In a move that may have surprised the prosecution, the new Kubby defense team rejected the 120 day misdemeanor jail sentence the Placer D.A.'s office had offered. In stead, Kubby is asserting his right to be re-sentenced as a felon by Judge John L.Mrs. Kubby also points out that Steve Kubby's physician, Dr. Tod Mikuriya has also become a victim in the War on Drugs, as the California Medical Association has decided to go after him for prescribing a drug which is perfectly legal in the Republic of California. Dr. Mikuriya is the M.D. who prescribed the Marinol that is currently helping to keep Mr. Kubby's blood pressure and cancer symptoms in check until he can regain access to medical marijuana.
Cosgrove, the original trial judge. A felony sentencing hearing provides Kubby with new rights not available to him under misdemeanor sentencing
Prosecutor Christopher Cattran has not swayed from his original stand, strenuously demanding Kubby be sent to jail for refusing probation, or registered as a drug offender, and that he be forbidden from using medical marijuana, without any further delay.
Consequently, the Court has presently scheduled a re-sentencing hearing for Kubby on March 3rd at **8:30 AM**. David Nick will argue that Kubby should be sentenced to probation.
Mrs. Kubby added, “Dr. Mikuriya is also under attack, as is anyone involved with marijuana. Currently he is facing persecution by the **California** Medical Association for bravely recommending cannabis to a wide variety of patients. He is facing a fine of over $75,000 for his brave stand.
Hopefully we will soon see Mr. Kubby freed since the judge in the new trial is the same man who originally sentenced him.