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Pubdate: Thu, 11 Sep 2003 Source: Sacramento Bee (CA) Contact: 2003 The Sacramento Bee Website: http://www.sacbee.com/ Details: http://www.mapinc.org/media/376 Pubdate: 11 sept 03 Author: Ramon Coronado, Bee Staff Writer HIGH COURT REFUSES TO ALLOW MESCALINE-CONVICTION APPEAL 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. - --- MAP posted-by: Jay Bergstrom