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High Court Refuses To Allow Mescaline-Conviction
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.
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