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.
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