Medical Marijuana Advocate Arrested in San Francisco

[Psycho4Bud]

SAN FRANCISCO -- Medical marijuana crusader Steve Kubby, a former Laguna Beach resident who was a 1998 Libertarian candidate for governor and one of the authors of California's watershed medical marijuana law, was in custody today.

He was arrested today at San Francisco International Airport after spending five years as a fugitive in Canada to escape a jail sentence here.

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Kubby was sentenced in March 2001 to four months in jail by a Placer County judge for possession of a peyote button and a hallucinogenic mushroom after jurors acquitted him of the more serious charges that he was selling pot grown in his basement medical marijuana garden.

The peyote and mushroom were in his possession, Kubby said, for an artist's rendering to be used in a book he wrote on the drug war while living in Olympic Valley, just north of Lake Tahoe.

Amid wrangling with authorities over his sentence, Kubby moved with his family to British Columbia in May 2001.

Kubby says he needs marijuana to curb symptoms of a rare type of adrenal cancer and says he will suffer and die without it in jail. Jailhouse use of medical marijuana is not allowed in California, where voters in 1996 approved the nation's first law allowing the use of cannabis as medicine with a doctor's recommendation.
http://www.latimes.com/news/local/la-012706pot_lat,0,3175500.story?coll=la-story-footer&track=morenews

Should have stayed in British Columbia. Rather see a dude suffer and die than to smoke a joint. Now that is fucked up!!:mad:

[mfactor420]

Great post psycho. I appreciate that the first news I hear of this since Canadian immigration kicked Kubby out is from you!:thumbsup:

:mad: Kubby was not allowed to stay in BC. Our "compassionate" government kicked him out. No doubt under extreme pressure by American Admin. to do it. I'll get the links to that story and post it here. :mad:

Imagine our government saying that medical marijuana is ok, but then kicking a guy out who needs it to survive. Gee, makes us sound as bad as the American admin, eh. :mad:

So, how long will Kubby actually be in jail? Is there news of that yet? What's he gonna do when he gets out? I bet it aint visit Disneyland!

[mfactor420]

VANCOUVER -- Medical marijuana activist Steve Kubby, his wife, Michele, and their two young daughters may be deported to the United States within days after a Federal Court of Canada judge turned down their request for an emergency stay of a removal order.

Mr. Justice Yvon Pinard ruled that the public interest was not served by "delaying further" in the federal government's statutory duty to enforce the removal order "as soon as reasonably practicable."

"Canadian law does not give a foreign national such as Steven Wynn Kubby a right to reside in Canada simply because he or she may be able to obtain some preferred medical treatment or other benefit in Canada," the judge said in a nine-page ruling.

Ms. Kubby, who represented the family at a Federal Court hearing in Vancouver earlier this month, said her husband could die if he is deported to the United States and put in jail for a minor drug conviction.



Mr. Kubby, 59, uses marijuana to control a rare form of adrenal cancer. He is facing a jail sentence of least 120 days after a 2001 conviction in California for possessing a minute amount of mescaline and psilocin. The family moved to B.C. after the drug possession conviction.

Judge Pinard, who was a federal cabinet minister under Pierre Trudeau, said it "remains speculative" that Mr. Kubby will be jailed in the United States, or that he will be denied adequate medical care.

Chris Cattran, the Placer County district attorney who prosecuted Mr. Kubby, did not return calls for comment yesterday.

He was quoted earlier this month in a California newspaper as stating that Mr. Kubby will be detained once he crosses the border and is likely to spend more than 120 days in jail.

A senior official at the Placer County jail said that Mr. Kubby could not have marijuana in custody. He could be prescribed Marinol, a synthetic form of THC, the official said.

"We don't see what the big rush is" to deportation, said Mr. Kubby, who lives in Sun Peaks, B.C.

"We are jumpy every time the door knocks."

He explained that Marinol is not effective in coping with his cancer, and stressed that, apart from his health concerns, "the problem is that no one wants to admit this is political."

Mr. Kubby ran for governor of California in 1998 as a Libertarian and received more than 70,000 votes. He was also involved in the successful campaign to pass California's Proposition 215 in 1995, which permits people to possess or cultivate marijuana for medical use.

The drug possession conviction was imposed after a mistrial was declared in a lengthy trial in California, where Mr. Kubby was accused of selling marijuana to compassion clubs.

The jury voted 11-1 for acquittal in the case, which was prosecuted by Mr. Cattran.

"I am not a lawbreaker, I am a law maker," Mr. Kubby said.

"All we are asking for is more time to clear my name." Mr. Kubby said his conviction was improperly changed by the courts in California during the appeal process to be a felony, rather than misdemeanour, offence.

The original sentence for drug possession was to be served through house arrest. Mr. Kubby said his family decided to move to Canada because there was no guarantee that he would be allowed to continue to possess marijuana for medical use. "They could arrest me again at any time," he said.

Mr. Kubby is filing an appeal of Judge Pinard's ruling in the Federal Court of Appeal and is hopeful he will be allowed to remain in the country. "We continue to believe Canada is compassionate," he said.

