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Tuesday, 06 March 2001 19:00 |
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From Wikipedia:
In 1999, Kubby and his wife Michele were arrested and faced trial for growing his own cannabis in his home, though he was entitled to do so legally on behalf of himself and his wife, also a licensed cannabis patient. Calling his arrest the "Scopes monkey trial of medical marijuana," Kubby remained defiant in his support of the Compassionate Use Act. He maintains that the prosecution was politically motivated, implicating then-Attorney General Dan Lungren's office.[9] Lungren had been aggressive in resisting the implementation of Proposition 215,[10] to the point of issuing instructions to peace officers on how to cross-examine cannabis patients so as to undermine their claim of sanction.[11]
In jail for 72 hours after the arrest, Steve Kubby was deprived of medical marijuana and became seriously ill. His blood pressure shot up to dangerous levels. USC Medical Center's Dr. Vincent DeQuattro, who made Kubby's original diagnosis, wrote a letter to the court explaining Steve's condition and warning the judge what could happen if Steve was further deprived of cannabis.
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Please consider the consequences of Steve's condition not being controlled. His tumor is manufacturing large quantities of norepinephrine (noradrenaline) and possibly epinephrine (adrenaline). Either compound in minute quantities could kill him instantly by causing sudden cardiac death due to arrhythmia or acute myocardial infarction, or sudden death due to cerebral hemorrhage or cerebral vascular occlusion.[4] |
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Kubby described their ordeal in his official complaint,
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During the entire three days I was incarcerated in the Auburn jail, my tormentors mocked me and my wife as medical-marijuana patients, going out of their way to punish us. Both of us were exposed to freezing conditions, and my wife contracted pneumonia as a result. I spent the entire night shivering and vomiting and could not even get a second blanket for my concrete holding cell. I recall one of my tormentors was a tall, muscular deputy named 'Davis,' who threatened me physically because I was too sick to complete the intake procedure. . . I also filed a written objection about my left eye going blind, and not receiving even a medical examination.[12] |
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Michele Kubby won an acquittal on all charges. Steve Kubby's trial, owing to one juror's refusal to acquit, received a mistrial on all the cannabis charges, which were eventually dropped. The jury also voted to convict on a possession charge involving a psilocybin mushroom stem and a few peyote buttons (a felony) found in their house. Kubby was sentenced to 120 days in jail.
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Last Updated on Saturday, 07 March 2009 13:19 |
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