Medical marijuana activist Steve Kubby asked a Placer County judge Tuesday 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.
Kubby was in court for arraignment on a charge that he violated probation by moving to Vancouver, Canada, in 2001 to avoid serving the 120-day sentence. Kubby formally entered a denial to the charge. A jury had found him guilty of a felony charge of possession of peyote and of a charge of possession of a psychedelic mushroom. The latter charge was later reduced by a judge from a felony to a misdemeanor.
Placer sheriff’s deputies found the drugs during a 1999 raid on Kubby’s home in the Lake Tahoe area. Also found in the home were 265 marijuana plants, which Kubby said he needed for medical use to control a rare form of adrenal cancer. The jury voted 11-1 to acquit him of illegal possession of the cannabis.
Kubby was deported from Canada on Thursday and was arrested by police after his airplane landed at San Francisco International Airport.
ATTENTION! KEEP CALLING THE JAIL MEDICAL CENTER (530) 745-8660 AND REQUESTING THAT STEVE SEE AN OUTSIDE DOCTOR. CONTINUE TO CALL THE DISTRICT ATTORNEY’S OFFICE ABOUT THE MOTION INTO COURT FOR EDIBLES TO BE GIVEN TO STEVE. THANKS EVERYONE!
Friday the 3rd will be the preliminary hearing to set the date for the trial which is estimated to be around February 15th. Bill McPike, Steve’s attorney, met with the DA in hopes to be able to work with Placer County Probation Department to reinstate Steve’s probation.
Although Steve is thin and mal-nutritioned, he was pleased to see all of his friends and family in the courtroom, today. A little bit of good news is that he is now being given some Marinol but not the full dose amount he should be getting; 3 instead of 6 and he is has yet to be seen by a doctor.
Michele and the girls set out to cross the border and transport their belongings to the states. There is a little light at the end of the tunnel where Canada is concerned, but more on that at a later time. She and the girls made it across the border without any troubles of any kind, thankfully.
Unfortunately, Steve will be incarcerated the entire time.
Steve’s Current Booking Information & Conditions
Name: Kubby, Steven Wynn
Jail ID/Booking No: P00049899/0601064#
Book Date: 1/27/2006 14:41
Arresting Agency: Placer County Sheriffs Department
Custody Status: In Custody
Authority: Charge(s): Bail:
Bench Warrant 1. 11377 (A)HS Possess Controlled Substance
Total Bail: 0
With the above data from www.placer.ca.gov we now know Steve Kubby’s current status.
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