Kubby Wants To Smoke Pot During Trial
Posted by FoM on March 02, 2000 at 16:40:26 ET:

Kubby Wants To Smoke Pot During Trial

March 02, 2000
By Jessica R. Towhey, Journal Staff Writer
Source: Auburn Journal
www.auburnjournal.com/
www.cannabisnews.com/

Steven Kubby's attorney introduced a motion Wednesday asking that he be
allowed to smoke marijuana during his medical marijuana trial.

Dale Wood said the seriousness of Kubby's adrenal cancer requires him to
"medicate" roughly every hour-and-a-half. Additionally, Wood requested
that if Kubby is searched coming into the courthouse, he not be arrested
for carrying an illegal substance.

"His blood pressure and excessive amount of adrenaline appear to be
controlled with regular dosages of marijuana," Wood said, adding Kubby
smokes more than 7 pounds of marijuana a year to control his symptoms.

"As long as he's a bona fide medical marijuana user, he should be allowed
to medicate," Wood said.

Assistant District Attorney Gene Gini, however, said a clear question
exists as to the value of Kubby's physician recommendation for medical
marijuana. However, he did agree with Wood that if Kubby is allowed to
medicate, he should be in an isolated location.

"It would be preferable to medicate where he is not in the presence of the
jurors or anyone else," Wood said.

Joseph Farina, attorney for Michele Kubby, said she would not be medicated
since she is nursing her 3-month-old daughter.

Both Kubbys have physician recommendations for medical marijuana usage
under the Compassionate Use Act of 1996. Although the act is a key plank
in the Kubbys' defense case, it would not be allowed if Judge James Roeder
approves a motion prosecutors made Wednesday to exclude medical marijuana
as a defense.

According to Deputy District Attorney Chris Cattran, the Compassionate Use
Act the formal name of Proposition 215 passed by voters in 1996 was
designed for seriously ill Californians. Under that designation, Michele
Kubby's irritable bowel syndrome is questionable as is Steven Kubby's
claim that medical marijuana aids in staving off his adrenal cancer,
Cattran said.

"To date, we had received no medical records to indicate the Kubbys'
conditions prior to obtaining a recommendation from a physician," Cattran
said.

Although records indicate Steven Kubby suffered from the rare form of
cancer after the Jan. 19, 1999 arrest at the Kubby's Olympic Village home,
Cattran said the recommending physician Dr. Charles Kellermyer of Tahoe
was not actively treating Kubby.

"There should be documentation or case studies we can look to to determine
if medical marijuana is appropriate," Cattran said.

But Dale Wood, Steven Kubby's attorney, said the Compassionate Use Act
does not say a patient must have a certain illness in order to qualify for
a medical marijuana recommendation.

"The act says any illness," Wood said. "It doesn't say it has to be a
serious illness. Unfortunately, the law is not real clear."

And Joseph Farina, Michele Kubby's attorney, said it was "outrageous" for
the prosecution to try and go behind the voter-approved statute's wording.
The language contained in the act says patients must have a recommendation
from a licensed California physician, which the Kubbys have, he added.

Additionally, Cattran introduced a motion to exclude medical and
psychological exam results from after the Kubbys' arrest.

The defense intends to introduce testimony and medical records from Dr.
Vincent DeQuattro of the University of Southern California who diagnosed
Steven Kubby's cancer more than 20 years ago. Cattran, though, said
DeQuattro's testimony would have no relevance if the Compassionate Use Act
defense is allowed.

Again, Wood disagreed with Cattran's assessment.

"The relevance of any post-arrest examination is a confirmation of a
preexisting medical condition," Wood said.

Although Wood said traditional Western medicine has not aided in the
treatment of Kubby's cancer, Gini said the prosecution intends to
introduce a study recently published by Dr. J.C. Sisson in which Sisson
claims to have success in treating adrenal cancer with traditional
methods.

Jury selection in the case will begin Monday. A series of hearings to
determine whether witnesses to be called by both sides are qualified to
testify as experts will begin Tuesday.

Published: March 2, 2000
Copyright: The Auburn Journal

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