The Canada Border Services Agency has the authority to execute the removal order immediately, as a result of the court ruling. "They will be contacted. Their case will be dealt with," said agency spokeswoman Janis Fergusson.

Privacy regulations restrict the government from disclosing how it will handle the removal of the Kubby family, Ms. Fergusson said. "It is not going to be a year from now. We are expected to do it in a short period of time," she said.


By SHANNON KARI

http://www.theglobeandmail.com/serv...National/Canada

[Esoteric416]

Lame shit all that. Especially the way Kubby got kicked out of Canada.
The bit about his saying the peyote and shroom were for an artist's conception to go on a book, that was funny. I bet even if that were true he would have eaten them afterward. Of course that shouldn't be illegal either.

[Psycho4Bud]

Jan 28, 2006 -- Unfortunately I missed Steve's call today because of an interview. No problem, Steve called our Auburn contacts and described the circumstances of his day.

It seems that Placer has moved him from the infirmary to solitary confinement. He has a cell all to himself and he was freezing. Again they are ignoring his pleas for a blanket and have left him to shiver and chatter in a cold cell. Remember, this is in the foothills of the Western Sierra. It is very cold and the cold is a damp cold. I'm afraid he will be looking at getting pneumonia soon if he is not warmed up. :mad:
http://www.indybay.org/news/2006/01/1798969.php

[Miss Green]

Wow that's pretty full on I don't know what to say except it's just not on.It sounds like steve is sick anyway so what they are doing to him is inhumane and they should be going down for this.I just hope steve hangs in there and gets through this other wise his loved ones will be wanting question answered.:confused: :mad:

[mfactor420]

Jan 28, 2006 -- Unfortunately I (Michelle, Steve's wife)missed Steve's call today because of an interview. No problem, Steve called our Auburn contacts and described the circumstances of his day.

It seems that Placer has moved him from the infirmary to solitary confinement. He has a cell all to himself and he was freezing. Again they are ignoring his pleas for a blanket and have left him to shiver and chatter in a cold cell. Remember, this is in the foothills of the Western Sierra. It is very cold and the cold is a damp cold. I'm afraid he will be looking at getting pneumonia soon if he is not warmed up. :mad:
http://www.indybay.org/news/2006/01/1798969.php

:mad: Looks like Steve will die as martyr for the cause of legal smoke. It's really sad this has to happen. And who is telling his children what?:confused: I am trying to imagine those conversations. :mad:

[Psycho4Bud]

Kubby Hearing @ the Placer County Courthouse

We left San Francisco in the predawn hours with two vanloads of patients to drive up to Auburn for Steve Kubby's hearing at the Placer County Jail. We were all very concerned about Steve, as he couldn't even get a Tylenol for his pain and only after a massive call-in campaign to Placer County officials did a sympathetic deputy sheriff give him an extra blanket and pillow.

He was receiving Marinol from the prison nurse, but he needs more then THC, the principle active ingredient in Marinol. He was separated from the rest of the inmate population, because his vomiting disturbed the other inmates.

Placer County is the most conservative county in California and District Attorney Brad Fennochio has spent a great deal of tax dollars on persecuting medical cannabis patients. We expected a hostile environment, and knew that news of Steve's incarceration was the talk of Auburn.

As we were setting up, we talked to an attorney from the Public Defender's office. She was exasperated and said she was fed up with the Placer County legal system and that she'd be leaving soon to work in Nevada County.

Bill McPike, Steve's attorney arrived and went to the DA's office. He said Steve was hanging on and that our presence here was encouraging to him and gave him strength, although Steve had lost fifteen to twenty pounds.

The entire Sacramento news media had converged and we decided to start the press conference. I gave them an update on Steve's condition and answered their questions about Steve's legal status and tried to clarify a few details about our position, which is: get Steve his medicine, put him in the infirmary or release him to house arrest.

The courtroom was small, holding only fifty people. Only a few folks were able to make it in, but the room was packed. The bailiff led the other people in custody into the court. Steve was led in by himself. He was in shackles, but waved to the crowd and smiled. He looked in good spirits, but was slightly disheveled and thin. You could see that he was in obvious pain, but he seemed game to fight on.

The hearing was an afterthought, Steve pled not guilty to violating the terms of his probation, and he was scheduled to appear on Friday, February 3rd, 2006 at 8:30 AM.

The Assistant District Attorney Cattran, made a few statements outside, which amounted to a lot of double talk. If Steve dies while in custody, Cattran will be the person responsible.
http://www.indybay.org/news/2006/01/1799514.php

[Psycho4Bud]

AUBURN -- Medical marijuana activist Steve Kubby asked a Placer County judge today to let him use cannabis while he serves a 120-day jail sentence for a drug conviction in 2000. The Placer sheriff's department said it is opposed to the idea.
Kubby has contended that he will die in jail if he is not allowed to use cannabis to treat his condition.

Undersheriff Steve D'Arcy said his department's policy is that marijuana will not be furnished in any form to an inmate.

