Kubby's "impeccably clean" prior criminal record.
In addition, in an unprecedented victory for medical marijuana patients, the
judge ruled that Kubby could continue using medical marijuana during his
probation.
At the announcement, several dozen Proposition 215 supporters and California
Libertarians erupted in applause in the Placer County courtroom.
The California LP described the ruling as "a decisive victory for medical
marijuana patients."
"We are thrilled with the outcome," said California LP Executive Director
Juan Ros. "This is a major step forward for all medical marijuana patients,
and Libertarians are proud of Steve and Michele Kubby, who fought for their
beliefs and prevailed.
"Steve and Michele were victims of a politically motivated attempt to make
examples of them, and this trial should never have happened in the first
place. Fortunately, we have won this battle, but the war wages on and
Libertarians will continue to fight until we are victorious against the War
on Drugs."
At the same sentencing hearing, the District Attorney announced that all
marijuana charges against the Kubbys would be dropped, thereby avoiding a
costly retrial. The DA also said he would drop similar medical marijuana
charges against another Placer County couple.
"The District Attorney saw the writing on the wall and wisely decided to
save the taxpayers the expense of a retrial," said Ros. "All in all, this
has been a great day for patients, Libertarians, and the cause of health
freedom in California."
In announcing that charges against the Kubbys had been dropped, a Deputy
District Attorney said the decision was "not a comment on guilt or
innocence, but rather an indictment of the vagueness" of the state's
Compassionate Use Act.
The Deputy District Attorney also asked the California legislature "to
establish specific guidelines with respect to the amount of marijuana
appropriate for medical use."
The national Libertarian Party also congratulated the Kubbys for their
victory.
"It is unfortunate that Steve and Michele had to undergo a costly, painful,
and traumatic two-year legal battle just to affirm their right to take
life-saving medication," said LP National Director Steve Dasbach. "However,
their sacrifice may mean that hundreds or thousands of other medical
marijuana patients will not have to live under the constant threat of
arrest.
"Steve and Michele are real heroes, not just to the medical marijuana
movement, but to Libertarians everywhere."
Now, said Kubby, with his trial and sentencing over, the counteroffensive
will begin -- with lawsuits against prosecutors who "are deliberately
violating the civil and medical rights of seriously ill people."
"The fight has just begun!" he said.
Pubdate: 6 Mar, 2001
Source: Libertarian Party National Newsletter
Copyright: 2001 Libertarian Party
Contact: Bill.Winter@hq.lp.org
Address: 2600 Virginia Avenue, N.W., Suite 100
Washington, DC 20037
Phone: (202) 333-0008
Website: Libertarian Party
Author: William Winter, Communications Director
Related: Official Steve Kubby Home Page
charges against Steve Kubby have been dismissed, and two remaining drug
charges reduced to misdemeanors.
On March 2, a Placer County, California judge imposed a small fine on Kubby
and sentenced him to 120 days of alternative sentencing -- probably house
arrest -- for possession of "minute" quantities of psilocybin [mushroom] and
mescaline [peyote].
The judge also ruled that Kubby could continue to use medical marijuana as
allowed under the state's Compassionate Use Act of 1996.
The sentencing came three months after a hung jury -- which was leaning 11-1
for acquittal -- refused to convict Kubby and his wife Michele on marijuana
charges.
During the trial, the Kubbys had argued they were legitimate medical
marijuana patients who took the drug under doctor's orders, and were
protected by Proposition 215, the state law that legalized medical
marijuana.
"We've always said we would prove our innocence and expose the prosecutors
and police," said Kubby, 54, after the sentencing hearing. "Now, [because of
this ruling], that's just the way the media and public see it.
"The efforts of prosecutors to destroy us have only driven people and
donations to our side. Thanks to our prosecutors, the media and citizens
finally get it."
However, the legal battle is not over yet: Kubby said he now expects to file
a civil lawsuit against the county District Attorney for false arrest, will
charge police and prosecutors with "deliberately violating [his] civil and
medical rights," and will launch a recall election against the DA who
prosecuted him.
"From the ashes of despair, we are rising up, empowered to recall corrupt
elected officials and hold them accountable," he said. "The recent effort by
[county] prosecutors to prohibit me from using medical marijuana while on
probation, after days of testimony by doctors documenting how cannabis has
saved my life, shows their criminal intent to violate the Compassionate Use
Act.
"After all, if a patient as well documented as myself is considered
ineligible to use medical marijuana in Placer County, then who is? Clearly a
recall election and federal civil rights prosecutions are the only remaining
solutions."
