T
The420Guy
Guest
For the past two months I have publicly refused probation, fines, and home
detention, yet last week the police refused to accept me for jail. Instead,
the police asked the judge to issue an order preventing me from going to
jail for at least the next three months. Why?
It certainly isn't because of compassion, nor any interest in defending my
rights, nor is it likely due to fear of negative media or a huge lawsuit,
although these last items are probably factors.
No, the real reason the police won't lock me up is because they know I will
win the right to smoke medical marijuana in their jail and pave the way for
thousands of seriously ill inmates to do the same.
After all, I am one of the 14 "medical necessity" patients who are before
the US Supreme Court in the Oakland CBC case. The 9th Circuit Court has
already ruled that patients such as myself, who have tried all conventional
therapy without success, meet the legal definition of medical necessity.
The police know this and asked the judge to delay my jailing until after a
ruling by the Supreme Court.
In addition, I am legally medically disabled and meet the definition of a
disabled person, under the Americans with Disabilities Act, which forbids
state officials from barring me from any rights guaranteed to me under a
state law. Furthermore, my recent trial introduced sworn testimony from
world authorities that if I am deprived of medical cannabis, I could suffer
a stroke, heart attack or aneurysm.
The Placer Sheriff's and Probation departments fielded nearly a dozen
officials at my last two hearings. They all heard the judge say I could
have cannabis in jail and they freaked. To make matters worse, Dr. Jay
Cavanaugh and I prepared a protocol for "Medical Marijuana Diversion," which
really threw the Probation Department in a panic. They immediately told the
judge that, under county rules, no form of diversion was possible that
included marijuana consumption.
A lot is on the line for the police. California jails are filled with
seriously ill patients who have the legal right under 11362.5 to use medical
cannabis, if approved by a physician. Thousand of inmates with AIDS and
other life-threatening illnesses are being illegally and immorally deprived
of legal cannabis, even if it is a matter of life and death. The police
know this and they know that once inmates are allowed to use medical
marijuana, it is all over for their drug war.
Placer officials understand how determined Michele and I are to force
implementation of medical marijuana in jails. They know that we're outraged
that people will suffer and even die, simply because the jailers have been
allowed to ignore the Compassionate Use Act as written and passed by the
People.
The result is a bizarre stand-off in which no matter how much I publicly
provoke them, the police are afraid to jail me.
Steve Kubby
detention, yet last week the police refused to accept me for jail. Instead,
the police asked the judge to issue an order preventing me from going to
jail for at least the next three months. Why?
It certainly isn't because of compassion, nor any interest in defending my
rights, nor is it likely due to fear of negative media or a huge lawsuit,
although these last items are probably factors.
No, the real reason the police won't lock me up is because they know I will
win the right to smoke medical marijuana in their jail and pave the way for
thousands of seriously ill inmates to do the same.
After all, I am one of the 14 "medical necessity" patients who are before
the US Supreme Court in the Oakland CBC case. The 9th Circuit Court has
already ruled that patients such as myself, who have tried all conventional
therapy without success, meet the legal definition of medical necessity.
The police know this and asked the judge to delay my jailing until after a
ruling by the Supreme Court.
In addition, I am legally medically disabled and meet the definition of a
disabled person, under the Americans with Disabilities Act, which forbids
state officials from barring me from any rights guaranteed to me under a
state law. Furthermore, my recent trial introduced sworn testimony from
world authorities that if I am deprived of medical cannabis, I could suffer
a stroke, heart attack or aneurysm.
The Placer Sheriff's and Probation departments fielded nearly a dozen
officials at my last two hearings. They all heard the judge say I could
have cannabis in jail and they freaked. To make matters worse, Dr. Jay
Cavanaugh and I prepared a protocol for "Medical Marijuana Diversion," which
really threw the Probation Department in a panic. They immediately told the
judge that, under county rules, no form of diversion was possible that
included marijuana consumption.
A lot is on the line for the police. California jails are filled with
seriously ill patients who have the legal right under 11362.5 to use medical
cannabis, if approved by a physician. Thousand of inmates with AIDS and
other life-threatening illnesses are being illegally and immorally deprived
of legal cannabis, even if it is a matter of life and death. The police
know this and they know that once inmates are allowed to use medical
marijuana, it is all over for their drug war.
Placer officials understand how determined Michele and I are to force
implementation of medical marijuana in jails. They know that we're outraged
that people will suffer and even die, simply because the jailers have been
allowed to ignore the Compassionate Use Act as written and passed by the
People.
The result is a bizarre stand-off in which no matter how much I publicly
provoke them, the police are afraid to jail me.
Steve Kubby
