At a hearing yesterday, medical marijuana activist and former California gubernatorial candidate Steve Kubby found out he will be heading back to jail just days after his release.

Kubby was released from Placer County jail early last week after serving 40 days of an oustanding three-month sentence dating back to a drug possession arrest in 1999. News reports cited good behavior and a need to reduce jail crowding as factors in his release. Now Kubby has been re-sentenced to 60 days for violating the terms of his probation when he moved to Canada in 2001.

Kubby, who was extradited to California from Canada earlier this year, has been using marijuana for decades to control the symptoms from a rare, and usually fatal, form of adrenal cancer. Though denied access to marijuana in plant form while in jail, Kubby was given Marinol after going days without his medicine. The synthetic THC pill helped to curb attacks of high blood pressure he had been experiencing during his first few days of incarceration, though it did not provide as much relief as the full plant.

Kubby has commended the staff of the Placer County jail for their professionalism and commitment to caring for his condition. He is scheduled to return to the jail today, where he will be allowed to use Marinol again with a doctor's prescription.