AUBURN -- Medical marijuana activist Steve Kubby asked a Placer County judge today to let him use cannabis while he serves a 120-day jail sentence for a drug conviction in 2000. The Placer sheriff's department said it is opposed to the idea.
Kubby has contended that he will die in jail if he is not allowed to use cannabis to treat his condition.

Undersheriff Steve D'Arcy said his department's policy is that marijuana will not be furnished in any form to an inmate.

The 59-year-old Kubby made the request through his attorney during a hearing in Placer Superior Court in which the lawyer also asked that his client be released from jail to serve the sentence at his new home in Marin County. The attorney, Bill McPike, said Kubby could wear an electronic device so that his movements could be monitored by authorities.

Judge Robert McElhany made no ruling and scheduled another hearing for Friday. The District Attorney's Office said it has made no recommendation regarding the requests made today.

Kubby was in court today for arraignment on a charge that he violated probation by moving to Vancouver, Canada, in 2001 to avoid serving the 120-day sentence. Kubby formally entered a denial to the charge. A jury had found him guilty of a felony charge of possession of peyote and of a charge of possession of a psychedelic mushroom. The latter charge was later reduced by a judge from a felony to a misdemeanor.

Placer sheriff's deputies found the drugs during a 1999 raid on Kubby's home in the Lake Tahoe area. Also found in the home were 265 marijuana plants, which Kubby said he needed for medical use to control a rare form of adrenal cancer. The jury voted 11-1 to acquit him of illegal possession of the cannabis.

Kubby was deported from Canada on Thursday and was arrested by police after his airplane landed at San Francisco International Airport.