The American Medical Marijuana Association, an organization that Kubby
heads, has already hired a lawyer to begin working on the lawsuits, he said.
Kubby was the LP's gubernatorial candidate in California in 1998, and sought
the party's vice presidential nomination in 2000. He also played a key role
in Proposition 215, which was passed by voters in 1996.
His high-profile role in the medical marijuana movement may be the reason,
supporters speculate, why the Kubbys were arrested in January 1999 after a
raid on their Olympic Valley home, and charged with violating 19 different
drug laws.
Both pleaded not guilty to all charges, arguing that they used marijuana in
accordance with the law -- Steve Kubby to treat a rare form of adrenal
cancer under doctor's orders and Michele Kubby to alleviate irritable bowel
syndrome.
After a four-month trial and 21 hours of deliberation, a "hopelessly
deadlocked" jury said it could not reach a verdict on the most significant
charges against the Kubbys -- conspiracy, cultivation, and possession of
marijuana with intent to sell -- and voted 11-1 in favor of acquittal.
However, Steve Kubby was convicted of what were called "comparably minor"
drug charges of possession of a controlled substance, psilocybin and peyote.
Michele Kubby was acquitted of those charges.
Kubby had faced the possibility of almost four years in prison -- but at the
sentencing hearing on March 2, Judge John L. Cosgrove said, "Jail would not
be an appropriate place for Mr. Kubby."
Instead, he reduced the felony charges to misdemeanors, fined Kubby $2,700,
imposed three years' probation, and ordered him to serve 120 days of
alternative sentencing, probably electronic home monitoring.
The judge said he accepted Kubby's explanation that the psilocybin (a single
mushroom stem) had been used for research for a book Kubby wrote on the
religious significance of psychedelic mushrooms, and that the peyote button
had been left by a visitor.
Cosgrove also noted Kubby's "impeccably clean" prior criminal record.
In addition, in an unprecedented victory for medical marijuana patients, the
judge ruled that Kubby could continue using medical marijuana during his
probation.
At the announcement, several dozen Proposition 215 supporters and California
Libertarians erupted in applause in the Placer County courtroom.
The California LP described the ruling as "a decisive victory for medical
marijuana patients."
"We are thrilled with the outcome," said California LP Executive Director
Juan Ros. "This is a major step forward for all medical marijuana patients,
and Libertarians are proud of Steve and Michele Kubby, who fought for their
beliefs and prevailed.
"Steve and Michele were victims of a politically motivated attempt to make
examples of them, and this trial should never have happened in the first
place. Fortunately, we have won this battle, but the war wages on and
Libertarians will continue to fight until we are victorious against the War
on Drugs."
At the same sentencing hearing, the District Attorney announced that all
marijuana charges against the Kubbys would be dropped, thereby avoiding a
costly retrial. The DA also said he would drop similar medical marijuana
charges against another Placer County couple.
"The District Attorney saw the writing on the wall and wisely decided to
save the taxpayers the expense of a retrial," said Ros. "All in all, this
has been a great day for patients, Libertarians, and the cause of health
freedom in California."
In announcing that charges against the Kubbys had been dropped, a Deputy
District Attorney said the decision was "not a comment on guilt or
innocence, but rather an indictment of the vagueness" of the state's
Compassionate Use Act.
The Deputy District Attorney also asked the California legislature "to
establish specific guidelines with respect to the amount of marijuana
appropriate for medical use."
The national Libertarian Party also congratulated the Kubbys for their
victory.
"It is unfortunate that Steve and Michele had to undergo a costly, painful,
and traumatic two-year legal battle just to affirm their right to take
life-saving medication," said LP National Director Steve Dasbach. "However,
their sacrifice may mean that hundreds or thousands of other medical
marijuana patients will not have to live under the constant threat of
arrest.
"Steve and Michele are real heroes, not just to the medical marijuana
movement, but to Libertarians everywhere."
Now, said Kubby, with his trial and sentencing over, the counteroffensive
will begin -- with lawsuits against prosecutors who "are deliberately
violating the civil and medical rights of seriously ill people."
"The fight has just begun!" he said.
Pubdate: 6 Mar, 2001
Source: Libertarian Party National Newsletter
Copyright: 2001 Libertarian Party
Contact: Bill.Winter@hq.lp.org
Address: 2600 Virginia Avenue, N.W., Suite 100
Washington, DC 20037
Phone: (202) 333-0008
Website: Libertarian Party
Author: William Winter, Communications Director
Related: Official Steve Kubby Home Page