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Medical marijuana advocate's final drug convictions dismissed
By Gus Thomson, Journal staff writer
Courtesy
Former Auburn resident Steve Kubby poses with marijuana plants recently after his Placer County possession of peyote and magic mushrooms charges were dismissed.

By Gus Thomson

Journal Staff Writer

A Mendocino County court has dismissed the remnants of a 1999 Placer County prosecution of medical marijuana proponent Steve Kubby.

The ruling – which sees Kubby’s misdemeanor convictions for possession of a magic mushroom stem and peyote buttons expunged under California law – came last week.

Full erasure of the conviction would take a governor’s pardon, but Kubby said Tuesday that the court decision to dismiss the case leaves him “fully vindicated and in possession, once again, of my inal-ienable, inseparable, non-transferable rights.”

Mendocino County Chief Probation Officer Wesley Forman issued a statement said that he had no objection to the dismissal by Judge David Nelson because Kubby had complied with the terms of his probation.

Kubby’s legal challenges started after a January 1999 raid on his Olympic Valley home in Placer County. The raid netted 265 marijuana plants from an indoor grow.

Kubby was a chief proponent of medicinal marijuana law Prop. 215 when it was passed by voters in 1996 and ran for governor as a Libertarian two years ago. He was also a candidate for Libertarian Party presidential nominee this year.

Kubby’s chief defense at the trial was that he and his wife had a doctor’s recommendation for medi-cal use of marijuana and that his use kept a rare form of adrenal cancer at bay.

In one of the most contentious trials in Placer County legal history, a mistrial was declared after a jury leaning 11-1 for acquittal on possession-of-marijuana-for-sale charges remained deadlocked after five days of deliberations and four months of testimony.

Kubby would eventually serve 20 days of a 120-day jail term in Placer County on the jury’s peyote and mescaline possession convictions, both misdemeanors.

Kubby, 61, now lives in Mendocino County. He said that he has fond memories of much of his life in the county but that he wouldn’t return as long as the district attorney who prosecuted the case – Brad Fenocchio – was still in office.

The Journal’s Gus Thomson can be reached at gust@goldcountrymedia.com. A more detailed story will appear in a future edition of the Journal.

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20 comments on this item

Good old Mendocino County. Where half the illegals are driving around in Escalades and the cops are growing themselves. Having lived in Mendo County for the last 4 years and biting at the bit to get back to Placer County all I can say is I'm glad that Kubby's not coming back to Placer. This place (Mendo) is so corrupt that you can't even think of calling the sheriff's office as they probably won't respond. They're usually too busy tending to their "gardens". I have never seen anything like this anywhere and I've been in every state in the union. Until just 2 years ago (and only because he died) Mendo county had the ONLY DA in America who was an ex-felon. Tax evasion no less. And not when he was a younger man either. There are 7 houses on the road I live on. 5 of those houses are growing. Crime is rampant. You can't take a walk by the Russian River as someone might think you're encroaching on their grow plot and shoot you. 100 Million dollars in cash floats around in this county and there are only 89,000 people in it. In the last 4 years that I've been here there have been 3 major chain hotels built. For a population of 16,000? When September and October come around the transients come in and "trim" the plants and deplete what resources the county has to help people that need it. These "trimmers" get food, shelter, clothes from the county and 25 bucks and hour to trim from the growers. So Mr. Kubby with your rare adrenal cancer stay here in Mendo and bring it down with the rest of your cronies. You win, I'm outta here.

Mendo might have more than it's share of marijuana growers, but sadly Placer County has more than it's share plus most of the huge grow operations that have been busted in the past several years have been Mexican Nationals growing on our public land. Then we have all of the meth heads and cooks who in my opinion are a much bigger problem.....you might want to do some more research on the county before you make your move. Crime is everywhere. Also, do you think that just MAYBE the fact that much of Mendo is on the Pacific Coast might have more to do with the big hotel chains wanting tourists' money rather than the god awful pot trimmers? Steve Kubby does have very valid reasons for using his medicine, and I am glad to see he's been vindicated. He stands for the medical patients who want to be able to use their medicine without being considered criminals. Bottom line, marijuana itself is a harmless plant which brings relief and a better quality of life to millions of people who suffer from serious illnesses, chronic pain, and too many other reasons to list. If you do some current research on the plant and it's benefits, you might be very surprised. I invite you to open your mind and educate yourself. I have no doubt that if marijuana was legalized there would be no commercial growers shooting at people nor would it be a cash crop for Mendo, and so many other counties. It's a plant, if it's legal there's no money to be made....oh but then our government wouldn't be able to tax it and the pharmaceutical companies would be pissed. I'm sure I'll be attacked for my opinion, but remember.......opinions are like belly buttons, we've all got one.

I'd rather be from an area known for pot gardens than meth labs--which is more prevalent here than Mendocino.

stella....you're assuming that I'm not a pot smoker. I'm just beyond tired of all of the crap that it's bringing to this county. I am totally aware of the meth labs and appreciate you pointing that out. I have a home in Placer County already and don't have the problem in my immediate neighborhood. I also wish that they would just legalize marijuana and be done with it. Marijuana is not a harmless plant until it's made legal. Then and only then will I agree with you that it's harmless. Mexican nationals all over the place, killing people, maming people and taking all of that money back to Mexico. Our own citizens doing the same. I could go on and on about what I've seen first hand here, and it might or might not shock you. Oh, and because of the pot growing etc. there are no tourists to speak of over here anymore. The place has become a cesspool and it's a damn shame.