The 59-year-old Kubby made the request through his attorney during a hearing in Placer Superior Court in which the lawyer also asked that his client be released from jail to serve the sentence at his new home in Marin County. The attorney, Bill McPike, said Kubby could wear an electronic device so that his movements could be monitored by authorities.

Judge Robert McElhany made no ruling and scheduled another hearing for Friday. The District Attorney's Office said it has made no recommendation regarding the requests made today.
http://www.sacbee.com/content/news/story/14136111p-14964886c.html

[mfactor420]

So, let me see if I have this right. :mad: On the one hand, we have a judge who convicts a child rapist to 60 days in jail. On the other hand, we have a judge faced with a marijuana smoker who might have once tried some peyote, whatever and the poor old judge can't make a ruling. :confused: Give me a break!!!!

Oh my how I would like to take the judges by their respective gray heads and bang them together a couple times. :thumbsup:

Why does smoking a joint have to be presented as a far worse crime than child rape? :mad:

[Psycho4Bud]

Oh my how I would like to take the judges by their respective gray heads and bang them together a couple times. :thumbsup:

Why does smoking a joint have to be presented as a far worse crime than child rape? :mad:

EXACTLY....that is fucked up!!!:mad:

[Joel]

This is an outrage. How is it so possible for them to not allow Kubby to posses his medical marijuana to live in jail for his sentencing.

If Kubby died during the trial(wich I hope is not the case), do you guys think that the world its self would change its policies on med marijuana, or just Cali?

Kubby should be allowed to do what he wants because he is a perscribed medicinal marijuana users, thats like taking away life support from the president him self...

What an outrage.

[Psycho4Bud]

What: Steven Wynn Kubby's Preliminary Hearing and Interfaith Prayer/Meditation Circle of Healing

When: Friday, February 3, 2006 8 AM [Interfaith Prayer/Meditation Circle of Healing 7:30 AM]


For Immediate Release:
Steve Kubby is Dying in Placer County Jail

Contact: Clark Sullivan 415 424 0125 [email protected]

Who: Axis of Love San Francisco, HempEvolution.org, California Marijuana Party, Libertarian Party, California NORML

What: Steven Wynn Kubby's Preliminary Hearing and Interfaith Prayer/Meditation Circle of Healing

When: Friday, February 3, 2006 8 AM [Interfaith Prayer/Meditation Circle of Healing 7:30 AM]

Where: Placer County Jail; 2775 Richardson Dr.; Auburn CA 95603

Why: In custody for 8 days, Steve Kubby, Prop 215 co-author and 1998 Libertarian CA gubernatorial candidate suffers from adrenal cancer. He is facing 120 days in jail, revocation of probation and additional felony charges. Placer County Jail does not have the medical facilities or adequate resources to care for terminally ill cancer patients. For the Placer County authorities to blithely state that Steve is in good health or have no knowledge of Steve's terminal condition is a blatant lie.

Mr. Kubby has reported that he was coerced to sign a waiver absolving Placer County Sheriff's of any medical responsibility, due to his refusal to take blood pressure medication, despite the fact that Steve had never been prescribed blood pressure medication before
His attorney, Bill McPike has stated Mr. Kubby has lost 15-20 lbs while in custody. Steve requires a special vegan diet to retain body and his physical condition is rapidly deteriorating.
Placer County Undersheriff Steve D'Arcy said his department's policy is that marijuana will not be furnished to inmates, even in edible form, despite that it does not violate jail policy regarding smoking.

We believe Placer County officials are deliberately misleading the public about Mr. Kubby' fragile physical condition in an effort to belie the seriousness of the situation. We demand Placer County:

1. Provide a physician [preferably an oncologist], independent of the Placer County Jail, be made available to regularly examine and monitor Steve's health while in custody. Dr. Joseph Connors, a medical oncologist for British Columbia Cancer Agency, and [Steve's physician] should be consulted before any decisions are made regarding Steve's health.
2. Allow Mr. Kubby to medicate with medical cannabis while in custody, and
3. Provide Steve with an organic vegan diet that fulfills his dietary needs, and
4. Transfer Steve from solitary confinement to the infirmary where a registered nurse [R. N.] can monitor his vital signs on a regular basis, or
5. Release Steve to house arrest where his physical needs can properly be attended to, or
6. If Mr. Kubby should die in custody, we demand that Placer County officials be held accountable to the fullest extent of the law, as well as face significant criminal and civil legal penalties.

Bill McPike, Steve's attorney, has reported that calls are having an effect. Please contact the following numbers to express your concern:
* Placer County Jail Medical Center (530) 745-8660
* Bradford R. Fenocchio; Placer County District Attorney; (530) 889-7000; (530) 889-7129 fax; [email protected] [Deputy DA Chris Cattran can also be reached at this number.]
* Sheriff Edward N. Bonner (530) 889-7800; Fax: (530) 889-6883; [email protected]

Steve Kubby needs your positive thoughts and prayers. Join us for an Interfaith Prayer/Meditation Circle of Healing in front of the jail at sunrise.

http://www.indybay.org/news/2006/02/1799915.php