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Auburn Journal Took up Case of Celebrated Pothead

Posted by Aaron Park on August 23, 2008 at 06:32 PM

Click here to read about the Sordid past of Auburn Journal Editor Deric Rothe – his Felony Conviction for drug trafficking

Remember Steven Kubby?

He was extradited from Canada to the USA when he ran to avoid prosecution for Narcotics production. (at least Rothe stuck around)

Before and after Rothe had his civil rights restored from his prior Drug Trafficking conviction – the Auburn Journal took up the cause of Stephen Kubby.

In 2003, Kubby’s felony conviction was reinstated as reported by the Auburn Journal

There was a follow-up story trumpeting Kubby’s plight as he applied for refugee status in Canada

And another in 2006 when his ‘stay’ in Canada was about to run out

And this is basically a commentary printed in the AJ taking Kubby’s side

And this year a follow-up story was run:

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 inalienable, 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.

Blogger’s Notes – I can hardly wait to see the full story. What I have read thus far looks pretty biased in favor of the pothead. While Rothe didn’t write any of the stories, he has a responsibility to make sure his paper isn’t used to pimp an agenda.

Even worse – a reporter by the name of Ryan McCarthy wrote some of the stories. McCarthy was a known pot user himself. Given how Rothe and the journal have reported on crime over the years – why should anyone be surprised?

Comments

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Steve Kubby

Friends,

As most people familiar with my case already know, I had the court’s permission to move to Canada, I returned voluntarily to clear up an alleged probation violation, I was never extradited, and was I never convicted for “Narcotics production.”

Despite these facts, the Placer County Republicans continue to lie about me as well as their own criminal and dopey response to the passage of California’s historic Prop. 215.

It’s time the Placer County Republicans grow up and do what former Republican Congressman and now Libertarian Presidential Candidate, Bob Barr has done—declare that the drug war was a mistake and must end now.

—Steve Kubby

Aaron F Park

Mr. kubby – thanks for visiting.

Would you care to clarify what your original felony conviction was for?

The point of this article was to point out that the Auburn Journal was on your side – a point that you did not dispute.

however, if you could clarify the above question – I will change the post to reflect it.

Steve Kubby

I was convicted of possession of a microscopic amount of mescaline, a controlled substance.

The mescaline was extracted, by police chemists, from some tiny cactus buttons, left in our guest bedroom. I testified that I had never seen the cactus buttons before, but the jury convicted me anyway.

The conviction was for a misdemeanor and I was allowed to move to Canada, while we appealed the decision. However, after I left for Canada, two Placer judges who had been removed from my case for prejudice and bias, secretly converted my misdemeanor appeal to a felony appeal, which automatically turned me into a fugitive, since felony appeals require the defendant to be present.

I protested all this, legally, from Canada. When my legal appeals failed, I voluntarily returned to the US, with my lawyer, who had negotiated my turning myself in to Placer County – for an alleged probation violation.

Instead, the Placer DA lied, told the media I was a “fugitive” who had been “deported” and “extradited:” to the US. It was the DA who broke the deal and had me arrested off the airplane, when hundreds of supporters and media were waiting for me to arrive at SFO. The resulting firestorm of publicity was all created by a publicity hungry DA and his prosecutor.

The fact that the Mendocino court dismissed the conviction and expunged my record is proof that I was the innocent victim of police and prosecutors who hate the fact that I helped write and pass California’s historic medical marijuana law, a vote heard round the world.

I have never engaged in criminal conduct, but have instead, dedicated my life to helping other patients who benefit, as I have, from this miraculous healing herb.

Placer Sheriff Ed Bonner understood this and visited me while I was in custody. He gave me a warm greeting and called me a “hero.” Sheriff Bonner told me that he and everyone else though our new law was a fraud, at first. However, according to Bonner, he has come to understand that medical marijuana is real and the police are going to have to recognize the rights of medical marijuana patients.

I received a similar response from Attorney General Janet Reno, when I met with her for private talks, on behalf of the organization I founded, The American Medical Marijuana Association. Since then, I’ve had nothing but cooperation and respect from the feds.

In fact, I am now the CEO of a pharmaceutical company that is seeking legal licensing, in Canada and the US, for cannabis based medicines.

It is time for the Placer DA to stop lying about my case and admit that they made a huge mistake when they arrested and attempted to prosecute me as a common drug dealer.

—Steve Kubby

Dave

“Known pothead.” I guess this is known as green baiting. And like red baiting, it’s very tired and lame. No one cares about pot ‘cept a couple of preachers, cops and bureaucrats scared of change.

Grow up and find a subject people actually care about.

Aaron F Park

If you actually used the product you are writing to support – you wouldn’t be so hostile.

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