Pubdate: Sat, 04 Mar 2006
Source: Sacramento Bee (CA)
Section: Pg B5
Copyright: 2006 The Sacramento Bee
Note: Does not publish letters from outside its circulation area.
Author: Art Campos, Bee Staff Writer
Bookmark: (Cannabis - California)


A Placer County judge rejected a request Friday for a hearing to 
modify the 120-day jail sentence now being served in Auburn by 
medical marijuana activist Steven Wynn Kubby.

Superior Court Judge John Cosgrove had been asked by Kubby's attorney 
to revisit the sentencing because Kubby was in Canada in 2003 when 
his misdemeanor drug conviction was reinstated as a felony by an appeals court.

The attorney, J. David Nick of San Francisco, argued that Kubby, who 
moved to Canada in 2001 to avoid jail time and to continue treating 
his adrenal cancer with marijuana, was never properly sentenced on 
the felony count.

However, Cosgrove agreed with prosecutor Christopher Cattran's 
contention that the sentencing in 2001 had been appropriately imposed.

"I don't see why Mr. Kubby wants another sentencing just because he 
absconded (to Canada)," Cosgrove said.

Kubby was convicted by a Placer County jury for possession of 
psilocyn and of mescaline, the latter charge being a felony.

Cosgrove reduced the felony to a misdemeanor and imposed the 120-day 
jail sentence and a three-year probation on Kubby.

Kubby claimed he would die in jail without marijuana treatment for 
his cancer and moved to Canada before his jail term was to begin. He 
stayed in Canada until his deportation Jan. 26.

He was arrested by authorities when his airplane landed in San 
Francisco. He's been in the Placer County jail since Jan. 27.

Nick said his client has lost 25 pounds during his 37 days in jail, 
where he receives the drug Marinol to relieve symptoms of his 
illness. Kubby's previous attorney said in an earlier interview that 
marijuana seemed to be more effective in treating Kubby's symptoms 
than Marinol.

Kubby will return to court March 14 on a charge that he violated his 
probation when he moved to Canada.
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