I shold clarify that I live in Ukiah. The county seat. The town of Mendocino is a truly different situation as far as tourists go anyway.

"Fond Memories"... Dude, you remember back when we were down at...lets see...where was that? I was kinda torn up at the time...

Well, Steve will be able to return soon enough as Fennochio's reign is almost over--finally.

Pot is amotivational. I used it when I was on chemo last year. It helps with nausea for sure. It is a psycoactive drug and long term use... well it makes one stupid. I think it should be legal, but controlled.

I agree with chunga. I have hand friends that have had benefited from it when going through chemo. Obviously chunga has the first hand experience, but from what I hear nausea is tricky to control and often a number of things need to be tried before finding something that works. At least one of my friends tried pharmaceutical THC without much help, but pot helped him.

I believe we've lost the war on drugs with respect to Marijuana, and as long as it's illegal there will be criminals producing and distributing them. Cultivation and distribution is a perfect vocation for low life folks who have no fear of going to jail. I say legalize pot and let's spend the money saved hunting down crystal meth cookers like the worthless dogs they are.

What I wish is that they would legalize pot .I personally don’t smoke it because I was one of those lazy “pee wee Herman”, Garry Schandling show watching people when I got high .I know some people can get up and move around and do things while under the influence of pot but not me .The reason I wish it would get legalized is so these people who are running the pot clubs quit getting rich off of people who are sick and don’t have the kind of money that the club is charging them .I know a few people who buy weed off the street because it is cheaper then the club and don’t have their card and if ever arrested will faces charges that someone who has a card wont we all know someone who has a pot club card for some phony reason medical reason and had 150 dollars to spend on the card. The clubs were suppose to be voted in for the sick people who were looking for some thing to make their sickness more bearable not for the young kid who cant sleep at night or has a headache once in a blue moon. Pot needs to be legalized to stop the low life’s that are getting rich selling to the club and the people running the clubs. If someone walked into a club who has cancer and pot is the only thing that helps with the pain and sickness why should they have to pay hundreds of dollars for an ounce of weed it doesn’t cost a whole lot of money to grow weed .park across the street from a pot club and you will see more people walk in with limps and bad legs but as they leave the club with their brown bag of weed they skip back to their cars, yes there probably are real sick people going to the clubs but I just don’t feel weed should cost so much and be such a hassle for these people to get. The sad thing is if it was legal to grow weed in our backyards you know there would be the criminals who found it to be too much work to grow and take care of their own crop so they would steal their neighbors. well this is just my opinion and you know what they say “opinions are like buttholes ,everyone got one and they all stink”

Mendocino County may be corrupt, as PlacerPal has stated without any facts to back up the claim, but "...half the illegals are driving around in Escalades..." and "...Mexican nationals ...killing people, maiming people,,,". You know these Escalade drivers to be illegal? Where are the news reports about the "killing" and "maiming"? "...no tourists to speak of over here anymore"? Mendo Co. is a huge tourist draw. Ukiah may not see much tourism because there isn't much to see there. "The place has become a cesspool..."? No wonder, what with the racist, idiotic attitudes of many recent transplants....

Thank you UhHuh. I'm sure that they will now try to defend their bigotry. Not very subtle is it?

MrKIA. it is very hard to control the nausea and pills don't help because it is hard to keep them down when one is sick. Smoking pot gives instant relief and allows one to sustain the sustenance needed to survive. I tried the pills and started smoking pot after losing 50 pounds in 45 days. I only lost 15 more pounds in the next 6 months. I hope your friends are OK

All: Steve Kubby endangered the compassionate use of all of us that need pot to stay alive. I don't know much about Peyote but Magic Muushrooms are magic because they are toxic. That's what makes one halucinate. The poison in the liver causes unrepairable damage.

He is obviously a stoner and embarrassment to all of us in need.

Legalize and tax it like alcohol, then the county and state can make $$ to manage the programs for those addicted..just like alcohol and those in the UK do, and with doctors supervision, ...we waste so much money on drug suppression its time we were a bit smarter...

The sad fact is the states and counties makes more money fighting this loosing war on drugs.with pot legalized the state and counties dont get money from our goverment to wage the war on drugs and there would be alot of people D.E.A agents out of work it is not good for the economy the state cant ask for money for the yearly budget from the goverment if there isnt this war on drugs going on.and as for winning the war most officers involed would tell you they arrest the same people for the same drug crimes almost all the time the arrest them the person gets 3 hot's and a cot for a few days then they are released free to do it all over again. and its funny like Chris rock said you can lock up all the pot dealers but guess what pot sells itself and alaways will.I agree fight it from the legal side if you legalize it first it is a whole differant way of fighting it like they did with alcahol but realize you will always have people out there who will let it take control of their lives like alcahol has with some people also

Hockey 1- it will not put D.E.A. agents out of work pleeeez.The federal gov't says it's illegal leave it illegal.

auburnnative: In one post, you propose to legalize & tax marijuana, but in the next, you basically say, let the Feds run our lives--which is it?

Steelybob: I have never said to legalize it, you've got me mixed- up with auburnite.

auburnnative--Sorry, you're right, you'e not schizo after all.

Kubby, we could use you running as a Libertarian in the 4th district congressional race. I supported your candidacy for the Libertarian presidentail nomination this year. I would support you if you were to ever run for political office again. Legalize industrail hemp!

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