NO RESENTENCING FOR MEDIPOT ADVOCATE

A motion by the attorney for jailed medical marijuana activist Steve
Kubby to modify his sentence and the conditions of his probation was
denied Friday in an Auburn courtroom.

J. David Nick, Kubby's San Francisco attorney, had requested that the
court allow Kubby a re-sentencing hearing stating that his client was
never sentenced as a felon.

Superior Court Judge John Cosgrove disagreed.

"The defendant has been sentenced ... I don't see that Mr. Kubby is
eligible to another sentencing," Cosgrove said Friday. "Request denied."

Additionally, Cosgrove declined to modify Kubby's terms of probation
to allow for alternatives to incarceration, such as house arrest.

Kubby, 59, faced a jury trial in which he was convicted of possession
of psilocybin and mescaline and sentenced as a felon by Cosgrove. He
was to serve 120 days in jail following the 2000 sentencing.

Kubby was allowed to leave Placer County to visit Canada and avoided
incarceration in 2000 by not returning as ordered. He was arrested on
a no-bail warrant in January and transferred to Placer County Jail
where he remains.

Nick told the court Friday that jailing Kubby was nothing more than a
"political witch-hunt" and there is no justification for
incarcerating his client.

Kubby is currently in Placer County Jail serving the original 120-day
sentence, which is expected to end sometime in late April or early
May depending on credits earned for good behavior.

New violation of probation charges could be filed by the District
Attorney's Office.

Wearing an orange jail-issued jumpsuit the one-time gubernatorial
candidate and co-author of Proposition 215, California's
Compassionate Use Act, sat quietly with his back to the audience,
which was comprised mainly of about 10 supporters.

Kubby contends he must have marijuana daily in order to survive and
stave off the affects of a rare form of adrenal cancer. He credits a
Canadian doctor who agrees with him, but a department chairman and UC
Davis cancer specialist has said there is no scientific evidence to
Kubby's claim that marijuana is keeping him alive.

Kubby is currently receiving Marinol, a synthetic form of
tetrahydrocannabinol, or THC, the active ingredient in marijuana.

Kubby's wife, Michele, was not in the courtroom for Friday's
appearance and could not be reached for comment.

The Kubby family had been seeking to stay in Canada, however, the
Canadian Border Services rejected the family's bid for protection
Dec. 9 and ordered them out of the country.

A pretrial conference is scheduled for 8:30 a.m. March 14 in Dept. 13
of Placer County Superior Court.