Kubby Trial Ends in Mistrial, Eleven Jurors Accept Prop. 215 Defense 12/29/00

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(courtesy NORML Foundation, http://www.norml.org)

A mistrial was declared in the high profile case against former California gubernatorial candidate Steve Kubby and his wife Michelle, both medical marijuana patients. The trial ended last week after a hung jury (11-1 in favor of acquitting the Kubbys) was declared on five counts of marijuana possession, cultivation and conspiracy.

An almost unanimous jury supported the intent of California's medical marijuana law, Proposition 215, by refusing to convict the couple on charges involving the cultivation of 265 marijuana plants and alleged distribution. However, the jury convicted Steve Kubby of possession of a small amount of psilocyn (psychedelic mushrooms) and peyote buttons. He is scheduled for sentencing on February 2nd.

The Kubbys were arrested on Jan. 19, 1999 after the Placer County Sheriff's Department raided their Tahoe home and confiscated the marijuana plants, computer records and hardware. The prosecution contended that the Kubbys were planning on selling the marijuana to the Oakland Cannabis Buyers' Cooperative (OCBC). The Kubbys denied the allegations and said they worked with the OCBC to insure their marijuana garden complied with local guidelines.

"The important thing is the jury upheld the Oakland guidelines," Steve Kubby said. "Everything else is really superfluous."

"While we feel badly that Steve Kubby was convicted on the other counts, we were here for a marijuana contest and we won that," said Tony Serra, Esq., Steve Kubby's lawyer.

Visit http://www.kubby.com for further information.

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Issue #166, 12/29/00 Clinton Frees Kemba Smith and Dorothy Gaines, More Pardons Possible as 450,000 Non-Violent Drug Offenders Remain Behind Bars | Interview with Dorothy Gaines | Ashcroft Nomination for Attorney General Bodes Ill for Drug Policy Reform | Uruguayan President Becomes First Head of State to Call for Legalization of Drugs, Story Ignored by US Press | FCC Chastises Networks for Drug Czar's Media Campaign, NORML Complaint Brings Victory | Kubby Trial Ends in Mistrial, Eleven Jurors Accept Prop. 215 Defense | Which State Has More People -- Your State or the Prison State? | Urgent Action: Ashcroft, Clemencies, Hemp | NYC and Budapest Job Opportunities | The Reformer's Calendar | Editorial: Awakening from Kemba's Nightmare
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