I just spoke with a very happy Steve Kubby, who was released from Placer County jail this afternoon, where he had been held since January 27th, following his expulsion from Canada on January 26th.

Last Friday, Superior Court Judge John Cosgrove, who presided over Kubby’s initial railroading in 2001, rejected a request for a hearing to modify the 120-day jail sentence originally imposed by Cosgrove. Under California’s Prop 36, passed by the voters in people first time in 2000, people convicted of non-violent drug possession charges are not supposed to be locked up.

However, in 2001, Cosgrove denied Prop. 36 protection to Kubby for his misdemeanor convictions for possession psilocyn and mescaline, the latter being a felony.

Of course, Kubby did not actually have any mescaline. The police admittedly extracted it from a remnant of a cactus they said they found in a film canister in Kubby’s guest bedroom. That is really what this whole ordeal has been about.

See Steve Kubby Is the Only One In This Story Who Has NOT Broken The Law, But He Faces the Death Penalty.and links

At the time, Cosgrove said that any use of marijuana, even medical use, would disqualify Kubby, according to rules adopted by Placer County. Public Defender Julie Mumma argued that the county cannot overrule an initiative. Of course, Placer County was ignoring Prop 215, which is why Kubby was arrested in the first place.

Kubby’s attorney, J. David Nick of San Francisco, argued that he was never properly sentenced on the felony count because he had moved to Canada, with the court’s permission in 2001, and Kubby was in Canada in 2003 when his misdemeanor drug conviction was illegally reinstated as a felony by an appeals court, as a result of actions by two recused judges.

Surprise, surprise, Cosgrove agreed with prosecutor Christopher Cattran's argument that the sentence in 2001 had been appropriately imposed. The Sacramento Bee quoted Cosgrove as saying, "I don't see why Mr. Kubby wants another sentencing just because he absconded.” Never mind that Cosgrove had given his permission for Steve to move to Canada, on April 27, 2001.

See Prosecutor Demands That Kubby Be Jailed to Die Without Medical Marijuana; Judge Agrees, But Jailer Refuses to Commit Murder. Just When You Thought They Couldn’t Get Any Crazier…

As in the story linked above, it appears that Kubby was freed once again at the initiative of the Placer County jailers and sheriff who are still refusing to do the dirty work of their higher ups, who like to have their underlings do their killing for them.

As MarijuanaNews reported last week, Steve has lost 25 pounds in the last month. Marinol has controlled most of the symptoms of his adrenal cancer, but this remains a very dangerous and unethical medical experiment because of the absence of the other cannabinoids.

Steve must return to court March 14 on a charge that he violated his probation when he did not return from Canada because he feared being jailed without any form of cannabis by Placer County. Cosgrove’s absurd statement about Kubby “absconding” will be one basis for the appeal. The most important political development here is that there are elements in Placer County law enforcement who know and care which way the wind is blowing.