[KUBBY HOME PAGE] [AMERICAN MEDICAL MARIJUANA ASSOCIATION] [PROP. 215]
August 29, 2000
Editorial: Kubby Trial Begins
The trial of former gubernatorial candidate (and part-time Orange County resident) Steve Kubby and his wife Michele on 19 criminal counts of possession, cultivation, sale and possession for sale of marijuana begins in earnest today before Superior Court Judge John L. Cosgrove in Auburn, in Placer County. The Kubbys both have notes from doctors recommending that they use marijuana for medical conditions, but the case revolving around 265 plants found at their former home near Lake Tahoe is being prosecuted like a standard drug trafficking case.
Prosecutors contend that the only explanation for growing that many plants is that the couple was growing to sell and will try to prevent discussion of Proposition 215, which authorizes the medical use of marijuana, or the couple's medical conditions. Defense Attorney J. David Nick says this is the most massive, concerted prosecution he has seen in California and that prosecutors around the state are waiting to see what happens in this case. The impact on official treatment of those who claim their use of marijuana is medical, four years of inconsistent implementation after California voters authorized such use, could be profound.
Steve Kubby told us that he believes Judge Cosgrove will be fair and allow all aspects of the case to be aired. Judge Cosgrove declined to dismiss the charges outright on grounds that the search warrant was faulty; he allowed defense attorneys to question prospective jurors about their attitudes toward the medical use of marijuana. He also authorized an abbreviated trial schedule because of Mr. Kubby's medical condition.
The Kubbys are urging other patients to attend opening arguments tomorrow by the prosecution and famed San Francisco attorney Tony Serra, for the defense. The trial will continue next week, be in recess for almost a month and resume in October. The Register will provide periodic updates. The Kubbys claim they were growing marijuana only for their own medical needs, as authorized by California voters. The prosecution claims they were hiding behind the law to cover their drug dealing.
Since the voters made Proposition 215 into Section 11362.5 of the Health and Safety Code, implementation has been spotty and unpredictable. Some localities seem eager to cooperate with patients while others prefer to arrest them and "let the courts sort it out." The disposition of this therefore, could affect how other localities treat medical marijuana patients.
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Pubdate: Tue, 29 August 2000
Source: Orange County Register (CA)
Copyright: 2000 The Orange County Register
Contact: letters@link.freedom.com
Address: P.O. Box 11626, Santa Ana, CA 92711
Fax: (714) 565-3657
Website: http://www.ocregister.com/
Cited: Steve and Michele Kubby: http://www.kubby.com/
Bookmark: MAP's link to over a hundred articles about the Kubby case:
http://www.mapinc.org/kubby.htm
[KUBBY HOME PAGE] [AMERICAN MEDICAL MARIJUANA ASSOCIATION] [PROP. 215]