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US CA: Editorial: Kubby Verdict

Orange County Register (CA)

Friday 22 Dec 2000

US CA: Editorial: Kubby Verdict
Pubdate: Fri, 22 Dec 2000
Source: Orange County Register (CA)


KUBBY VERDICT

A jury in the Placer County trial of medical marijuana patients Michele and Steve Kubby came in with an 11-1 "hung" verdict on most of the charges against the part-time Orange County residents. Michele Kubby was acquitted of all remaining charges. Steve Kubby will face sentencing on two minor charges Feb. 2. There is no indication yet whether the prosecution will refile charges. A decision might not be forthcoming until February.

"The most important aspect of this case," Steve Kubby told us Thursday, "is that in this most conservative of counties 11 members of the jury voted for acquittal on the basis of the Oakland guidelines for medical patients." Mr. Kubby had been charged with growing plants for commercial sale, but he contended he was following guidelines set up by a panel in the city of Oakland that allowed for indoor "grows," 144 plants, in different stages of development, per patient to provide a year's supply.

One juror voted for conviction on all charges. Other jurors tilted toward testimony such as that of Dr. Vincent DeQuattro of the USC medical school, who testified that medicinal use of cannabis is a life-and-death issue for Steve Kubby and California law ( since voters approved Proposition 215 in 1996 ) protects patients with only a verbal recommendation from a licensed physician against punishment for possession, use and cultivation of marijuana.

The trial showed that when presented with facts, most jurors came to believe, as one told a television interviewer, that sick people should be taken off the battlefield of the drug war.


 

 

 

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