Not so. Yhe terms of his initial probation would have precluded any use of his medicine during the year or so of this sentence.
Of course, you and many others may not accept that cannabis has any therapeutic or medicinal value. With such a viewpoint, you would naturally regard Kubby as merely a dope smoker who wants to be free to get high.
Kubby defied the judge's orders, announcing that he would not "pay a dollar's fine." After he was ordered jailed for violating his probation by leaving the area without notice, Kubby fled to Canada.
Inaccurate. I took the time to inquire of someone closer to and more knowledgeable of the facts of the case than I: Kubby may have expressed defiance, but nobody is required to pay a fine while his case is under appeal.
My source informs me that, according to Kubby, he requested and received permission from the court to travel to Canada. He "violated" his probation by failing to return to Placer county in July 2001 for a court hearing that would have determined some details of his probation, in particular his right to use cannabis during his probation. He says he did not "flee to Canada." He says, however, that if he had returned to Placer county, he believes he would have been taken into custody and incarcerated there, and then might have died "accidentally" in jail - being denied his medicine, etc. He did not want to take that risk.
Of course, given the viewpoint that Kubby is merely a dope smoker and scofflaw, his word would not be credible. As an aside, the peyote buttons were "found" in a film cannister in a guest bedroom, and Kubby has stated that he doesn't know where they came from. The psilocybin consisted of a slice from a mushroom stem, and according to Kubby, was acquired years ago when he was researching for a book he wrote.