JUDGE WON'T GRANT KUBBY A NEW HEARING ON JAIL TIME

A Placer County judge rejected a request Friday for a hearing to
modify the 120-day jail sentence now being served in Auburn by
medical marijuana activist Steven Wynn Kubby.

Superior Court Judge John Cosgrove had been asked by Kubby's attorney
to revisit the sentencing because Kubby was in Canada in 2003 when
his misdemeanor drug conviction was reinstated as a felony by an appeals court.

The attorney, J. David Nick of San Francisco, argued that Kubby, who
moved to Canada in 2001 to avoid jail time and to continue treating
his adrenal cancer with marijuana, was never properly sentenced on
the felony count.

However, Cosgrove agreed with prosecutor Christopher Cattran's
contention that the sentencing in 2001 had been appropriately imposed.

"I don't see why Mr. Kubby wants another sentencing just because he
absconded (to Canada)," Cosgrove said.

Kubby was convicted by a Placer County jury for possession of
psilocyn and of mescaline, the latter charge being a felony.

Cosgrove reduced the felony to a misdemeanor and imposed the 120-day
jail sentence and a three-year probation on Kubby.

Kubby claimed he would die in jail without marijuana treatment for
his cancer and moved to Canada before his jail term was to begin. He
stayed in Canada until his deportation Jan. 26.

He was arrested by authorities when his airplane landed in San
Francisco. He's been in the Placer County jail since Jan. 27.

Nick said his client has lost 25 pounds during his 37 days in jail,
where he receives the drug Marinol to relieve symptoms of his
illness. Kubby's previous attorney said in an earlier interview that
marijuana seemed to be more effective in treating Kubby's symptoms
than Marinol.

Kubby will return to court March 14 on a charge that he violated his
probation when he moved to Canada.