>From: "Peter McWilliams" >Subject: Bravo, Steve! >Date: Thu, 6 Jan 2000 16:34:59 -0800 >X-Mozilla-Status: 8001 >X-Mozilla-Status2: 00000000 > > >Pubdate: Thu, 06 Jan 2000 >Source: Sacramento Bee (CA) >Copyright: 2000 The Sacramento Bee >Contact: opinion@sacbee.com >Address: P.O.Box 15779, Sacramento, CA 95852 >Feedback: http://www.sacbee.com/about_us/sacbeemail.html >Website: http://www.sacbee.com/ >Forum: http://www.sacbee.com/voices/voices_forum.html >Author: Wayne Wilson, Bee Staff Writer >Cited: Steve Kubby: http://www.kubby.com/ > >MEDICAL POT DEFENDANT ASKS LOCKYER TO STEP IN > >Medical marijuana advocate Steve Kubby has gone on the offensive in his >battle with Placer County law enforcement, alleging that his "basic right" >to use "the only medicine that keeps me alive" has been violated. In a >formal complaint dated Tuesday, the 1998 Libertarian gubernatorial >candidate asked state Attorney General Bill Lockyer to intervene in the >pending prosecution of Kubby and his wife, Michele, claiming the >possession-for-sale charges filed against them are bogus. > >"My wife and I are victims of those who seek to gut Prop. 215 and punish >those behind it," said Kubby, whose physician has submitted a letter to the >court declaring that marijuana "not only controlled the symptoms of >(Kubby's cancer) but, in my view, has arrested its growth." > >Proposition 215, the Compassionate Use Act passed by voters in 1996, >legalized the cultivation and possession of marijuana for medical use in >California. Kubby was one of its chief proponents. > >The prosecution contends that the Kubbys' in-home cultivation of 265 >plants, 110 of them fully grown and budded females, exceeded the number >necessary to meet his medical needs. > >But Kubby disagrees. > >"We are but two of dozens of patients and caregivers who acted in good >faith following passage of 215 and have been cynically arrested by >narcotics agents who seek to invalidate the voters' will and the present >state law," Kubby charged. > >Kubby named Placer County Sheriff Ed Bonner, District Attorney Brad >Fenocchio, Undersheriff Steve D'Arcy, Deputy District Attorneys Christopher >Cattran and Eugene Gini and sheriff's investigator Michael Lyke as those >"who bear direct responsibility for what was done to me and my family." > >Because Kubby is the subject of an ongoing prosecution, none of the law >enforcement officials contacted would comment on his complaint. > >Sheriff Bonner said he hadn't seen the allegations. "(Kubby's) got a court >date coming up. We'll address it then," he stated. > >Fenocchio reacted with a simple, "No comment." > >Kubby's complaint went to the Department of Justice public inquiry unit, >which will assign staff to examine the matter and address the issues as >needed, said Nathan Barankin, the attorney general's communications >director. > >In his complaint, Kubby, 53, described himself as a "legally disabled >terminal cancer patient" whose condition requires that he consume about >seven pounds of marijuana a year. > >He said the raid last Jan. 19 at his Squaw Valley home and subsequent >incarceration almost killed him, destroyed his primary source of income and >forced him out of his home and into bankruptcy. > >"I never chose to be a medical marijuana patient, but I've exhausted every >other therapy, including radiation, surgery, chemotherapy and exotic >drugs," Kubby wrote. "Only medical marijuana worked for me." > >Kubby pointed out that he played a key role in passing a law "to help >people like me. . . . My wife and I were in careful compliance with the >Compassionate Use Act and should not have been arrested. > >"After a year and a half of investigation, not one instance of sales has >been uncovered. Both my wife and I passed a test to prove we use no illegal >drugs," he declared. > >The Kubbys are scheduled to go to trial on charges of possession, >possession for sale, conspiracy and cultivation in mid-February. > > >================================================================ > >This message is sent to you because you are subscribed to > the mailing list . >To unsubscribe, E-mail to: