Pubdate: Thu, 11 Sep 2003
Source: Sacramento Bee (CA)
Contact:  2003 The Sacramento Bee
Pubdate: 11 sept 03
Author: Ramon Coronado, Bee Staff Writer


SAN FRANCISCO -- The California Supreme Court refused Wednesday to grant an 
appeal of a felony conviction for Steven Wynn Kubby, the medical-marijuana 
activist convicted of possession of mescaline.

The state's highest court refused to review an appeal court decision in 
June that reinstated Kubby's felony conviction, which a Placer County judge 
had reduced to a misdemeanor.

Marijuana possession and cultivation charges were dropped in 2001 after a 
jury voted 11-1 for acquittal, but Kubby was convicted of felony possession 
of mescaline and a psychedelic mushroom. The judge reduced both to 
misdemeanors. The 3rd District Court of Appeal said he erred because the 
law specifically makes mescaline possession a felony.

Kubby, who fled to Canada, is considered a fugitive for failing to report 
to jail in July 2001 to serve a 120-day sentence on the convictions. He 
contends the jail term would be tantamount to a death sentence because he 
would be unable to receive marijuana therapy for adrenal cancer.
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