Pubdate: Fri, 22 Dec 2000
Source: Orange County Register (CA)
Copyright: 2000 The Orange County Register
Contact:  P.O. Box 11626, Santa Ana, CA 92711
Fax: (714) 565-3657


A jury in the Placer County trial of medical marijuana patients Michele and
Steve Kubby came in with an 11-1 "hung" verdict on most of the charges
against the part-time Orange County residents. Michele Kubby was acquitted
of all remaining charges. Steve Kubby will face sentencing on two minor
charges Feb. 2. There is no indication yet whether the prosecution will
refile charges. A decision might not be forthcoming until February.

"The most important aspect of this case," Steve Kubby told us Thursday, "is
that in this most conservative of counties 11 members of the jury voted for
acquittal on the basis of the Oakland guidelines for medical patients." Mr.
Kubby had been charged with growing plants for commercial sale, but he
contended he was following guidelines set up by a panel in the city of
Oakland that allowed for indoor "grows," 144 plants, in different stages of
development, per patient to provide a year's supply.

One juror voted for conviction on all charges. Other jurors tilted toward
testimony such as that of Dr. Vincent DeQuattro of the USC medical school,
who testified that medicinal use of cannabis is a life-and-death issue for
Steve Kubby and California law (since voters approved Proposition 215 in
1996) protects patients with only a verbal recommendation from a licensed
physician against punishment for possession, use and cultivation of

The trial showed that when presented with facts, most jurors came to
believe, as one told a television interviewer, that sick people should be
taken off the battlefield of the drug war.
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