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 did convict Steve Kubby of possession of a small amount of psilocyn (psychedelic mushrooms) and peyote buttons. He is scheduled for sentencing on Feb. 2.
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. 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.
For more information, please contact Tony Serra, Esq., at (415) 986-5591 or visit www.kubby.com.
